A NuvaRing injury claim was dismissed by a court because the plaintiff (i.e. the injured victim) waited to file her lawsuit more than two years after her hospitalization for deep vein thrombosis, according to lawyersusaonline.com.
The plaintiff took NuvaRing in September of 2004 until she had to go to the hospital due to deep vein thrombosis in November of 2005. Her treating physicians actually told her that NuvaRing was the primary cause of the blood clot.
The plaintiff did not file a claim against Oraganon USA, the original manufacturer of NuvaRing until two years and two weeks after her discharge from the hospital. The defense lawyers argued that her product liability claim was barred by a two-year statute of limitations.
The court agreed, rejecting the plaintiff’s argument that her claim didn’t accrue until she read about NuvaRing litigation after her release from the hospital.
The court stated that “the plaintiff had reasonable medical information that connected her injuries with the fault of the defendants. Consequently, she had the requisite knowledge for her cause of action to accrue.”
The Virginia Injury Lawyer’s Perspective:
It’s so frustrating to read about the dismissal of what appears to be a perfectly legitimate claim. Unfortunately, many legitimate claims wind up barred because victim’s wait to take action and the statute of limitations expires.
You may be asking, “what exactly is a statute of limitations?” Well, it is a finite period of time that an injured victim has to file a claim against the at-fault party. The length of the statute varies from state to state. For example, in Virginia, the statute of limitations for an injury/product liability claim is two years.
If you or a loved one suffered serious side effects or injuries due to a defective device like NuvaRing, do not delay – contact a lawyer to discuss your legal rights.
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