What is the deadline for filing a defective medical device injury claim in Florida?

Florida applies a discovery rule to these claims, meaning the four-year period generally begins when you discovered, or reasonably should have discovered, the facts connecting your injury to the device.

This differs from a rule that simply starts the clock on the date the device was used, since a patient may not immediately know that a device caused their injury.

Florida also imposes a separate 12-year outer limit for products with an expected useful life of 10 years or less, counted from delivery to the original buyer.

A claim can still move forward past that limit in specific situations, including when the injury did not appear until after the period expired, when the manufacturer represented a longer useful life, or when the manufacturer concealed a known defect.

A few circumstances can change how these deadlines apply

A claim against a doctor or hospital runs on its own separate timeline, distinct from a claim against the device manufacturer. A recall involving your device does not reset or extend your filing deadline on its own, though it can be relevant to when the facts about the problem became known.

• When you first learned, or should have learned, that the device caused your injury
• When the device was originally delivered to its first buyer
• Whether the manufacturer represented a longer expected useful life
• Whether the manufacturer concealed a known defect from the public

How The Law Offices of Sean M. Cleary can help with your defective medical device case

Determining your actual filing deadline requires looking closely at when you learned about the problem and the device's history. Our legal team reviews these details early so you do not lose the chance to pursue a defective medical device claim. Contact the Law Offices of Sean M. Cleary for a free consultation to find out if you're eligible to file a claim.