Bard PowerPort Catheter Lawsuit in Virginia

Statute of Limitations

Virginia has a 2-year statute of limitations for personal injury claims (Va. Code § 8.01-243). Virginia applies contributory negligence — any fault by the plaintiff bars all recovery, but this doctrine is generally inapplicable in product design defect cases where the patient bears no fault. Virginia has an 8-year statute of repose for product liability (Va. Code § 8.01-250). The Eastern and Western Districts of Virginia are the primary federal venues for PowerPort cases.

2 years from date of injury or discovery (8-year repose)