Time limits apply in West Virginia. Find out if you still qualify.
Start Your Free Review
Answer 2-3 quick questions to review your potential case.
Verified against court records, regulatory records, and peer-reviewed research.
Last reviewed against primary sources: June 11, 2026
Statute of Limitations
W. Va. Code § 55-2-12 provides a 2-year limitations period for personal injury product liability actions. The discovery rule applies, tolling accrual until the plaintiff discovers or reasonably should discover the mesh-related injury and causation. No statute of repose applies. West Virginia's plaintiff bar has substantial mass tort experience (notably asbestos and opioid litigation), which translates into effective hernia mesh representation. WV cases frequently join MDL 2846 in neighboring S.D. Ohio.
2 years from discovery of mesh-related injury and causation
Exposure in West Virginia
Source: West Virginia Health Statistics Center surgical procedure data
Source: West Virginia State Bar mass tort practice data