If you’ve been told that your Boston Scientific Accolade pacemaker must be replaced on account of a battery defect, or if you’ve gone or are thinking of going through the emergency revision surgery, you’re probably focused on your recovery and not the deadlines that may mean you may never get compensation for your injuries caused by the pacemaker. A statute of limitations refers to a legal deadline by which one must file a claim, and for medical devices such as the Accolade pacemaker recall, the deadline may vary depending on your state of residence, the claim you have and perhaps most importantly, when you discovered or should have discovered that your device was defective. Therefore, the belief that the statute of limitations is a single date that applies to everyone couldn’t be more wrong, and waiting for a specific date could end up being the costliest mistake you could ever make in your lifetime. If you were implanted by the current generation of Boston Scientific Accolade pacemakers and received communication regarding the fact that you may need revision surgery but are required to sign off on certain documents or register on the Boston Scientific Accolade website, DON’T DO IT until you read this entire article so you’re made aware of your rights in their entirety, so you can recover maximum compensation.
Are you looking for the best Boston Scientific pacemaker failure lawsuit attorneys? Please call the best pacemaker failure lawyers at McCready Law NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced Boston pacemaker failure attorneys bring to the table combined experience spanning over 90 years where we have helped thousands of injured individuals seek compensation after getting injured due to the negligent actions of others, whether they be private individuals or corporate entities. To date, we have recovered over $500 million for our clients, and our expertise in all areas of the law as well as our personable and compassionate approach place us at a level that is unheard of in injury or class action law. We have thousands of five-star reviews, and our clients often recommend their friends and families to us should they suffer an injury. We take on cases on an agreed-upon contingency fee basis, and the first call to us is consulted on a 100% FREE basis. Regardless of where you are in the country, McCready Law can assist with your Boston Pacemaker failure lawsuit, and we shall come to you if need be so you can recover in the comfort of your hospital or home while we work on your claim. Need to speak to someone regarding the potential compensation for a failed Boston pacemaker device? Call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake coordinator is standing by to route your call to one of our experienced attorneys.
Boston Scientific Pacemaker Lawsuit – What You Need to Know
Here is what you need to understand when it comes to Boston Scientific pacemaker statute of limitations, and why waiting may not be the smartest idea:
- The statute of limitations varies from one state to another, with some states allowing only a year from the date of the discovery of the issue, while others are more generous, capping it up to six years. States that have the 1-year statute of limitations include Louisiana, Tennessee, Kentucky, and South Caroline, Maine and North Dakota have up to six years; however, having a time limit this generous does not mean you should wait as doing so may make it difficult to gather evidence, source witnesses an even build a strong case.
- The discovery rule isn’t always on your side. Courts have often held the opinion that patients who are deemed to have discovered their injury when they knew or should have known that said injury was caused by a defective device, and not when they got the letter from the FDA or Boston Scientific regarding said defect, alerting them of a recall. So, to put this into practical terms, if you experienced fatigue, shortness of breath and dizziness and just chalked them up to stress or aging, the date you started getting these symptoms could be deemed as the date of discovery, thereby shorting your filing window.
- It is also important to realize that these cases may be consolidated into a class action lawsuit, which may have its own requirements and procedural deadlines. If your case is bundled as part of a class action rather than filing a solo lawsuit, you may be bound by the class action’s timeline, whose statute of limitations may be different.
Best Boston Scientific Accolade Pacemaker Failure Attorneys – Call Us Today!
At McCready Law, we appreciate that the statute of limitations is a serious issue that may not be easy to wrap your head around, and this is the reason why we’re here to help you navigate it. We will begin the process by reviewing your medical records, device interrogation data as well as recall notices in order to determine the date when your claim accrued, and we shall ensure your claim is filed way before the deadline lapses. In addition, we will handle all communications with Boston Scientific and their attorneys, so you don’t have to worry about signing off on your rights. Need to talk to a trusted lawyer regarding the Boston Scientific pacemaker failure lawsuit? Call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. Thanks for choosing us, and we look forward to helping you.