What is the statute of limitations for filing a medical device injury lawsuit?
The statute of limitations for filing a medical device injury lawsuit in Pennsylvania is two years from the date of injury, or two years from the time the injury was discovered or reasonably should have been discovered. However, the court may grant an extension for medical malpractice cases if the plaintiff can show that extraordinary circumstances prevented them from filing the case within the two-year period or that it was necessary to do so in order to preserve evidence. For minors who are injured by medical devices, they have until their twentieth birthday to begin a lawsuit. Additionally, for any claims against the United States government, including the Food and Drug Administration, the statute of limitations is generally six years. It is important to note that if the injured party does not file a lawsuit within the statute of limitations, they are legally barred from bringing a claim for damages. For this reason, it is important to hire an experienced medical malpractice attorney as soon as possible after an injury to ensure that any needed lawsuit is filed in a timely manner.
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