Bard PowerPort Catheter Lawsuit in Maryland

Statute of Limitations

Maryland has a 3-year statute of limitations for product liability claims (Md. Code, Cts. & Jud. Proc. § 5-101). Maryland applies contributory negligence (bars all recovery if any plaintiff fault exists), but this is inapplicable in product design defect cases where the patient has no fault in the device's fracture. Maryland has a 20-year statute of repose for product liability from the date of first sale. The District of Maryland (Baltimore) is the primary federal venue.

3 years from discovery of injury (20-year repose from first sale)