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Virginia · Bard PowerPort claims: who can file and what to do

Bard PowerPort claims: who can file and what to do in Virginia

See If You Qualify

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Filing deadline2 years from date of injury or discovery (no product statute of repose)Va. Code § 8.01-243

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

Updated

01 · Your filing deadline

What is the deadline in Virginia?

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's 5-year statute of repose for improvements to real property does not apply to manufacturers or suppliers of equipment, machinery or other articles installed in a structure (Va. Code § 8.01-250). A lawyer can confirm yours.

2 years from date of injury or discovery (no product statute of repose)

The Eastern and Western Districts of Virginia are the primary federal venues for PowerPort cases.

Source: Va. Code § 8.01-243

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?

Virginia follows contributory negligence (along with NC, MD, AL, and DC) — any plaintiff fault bars recovery entirely. In PowerPort design defect cases this is not typically a bar because patients bear no fault for device fracture. Virginia has a 2-year SOL. Massey Cancer Center at VCU and UVA Cancer Center are major oncology programs.

Medical facilities in Virginia

  • VCU Massey Comprehensive Cancer Center

  • UVA Cancer Center

How this works nationally

For the overall process and updates, read the Bard PowerPort claims: who can file and what to do overview. This page covers the local information available for Virginia.

What happens when I check?

You answer a few short questions about what happened. If you send them, a participating law firm reviews your answers. If the firm takes your case, it explains your options. People's Justice is not a law firm.

Live in Virginia? Read what applies in your state.

If a participating law firm takes your case, it explains your options.

Ask a law firm to review your case

Sources

  1. Va. Code § 8.01-243