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Texas · Olympus ERCP Scope

Olympus ERCP Scope Claims in Texas

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Filing deadline2 years from discovery of duodenoscope-linked infectionRemedies Code § 16.003

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Texas?

Texas Civil Practice and Remedies Code § 16.003 provides a 2-year statute of limitations for personal injury claims. The discovery rule applies for medical device injuries — the clock starts when the plaintiff discovers or reasonably should have discovered the connection between their infection and the contaminated duodenoscope. Texas has a 15-year statute of repose under § 16.012 from the date the product was first sold. A lawyer can confirm yours.

2 years from discovery of duodenoscope-linked infection

Source: Remedies Code § 16.003

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Texas has one of the largest ERCP procedure volumes in the country, driven by the Texas Medical Center in Houston — the world's largest medical complex — along with UT Southwestern in Dallas, Baylor Scott & White, and other major hospital systems. Texas applies a 2-year statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003 with the discovery rule for latent injuries, and has a 15-year statute of repose under § 16.012 that does not yet affect most duodenoscope claims.

Texas duodenoscope cases may be filed in Harris County (Houston), Dallas County, Bexar County (San Antonio), or Travis County (Austin) district courts, or in the U.S. District Courts for the Southern, Northern, Eastern, or Western Districts of Texas. Harris County, home to the Texas Medical Center, has the highest concentration of ERCP procedures in the state. Texas applies a Daubert-style standard for expert testimony under Texas Rule of Evidence 702 and uses a risk-utility analysis for design defect claims. Texas tort reform caps noneconomic damages in some medical liability claims, but product liability claims against device manufacturers are generally not subject to the same caps.

How this works nationally

For the overall process and updates, read the Olympus ERCP Scope overview. This page covers the local information available for Texas.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Texas? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. Remedies Code § 16.003