Hernia Mesh (Davol/C.R. Bard) Lawsuit in Louisiana

Statute of Limitations

Louisiana Civil Code article 3492 provides a 1-year prescriptive period (equivalent to statute of limitations) for delictual actions, including product liability claims. The discovery rule applies — prescription does not run as long as the plaintiff does not know and could not reasonably discover the harm. Louisiana has no statute of repose for products liability. Louisiana follows a pure comparative fault system — recovery is never completely barred but reduced proportionally by fault.

1 year from discovery — act immediately; no statute of repose