Statute of Limitations
California Code of Civil Procedure § 335.1 imposes a 2-year statute of limitations for personal injury product liability claims. Under California's discovery rule, the limitations period does not begin until the plaintiff knows or has reason to know of the injury and its cause. For hernia mesh claimants with delayed complications, this can meaningfully extend the effective filing window. California has no statute of repose for product liability claims, making it one of the more favorable states for late-diagnosed mesh complications.
2 years from discovery of mesh-related injury and causation
Where to File in California
Hernia mesh cases involving California plaintiffs feed into four federal MDLs: Davol/CR Bard MDL 2846 before Judge Edmund Sargus in the Southern District of Ohio (approximately 30,000 cases, the largest mesh MDL); Covidien Parietex MDL 2511 also before Judge Sargus in S.D. Ohio; Atrium C-QUR MDL 2753 in the District of New Hampshire; and Johnson & Johnson/Ethicon cases consolidated in Atlantic County Superior Court (NJ) before Judge John Porto.
California applies a two-year statute of limitations for products liability, running from the date the plaintiff discovered — or reasonably should have discovered — the injury and its connection to the mesh product. Because complications such as mesh erosion, chronic pelvic pain, and fistula formation can emerge years or even a decade after implantation, the discovery rule frequently tolls the limitations period well beyond the surgery date.
California ranks first nationally in annual hernia repair volume, with major surgical centers in Los Angeles, San Francisco, San Diego, and Sacramento generating high device implant rates. Davol (Bard/BD) Ventralex, PerFix, and 3DMax products, along with Covidien Parietex Composite mesh, account for the dominant share of California defendant product exposure.
Johnson & Johnson/Ethicon plaintiffs — whose cases involve Physiomesh Flexible Composite and Prolene Hernia System products — should file in Atlantic County NJ state court rather than federal court, as J&J has successfully moved to consolidate those cases before Judge Porto in the NJ mass tort program outside the federal MDL structure.
Exposure in California
Source: California Office of Statewide Health Planning and Development
Source: MDL 2846 comparable case analysis
Source: MDL 2846 plaintiff registration data
Clinics & Specialists in California
Cedars-Sinai Medical Center — Hernia Surgery Program
UCSF Medical Center — General Surgery, Minimally Invasive Division
Your Legal Team
Daniel Park
Partner
Los Angeles, CA
Daniel Park has built one of Southern California's most active hernia mesh plaintiff practices over 14 years, representing clients whose hernia mesh complications range from chronic groin pain to catastrophic bowel injury. His Los Angeles base provides access to a large pool of surgical records, medical experts, and specialist witnesses in one of the country's highest-volume hernia surgery markets. Daniel works closely with general surgery experts at major Southern California academic medical centers to build strong causation opinions for each client's unique mesh complication. His contingency-fee practice means hernia mesh clients pay nothing upfront and nothing at all unless the firm achieves a recovery.
Education
- J.D., USC Gould School of Law (2012)
- B.A., Health Studies, UCLA (2009)