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April 28, 2012
  Yasmin Colorado Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Colorado and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Colorado and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis was a side effect of Yasmin, and injured women may have a remedy under Colorado law for their injury.

Settlement negotiations have begun in Yasmin Colorado lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Colorado women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Colorado statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

13-80-101. General limitation of actions - three years.

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;

(b) Repealed.

(c) All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102 (1) (j) or section 13-80-103 (1) (g);

(d) and (e) Repealed.

(f) All actions for breach of trust or breach of fiduciary duty;

(g) All claims under the "Uniform Consumer Credit Code", except section 5-5-201 (5), C.R.S.;

(h) All actions of replevin or for taking, detaining, or converting goods or chattels, except as otherwise provided in section 13-80-103.5;

(i) All actions under the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.;

(j) All actions under part 6 of article 4 of title 10, C.R.S.;

(k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state;

(l) All actions of debt under section 40-30-102, C.R.S.;

(m) All actions for recovery of erroneous or excessive refunds of any tax under section 39-21-102, C.R.S.;

(n) (I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1). (II) The provisions of this paragraph (n) do not apply to any action for strict liability, absolute liability, or failure to instruct or warn governed by the provisions of section 13-80-102 (1) (b) or section 13-80-106.

(o) (I) Repealed. (II) For purposes of this paragraph (o):

(A) "Business" shall have the same meaning as set forth in section 13-21-603 (1).

(B) "Electronic computing device" shall have the same meaning as set forth in section 13-21-603 (2).

(C) Repealed.

(p) Repealed.

13-80-108. When a cause of action accrues.

(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.

(2) A cause of action for wrongful death shall be considered to accrue on the date of death.

(3) A cause of action for fraud, misrepresentation, concealment, or deceit shall be considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is discovered or should have been discovered by the exercise of reasonable diligence.

(4) A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due.

(5) A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account.

(6) A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.

(7) A cause of action for wrongful possession of personal property, goods, or chattels shall accrue at the time the wrongful possession is discovered or should have been discovered by the exercise of reasonable diligence.

(8) A cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.

(9) A cause of action for penalties shall be deemed to accrue when the determination of overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.

(10) A cause of action for recovery of erroneous or excessive refunds of any tax administered under section 39-21-102, C.R.S., shall accrue on the date the department of revenue issues said refund.

(11) A cause of action for a penalty for commission of a class A or a class B traffic infraction, as defined in section 42-4-1701, C.R.S., shall be deemed to accrue on the date the traffic infraction was committed.

(12) A cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of reasonable diligence.

(13) A cause of action by the public employees' retirement association against an employer for unpaid contributions shall accrue on the date the nonpayment of contributions is discovered or should have been discovered by the exercise of reasonable diligence. This subsection (13) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

13-80-106. Limitation of actions against manufacturers or sellers of products.

(1) Notwithstanding any other statutory provisions to the contrary, all actions except those governed by section 4-2-725, C.R.S., brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product shall be brought within two years after the claim for relief arises and not thereafter.

(2) If any person entitled to bring any action mentioned in this section is under the age of eighteen years, mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and is without spouse or natural or legal guardian, such person may bring said action within the time limit specified in this section after the disability is removed. If such person has a legal representative, such person's representative shall bring the action within the period of limitation imposed by this section.

13-80-107. Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment.

(1) (a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.

(b) Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.

(c) The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.

(2) As used in this section, "manufacturing equipment" means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.

(3) The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.

(4) The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.

Continue reading "Yasmin Colorado Deep Vein Thrombosis Lawsuits" »

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April 28, 2012
  Yasmin Maryland Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Maryland and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Maryland and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of Yasmin, and injured women may have a remedy under Maryland law for their injury.

Settlement negotiations have begun in Yasmin Maryland lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Maryland women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Maryland statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

Md. Code Ann., Cts. Jud. Proc. § 5-101. Three-year limitation in general.

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

Continue reading "Yasmin Maryland Deep Vein Thrombosis Lawsuits" »

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April 27, 2012
  Yasmin Wisconsin Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Wisconsin and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Wisconsin and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis was a side effect of Yasmin, and injured women may have a remedy under Wisconsin law for their injury.

Settlement negotiations have begun in Yasmin Wisconsin lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Wisconsin women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Wisconsin statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

Wis. Stat. § 893.54.

893.54 Injury to the person. The following actions shall be commenced within 3 years or be barred:

(1) An action to recover damages for injuries to the person.

(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.

Continue reading "Yasmin Wisconsin Deep Vein Thrombosis Lawsuits" »

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April 27, 2012
  Yasmin North Carolina Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in North Carolina and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in North Carolina and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis was a side effect of Yasmin, and injured women may have a remedy under North Carolina law for their injury.

Settlement negotiations have begun in Yasmin North Carolina lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

North Carolina women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant North Carolina statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

N.C. Gen. Stat. § 1-52. Three years.

Within three years an action ‑

(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1‑53(1).

(1a) Upon the official bond of a public officer.

(2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it.

(3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.

(4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.

(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.

(6) Against the sureties of any executor, administrator, collector or guardian on the official bond of their principal; within three years after the breach thereof complained of.

(7) Against bail; within three years after judgment against the principal; but bail may discharge himself by a surrender of the principal, at any time before final judgment against the bail.

(8) For fees due to a clerk, sheriff or other officer, by the judgment of a court; within three years from the entry of the judgment, or the issuing of the last execution thereon.

(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

(10) Repealed by Session Laws 1977, c. 886, s. 1.

(11) For the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, said act being an act of Congress.

(12) Upon a claim for loss covered by an insurance policy that is subject to the three‑year limitation contained in G.S. 58‑44‑16.

(13) Against a public officer, for a trespass, under color of his office.

(14) An action under Chapter 75B of the General Statutes, the action in regard to a continuing violation accrues at the time of the latest violation.

(15) For the recovery of taxes paid as provided in G.S. 105‑381.

(16) Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1‑15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.

(17) Against a public utility, electric or telephone membership corporation, or a municipality for damages or for compensation for right‑of‑way or use of any lands for a utility service line or lines to serve one or more customers or members unless an inverse condemnation action or proceeding is commenced within three years after the utility service line has been constructed or by October 1, 1984, whichever is later.

(18) Against any registered land surveyor as defined in G.S. 89C‑3(9) or any person acting under his supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting as defined in G.S. 1‑47(6).

(19) For assault, battery, or false imprisonment.

(20) Upon a liability for a civil penalty, civil assessment, or civil fine imposed pursuant to Chapter 20 of the General Statutes.

N.C. Gen. Stat. § 1-53. Two years.

Within two years ‑

(1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. Unless otherwise provided by law, if the preceding sentence of this subsection would bar commencement of a cause of action arising out of a contract to improve real property: (i) such an action may be brought no later than 90 days after substantial completion, provided proper notice of the claim has been given if required by contract, or (ii) if prior to substantial completion the contract was terminated by either party, such an action may be brought no later than 90 days after the date of termination of the contract. As used in this subdivision, "substantial completion" has the same meaning as in G.S. 1‑50(a)(5)c. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article.

(2) An action to recover the penalty for usury, including an action regarding the financing of usurious points, usurious fees, or other usurious charges; the two‑year period shall accrue with each payment made and accepted on the loan.

(3) The forfeiture of all interest for usury.

(4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A‑18‑2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1‑15(c) or 1‑52(16), no action for his death may be brought.

Continue reading "Yasmin North Carolina Deep Vein Thrombosis Lawsuits" »

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April 27, 2012
  Yasmin Georgia Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Georgia and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Georgia and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of Yasmin, and injured women may have a remedy under Georgia law for their injury.

Settlement negotiations have begun in Yasmin Georgia lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Georgia women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Georgia statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

O.C.G.A. § 9-3-33. Injuries to the person; injuries to reputation; loss of consortium; exception

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

O.C.G.A. § 51-1-11. When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected

(a) Except as otherwise provided in this Code section, no privity is necessary to support a tort action; but, if the tort results from the violation of a duty which is itself the consequence of a contract, the right of action is confined to the parties and those in privity to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 11-2-318.

(b) (1) The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.

(2) No action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.

(3) A manufacturer may not exclude or limit the operation of this subsection.

(c) The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negligence of a manufacturer as the basis of liability, except an action seeking to recover from a manufacturer for injuries or damages arising out of the negligence of such manufacturer in manufacturing products which cause a disease or birth defect, or arising out of conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from use of a product once that danger becomes known to the manufacturer.

Continue reading "Yasmin Georgia Deep Vein Thrombosis Lawsuits" »

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April 26, 2012
  Yasmin Massachusetts Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Massachusetts and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Massachusetts and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of Yasmin, and injured women may have a remedy under Massachusetts law for their injury.

Settlement negotiations have begun in Yasmin Massachusetts lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Massachusetts women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Massachusetts statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

CHAPTER 260. LIMITATIONS OF ACTION

Section 2A. Tort, contract to recover for personal injuries, and replevin actions.

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.

Section 4. Certain tort or contract actions for malpractice, error or mistake

Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.

Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

For the purposes only of this section, an officer or soldier of the military forces of the commonwealth, as defined in chapter thirty-three, shall while performing any lawfully ordered military duty be deemed to be an officer or employee of the commonwealth.

Continue reading "Yasmin Massachusetts Deep Vein Thrombosis Lawsuits" »

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April 26, 2012
  FDA Orders Warning of Increased Blood Clot Risk from Yaz, Yasmin and Ocella
Posted By DeCarli Law

On April 10, 2012, the FDA ordered the manufacturers of Yaz, Yasmin and Ocella to include a warning that these oral contraceptives cause up to a three-fold increase in the risk of blood clots. The new warning label applies to all forms of birth control that contain drospirenone. Previously, there was no warning that drospirenone-containing birth control pills could cause a greater risk of blood clots compared to older birth control pills.

All forms of oral contraceptives increase the risk of blood clots, or venous thrombobotic events (VTE). However, some studies have shown that the risk is three times as great for birth control pills containing drospirenone, such as Yaz, Yasmin and Ocella. After reviewing these studies, the FDA announced that it "believes that drospirenone-containing products may be associated with a higher risk of blood clots and is adding information about these observational studies to the drug labels for drospirenone-containing products."

VTEs include deep vein thrombosis (DVT) and pulmonary embolism (PE). A DVT is a blood clot that forms inside a vein. These blood clots usually form in the lower leg or thigh, but can break loose and travel to other areas of the body such as the lungs. If the clot travels to the lung, and an artery in the lung is blocked, it is called a pulmonary embolism (PE), which is potentially fatal.

If a woman developed a DVT or PE while using Yaz, Yasmin or Ocella, they likely have a claim for their injury. In fact, some injured woman have already reached settlements with Bayer, the manufacturer of Yaz and Yasmin. Women may contact the attorneys at DeCarli Law for a free, no-obligation consultation to learn whether they may participate in ongoing settlement talks.

Continue reading "FDA Orders Warning of Increased Blood Clot Risk from Yaz, Yasmin and Ocella" »

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April 26, 2012
  Yasmin Pennsylvania Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Pennsylvania and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Pennsylvania and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of Yasmin, and injured women may have a remedy under Pennsylvania law for their injury.

Settlement negotiations have begun in Yasmin Pennsylvania lawsuits for women who developed deep vein thrombosis after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Pennsylvania women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Pennsylvania statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

42 Pa. Cons. Stat. Ann. § 5524. Two year limitation.

The following actions and proceedings must be commenced within two years:

(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

(4) An action for waste or trespass of real property.

(5) An action upon a statute for a civil penalty or forfeiture.

(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.

(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

(8) (Deleted by amendment).

Continue reading "Yasmin Pennsylvania Deep Vein Thrombosis Lawsuits" »

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April 26, 2012
  Yasmin Illinois Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Illinois and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis (DVT) lawsuits in Illinois and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis was a side effect of Yasmin, and injured women may have a remedy under Illinois law for their injury.

Settlement negotiations have begun in Yasmin Illinois lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Illinois women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Illinois statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

Illinois Statute, 735 ILCS 5/13‑202:

Sec. 13‑202. Personal injury ‑ Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2‑year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.

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April 25, 2012
  Yasmin Ohio Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Ohio and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Ohio and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis was a side effect of Yasmin, and injured women may have a remedy under Ohio law for their injury.

Settlement negotiations have begun in Yasmin Ohio lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Ohio women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Ohio statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

Ohio Rev. Code § 2305.10(A) & (B):

2305.10 Bodily injury or injury to personal property.

(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.

(B)(1) For purposes of division (A) of this section, a cause of action for bodily injury that is not described in division (B)(2), (3), (4), or (5) of this section and that is caused by exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical devices accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(2) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to chromium in any of its chemical forms accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(3) For purposes of division (A) of this section, a cause of action for bodily injury incurred by a veteran through exposure to chemical defoliants or herbicides or other causative agents, including agent orange, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(4) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens, including exposure before birth, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(5) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to asbestos accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

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April 25, 2012
  Yasmin Oregon Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Oregon and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Oregon and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of Yasmin, and injured women may have a remedy under Oregon law for their injury.

Settlement negotiations have begun in Yasmin Oregon lawsuits for women who developed deep vein thrombosis after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Oregon women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Oregon statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

Or. Rev. Stat. § 30.905(1)

30.905 Time limitation for commencement of action. (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

(2) A product liability civil action for personal injury or property damage must be commenced before the later of:

(a) Ten years after the date on which the product was first purchased for use or consumption; or

(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

(4) A product liability civil action for death must be commenced before the earlier of:

(a) Three years after the death of the decedent;

(b) Ten years after the date on which the product was first purchased for use or consumption; or

(c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135.

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April 25, 2012
  Yasmin Iowa Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Iowa and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Iowa and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis was a side effect of Yasmin, and injured women may have a remedy under Iowa law for their injury.

Settlement negotiations have begun in Yasmin Iowa lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Iowa women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Iowa statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

Iowa Code § 614.1. Period.

Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:

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2. Injuries to person or reputation -- relative rights -- statute penalty. Those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty, within two years.

2A. With respect to products.

a. Those founded on the death of a person or injuries to the person or property brought against the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of a product based upon an alleged defect in the design, inspection, testing, manufacturing, formulation, marketing, packaging, warning, labeling of the product, or any other alleged defect or failure of whatever nature or kind, based on the theories of strict liability in tort, negligence, or breach of an implied warranty shall not be commenced more than fifteen years after the product was first purchased, leased, bailed, or installed for use or consumption unless expressly warranted for a longer period of time by the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product. This subsection shall not affect the time during which a person found liable may seek and obtain contribution or indemnity from another person whose actual fault caused a product to be defective. This subsection shall not apply if the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product intentionally misrepresents facts about the product or fraudulently conceals information about the product and that conduct was a substantial cause of the claimant's harm.

b. (1) The fifteen-year limitation in paragraph "a" shall not apply to the time period in which to discover a disease that is latent and caused by exposure to a harmful material, in which event the cause of action shall be deemed to have accrued when the disease and such disease's cause have been made known to the person or at the point the person should have been aware of the disease and such disease's cause. This subsection shall not apply to cases governed by subsection 11 of this section.

(2) As used in this paragraph, "harmful material" means silicone gel breast implants, which were implanted prior to July 12, 1992; and chemical substances commonly known as asbestos, dioxins, tobacco, or polychlorinated biphenyls, whether alone or as part of any product; or any substance which is determined to present an unreasonable risk of injury to health or the environment by the United States environmental protection agency pursuant to the federal Toxic Substance Control Act, 15 U.S.C. § 2601 et seq., or by this state, if that risk is regulated by the United States environmental protection agency or this state.

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Iowa Code § 614.2 Death of party to be charged.

In all cases where by the death of the party to be charged, the bringing of an action against the party's estate shall have been delayed beyond the period provided for by statute, the time within which action may be brought against the estate is hereby extended for six months from the date of the death of said decedent.

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April 24, 2012
  Yasmin Washington Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Washington and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Washington and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of Yasmin, and injured women may have a remedy under Washington law for their injury.

Settlement negotiations have begun in Yasmin Washington lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Washington women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Washington statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

Revised Code of Washington

Title 4

Civil procedure

Chapter 4.16

Limitation of actions

RCW 4.16.080 Actions limited to three years.

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

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April 24, 2012
  Yasmin Arizona Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Arizona and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis lawsuits in Arizona and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of Yasmin, and injured women may have a remedy under Arizona law for their injury.

Settlement negotiations have begun in Yasmin Arizona lawsuits for women who developed deep vein thrombosis (DVT)after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

Arizona women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Arizona statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

Ariz. Rev. Stat. Ann. § 12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation.

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.

3. For trespass for injury done to the estate or the property of another.

4. For taking or carrying away the goods and chattels of another.

5. For detaining the personal property of another and for converting such property to one's own use.

6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.

Ariz. Rev. Stat. Ann. § 12-551. Product liability.

A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.

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April 24, 2012
  Yasmin California Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in California and elsewhere who use Yasmin birth control have an increased risk of deep vein thrombosis (DVT). Yasmin deep vein thrombosis (DVT) lawsuits in California and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of Yasmin, and injured women may have a remedy under California law for their injury.

Settlement negotiations have begun in Yasmin California lawsuits for women who developed deep vein thrombosis (DVT) after using Yasmin. If you or a loved one developed a deep vein thrombosis after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of Yasmin.

California women who used Yasmin face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant California statutes governing Yasmin deep vein thrombosis (DVT) lawsuits:

California Code of Civil Procedure Section 335

The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:

California Code of Civil Procedure Section 335.1

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

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April 23, 2012
  Yasmin Colorado Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Colorado and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism (PE) lawsuits in Colorado and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Colorado law for their injury.

Settlement negotiations have begun in Yasmin Colorado lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Colorado women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Colorado statutes governing Yasmin pulmonary embolism (PE) lawsuits:

13-80-101. General limitation of actions - three years.

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;

(b) Repealed.

(c) All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102 (1) (j) or section 13-80-103 (1) (g);

(d) and (e) Repealed.

(f) All actions for breach of trust or breach of fiduciary duty;

(g) All claims under the "Uniform Consumer Credit Code", except section 5-5-201 (5), C.R.S.;

(h) All actions of replevin or for taking, detaining, or converting goods or chattels, except as otherwise provided in section 13-80-103.5;

(i) All actions under the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.;

(j) All actions under part 6 of article 4 of title 10, C.R.S.;

(k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state;

(l) All actions of debt under section 40-30-102, C.R.S.;

(m) All actions for recovery of erroneous or excessive refunds of any tax under section 39-21-102, C.R.S.;

(n) (I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1). (II) The provisions of this paragraph (n) do not apply to any action for strict liability, absolute liability, or failure to instruct or warn governed by the provisions of section 13-80-102 (1) (b) or section 13-80-106.

(o) (I) Repealed. (II) For purposes of this paragraph (o):

(A) "Business" shall have the same meaning as set forth in section 13-21-603 (1).

(B) "Electronic computing device" shall have the same meaning as set forth in section 13-21-603 (2).

(C) Repealed.

(p) Repealed.

13-80-108. When a cause of action accrues.

(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.

(2) A cause of action for wrongful death shall be considered to accrue on the date of death.

(3) A cause of action for fraud, misrepresentation, concealment, or deceit shall be considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is discovered or should have been discovered by the exercise of reasonable diligence.

(4) A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due.

(5) A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account.

(6) A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.

(7) A cause of action for wrongful possession of personal property, goods, or chattels shall accrue at the time the wrongful possession is discovered or should have been discovered by the exercise of reasonable diligence.

(8) A cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.

(9) A cause of action for penalties shall be deemed to accrue when the determination of overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.

(10) A cause of action for recovery of erroneous or excessive refunds of any tax administered under section 39-21-102, C.R.S., shall accrue on the date the department of revenue issues said refund.

(11) A cause of action for a penalty for commission of a class A or a class B traffic infraction, as defined in section 42-4-1701, C.R.S., shall be deemed to accrue on the date the traffic infraction was committed.

(12) A cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of reasonable diligence.

(13) A cause of action by the public employees' retirement association against an employer for unpaid contributions shall accrue on the date the nonpayment of contributions is discovered or should have been discovered by the exercise of reasonable diligence. This subsection (13) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

13-80-106. Limitation of actions against manufacturers or sellers of products.

(1) Notwithstanding any other statutory provisions to the contrary, all actions except those governed by section 4-2-725, C.R.S., brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product shall be brought within two years after the claim for relief arises and not thereafter.

(2) If any person entitled to bring any action mentioned in this section is under the age of eighteen years, mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and is without spouse or natural or legal guardian, such person may bring said action within the time limit specified in this section after the disability is removed. If such person has a legal representative, such person's representative shall bring the action within the period of limitation imposed by this section.

13-80-107. Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment.

(1) (a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.

(b) Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.

(c) The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.

(2) As used in this section, "manufacturing equipment" means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.

(3) The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.

(4) The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.

Continue reading "Yasmin Colorado Pulmonary Embolism Lawsuits" »

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April 23, 2012
  Yasmin Maryland Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Maryland and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism (PE) lawsuits in Maryland and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Maryland law for their injury.

Settlement negotiations have begun in Yasmin Maryland lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism (PE) after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Maryland women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Maryland statutes governing Yasmin pulmonary embolism (PE) lawsuits:

Md. Code Ann., Cts. Jud. Proc. § 5-101. Three-year limitation in general.

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

Continue reading "Yasmin Maryland Pulmonary Embolism Lawsuits" »

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April 23, 2012
  Yasmin Wisconsin Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Wisconsin and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in Wisconsin and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Wisconsin law for their injury.

Settlement negotiations have begun in Yasmin Wisconsin lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism (PE) after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Wisconsin women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Wisconsin statutes governing Yasmin pulmonary embolism (PE) lawsuits:

Wis. Stat. § 893.54.

893.54 Injury to the person. The following actions shall be commenced within 3 years or be barred:

(1) An action to recover damages for injuries to the person.

(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.

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April 22, 2012
  Yasmin North Carolina Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in North Carolina and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in North Carolina and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under North Carolina law for their injury.

Settlement negotiations have begun in Yasmin North Carolina lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

North Carolina women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant North Carolina statutes governing Yasmin pulmonary embolism (PE) lawsuits:

N.C. Gen. Stat. § 1-52. Three years.

Within three years an action ‑

(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1‑53(1).

(1a) Upon the official bond of a public officer.

(2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it.

(3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.

(4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.

(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.

(6) Against the sureties of any executor, administrator, collector or guardian on the official bond of their principal; within three years after the breach thereof complained of.

(7) Against bail; within three years after judgment against the principal; but bail may discharge himself by a surrender of the principal, at any time before final judgment against the bail.

(8) For fees due to a clerk, sheriff or other officer, by the judgment of a court; within three years from the entry of the judgment, or the issuing of the last execution thereon.

(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

(10) Repealed by Session Laws 1977, c. 886, s. 1.

(11) For the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, said act being an act of Congress.

(12) Upon a claim for loss covered by an insurance policy that is subject to the three‑year limitation contained in G.S. 58‑44‑16.

(13) Against a public officer, for a trespass, under color of his office.

(14) An action under Chapter 75B of the General Statutes, the action in regard to a continuing violation accrues at the time of the latest violation.

(15) For the recovery of taxes paid as provided in G.S. 105‑381.

(16) Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1‑15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.

(17) Against a public utility, electric or telephone membership corporation, or a municipality for damages or for compensation for right‑of‑way or use of any lands for a utility service line or lines to serve one or more customers or members unless an inverse condemnation action or proceeding is commenced within three years after the utility service line has been constructed or by October 1, 1984, whichever is later.

(18) Against any registered land surveyor as defined in G.S. 89C‑3(9) or any person acting under his supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting as defined in G.S. 1‑47(6).

(19) For assault, battery, or false imprisonment.

(20) Upon a liability for a civil penalty, civil assessment, or civil fine imposed pursuant to Chapter 20 of the General Statutes.

N.C. Gen. Stat. § 1-53. Two years.

Within two years ‑

(1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. Unless otherwise provided by law, if the preceding sentence of this subsection would bar commencement of a cause of action arising out of a contract to improve real property: (i) such an action may be brought no later than 90 days after substantial completion, provided proper notice of the claim has been given if required by contract, or (ii) if prior to substantial completion the contract was terminated by either party, such an action may be brought no later than 90 days after the date of termination of the contract. As used in this subdivision, "substantial completion" has the same meaning as in G.S. 1‑50(a)(5)c. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article.

(2) An action to recover the penalty for usury, including an action regarding the financing of usurious points, usurious fees, or other usurious charges; the two‑year period shall accrue with each payment made and accepted on the loan.

(3) The forfeiture of all interest for usury.

(4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A‑18‑2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1‑15(c) or 1‑52(16), no action for his death may be brought.

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April 22, 2012
  Yasmin Georgia Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Georgia and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in Georgia and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Georgia law for their injury.

Settlement negotiations have begun in Yasmin Georgia lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Georgia women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Georgia statutes governing Yasmin pulmonary embolism (PE) lawsuits:

O.C.G.A. § 9-3-33. Injuries to the person; injuries to reputation; loss of consortium; exception

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

O.C.G.A. § 51-1-11. When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected

(a) Except as otherwise provided in this Code section, no privity is necessary to support a tort action; but, if the tort results from the violation of a duty which is itself the consequence of a contract, the right of action is confined to the parties and those in privity to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 11-2-318.

(b) (1) The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.

(2) No action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.

(3) A manufacturer may not exclude or limit the operation of this subsection.

(c) The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negligence of a manufacturer as the basis of liability, except an action seeking to recover from a manufacturer for injuries or damages arising out of the negligence of such manufacturer in manufacturing products which cause a disease or birth defect, or arising out of conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from use of a product once that danger becomes known to the manufacturer.

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April 22, 2012
  Yasmin Massachusetts Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Massachusetts and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in Massachusetts and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Massachusetts law for their injury.

Settlement negotiations have begun in Yasmin Massachusetts lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Massachusetts women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Massachusetts statutes governing Yasmin pulmonary embolism lawsuits:

CHAPTER 260. LIMITATIONS OF ACTION

Section 2A. Tort, contract to recover for personal injuries, and replevin actions.

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.

Section 4. Certain tort or contract actions for malpractice, error or mistake

Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.

Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

For the purposes only of this section, an officer or soldier of the military forces of the commonwealth, as defined in chapter thirty-three, shall while performing any lawfully ordered military duty be deemed to be an officer or employee of the commonwealth.

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April 21, 2012
  Yasmin Pennsylvania Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Pennsylvania and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in Pennsylvania and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Pennsylvania law for their injury.

Settlement negotiations have begun in Yasmin Pennsylvania lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Pennsylvania women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Pennsylvania statutes governing Yasmin pulmonary embolism lawsuits:

42 Pa. Cons. Stat. Ann. § 5524. Two year limitation.

The following actions and proceedings must be commenced within two years:

(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

(4) An action for waste or trespass of real property.

(5) An action upon a statute for a civil penalty or forfeiture.

(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.

(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

(8) (Deleted by amendment).

Continue reading "Yasmin Pennsylvania Pulmonary Embolism Lawsuits" »

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April 21, 2012
  Yasmin Illinois Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Illinois and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism (PE) lawsuits in Illinois and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Illinois law for their injury.

Settlement negotiations have begun in Yasmin Illinois lawsuits for women who developed a pulmonary embolism after using Yasmin. If you or a loved one developed a pulmonary embolism after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Illinois women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Illinois statutes governing Yasmin pulmonary embolism lawsuits:

Illinois Statute, 735 ILCS 5/13‑202:

Sec. 13‑202. Personal injury ‑ Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2‑year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.

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April 21, 2012
  Yasmin Ohio Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Ohio and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in Ohio and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Ohio law for their injury.

Settlement negotiations have begun in Yasmin Ohio lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism (PE) after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Ohio women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Ohio statutes governing Yasmin pulmonary embolism lawsuits:

Ohio Rev. Code § 2305.10(A) & (B):

2305.10 Bodily injury or injury to personal property.

(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.

(B)(1) For purposes of division (A) of this section, a cause of action for bodily injury that is not described in division (B)(2), (3), (4), or (5) of this section and that is caused by exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical devices accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(2) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to chromium in any of its chemical forms accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(3) For purposes of division (A) of this section, a cause of action for bodily injury incurred by a veteran through exposure to chemical defoliants or herbicides or other causative agents, including agent orange, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(4) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens, including exposure before birth, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(5) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to asbestos accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

* * *

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April 20, 2012
  Yasmin Oregon Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Oregon and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in Oregon and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Oregon law for their injury.

Settlement negotiations have begun in Yasmin Oregon lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism (PE) caused by the use of Yasmin.

Oregon women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Oregon statutes governing Yasmin pulmonary embolism lawsuits:

Or. Rev. Stat. § 30.905(1)

30.905 Time limitation for commencement of action. (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

(2) A product liability civil action for personal injury or property damage must be commenced before the later of:

(a) Ten years after the date on which the product was first purchased for use or consumption; or

(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

(4) A product liability civil action for death must be commenced before the earlier of:

(a) Three years after the death of the decedent;

(b) Ten years after the date on which the product was first purchased for use or consumption; or

(c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135.

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April 20, 2012
  Yasmin Iowa Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Iowa and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in Iowa and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Iowa law for their injury.

Settlement negotiations have begun in Yasmin Iowa lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism (PE) after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Iowa women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Iowa statutes governing Yasmin pulmonary embolism lawsuits:

Iowa Code § 614.1. Period.

Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:

* * *

2. Injuries to person or reputation -- relative rights -- statute penalty. Those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty, within two years.

2A. With respect to products.

a. Those founded on the death of a person or injuries to the person or property brought against the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of a product based upon an alleged defect in the design, inspection, testing, manufacturing, formulation, marketing, packaging, warning, labeling of the product, or any other alleged defect or failure of whatever nature or kind, based on the theories of strict liability in tort, negligence, or breach of an implied warranty shall not be commenced more than fifteen years after the product was first purchased, leased, bailed, or installed for use or consumption unless expressly warranted for a longer period of time by the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product. This subsection shall not affect the time during which a person found liable may seek and obtain contribution or indemnity from another person whose actual fault caused a product to be defective. This subsection shall not apply if the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product intentionally misrepresents facts about the product or fraudulently conceals information about the product and that conduct was a substantial cause of the claimant's harm.

b. (1) The fifteen-year limitation in paragraph "a" shall not apply to the time period in which to discover a disease that is latent and caused by exposure to a harmful material, in which event the cause of action shall be deemed to have accrued when the disease and such disease's cause have been made known to the person or at the point the person should have been aware of the disease and such disease's cause. This subsection shall not apply to cases governed by subsection 11 of this section.

(2) As used in this paragraph, "harmful material" means silicone gel breast implants, which were implanted prior to July 12, 1992; and chemical substances commonly known as asbestos, dioxins, tobacco, or polychlorinated biphenyls, whether alone or as part of any product; or any substance which is determined to present an unreasonable risk of injury to health or the environment by the United States environmental protection agency pursuant to the federal Toxic Substance Control Act, 15 U.S.C. § 2601 et seq., or by this state, if that risk is regulated by the United States environmental protection agency or this state.

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Iowa Code § 614.2 Death of party to be charged.

In all cases where by the death of the party to be charged, the bringing of an action against the party's estate shall have been delayed beyond the period provided for by statute, the time within which action may be brought against the estate is hereby extended for six months from the date of the death of said decedent.

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April 20, 2012
  Yasmin Washington Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Washington and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in Washington and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Washington law for their injury.

Settlement negotiations have begun in Yasmin Washington lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism (PE) after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Washington women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Washington statutes governing Yasmin pulmonary embolism lawsuits:

Revised Code of Washington

Title 4

Civil procedure

Chapter 4.16

Limitation of actions

RCW 4.16.080 Actions limited to three years.

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

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April 19, 2012
  Yasmin Arizona Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Arizona and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in Arizona and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under Arizona law for their injury.

Settlement negotiations have begun in Yasmin Arizona lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism (PE) after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

Arizona women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Arizona statutes governing Yasmin pulmonary embolism lawsuits:

Ariz. Rev. Stat. Ann. § 12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation.

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.

3. For trespass for injury done to the estate or the property of another.

4. For taking or carrying away the goods and chattels of another.

5. For detaining the personal property of another and for converting such property to one's own use.

6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.

Ariz. Rev. Stat. Ann. § 12-551. Product liability.

A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.

Continue reading "Yasmin Arizona Pulmonary Embolism Lawsuits" »

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April 19, 2012
  Yasmin California Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in California and elsewhere who use Yasmin birth control have an increased risk of pulmonary embolism (PE). Yasmin pulmonary embolism lawsuits in California and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that pulmonary embolisms were a side effect of Yasmin, and injured women may have a remedy under California law for their injury.

Settlement negotiations have begun in Yasmin California lawsuits for women who developed a pulmonary embolism (PE) after using Yasmin. If you or a loved one developed a pulmonary embolism (PE) after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of Yasmin.

California women who used Yasmin face deadlines for seeking compensation for a pulmonary embolism (PE) and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant California statutes governing Yasmin pulmonary embolism lawsuits:

California Code of Civil Procedure Section 335

The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:

California Code of Civil Procedure Section 335.1

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Continue reading "Yasmin California Pulmonary Embolism Lawsuits" »

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April 19, 2012
  Yasmin Colorado Blood Clot Lawsuits
Posted By DeCarli Law

Women in Colorado and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Colorado and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Colorado law for their injury.

Settlement negotiations have begun in Yasmin Colorado lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Colorado women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Colorado statutes governing Yasmin blood clot lawsuits:

13-80-101. General limitation of actions - three years.

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;

(b) Repealed.

(c) All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102 (1) (j) or section 13-80-103 (1) (g);

(d) and (e) Repealed.

(f) All actions for breach of trust or breach of fiduciary duty;

(g) All claims under the "Uniform Consumer Credit Code", except section 5-5-201 (5), C.R.S.;

(h) All actions of replevin or for taking, detaining, or converting goods or chattels, except as otherwise provided in section 13-80-103.5;

(i) All actions under the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.;

(j) All actions under part 6 of article 4 of title 10, C.R.S.;

(k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state;

(l) All actions of debt under section 40-30-102, C.R.S.;

(m) All actions for recovery of erroneous or excessive refunds of any tax under section 39-21-102, C.R.S.;

(n) (I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1). (II) The provisions of this paragraph (n) do not apply to any action for strict liability, absolute liability, or failure to instruct or warn governed by the provisions of section 13-80-102 (1) (b) or section 13-80-106.

(o) (I) Repealed. (II) For purposes of this paragraph (o):

(A) "Business" shall have the same meaning as set forth in section 13-21-603 (1).

(B) "Electronic computing device" shall have the same meaning as set forth in section 13-21-603 (2).

(C) Repealed.

(p) Repealed.

13-80-108. When a cause of action accrues.

(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.

(2) A cause of action for wrongful death shall be considered to accrue on the date of death.

(3) A cause of action for fraud, misrepresentation, concealment, or deceit shall be considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is discovered or should have been discovered by the exercise of reasonable diligence.

(4) A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due.

(5) A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account.

(6) A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.

(7) A cause of action for wrongful possession of personal property, goods, or chattels shall accrue at the time the wrongful possession is discovered or should have been discovered by the exercise of reasonable diligence.

(8) A cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.

(9) A cause of action for penalties shall be deemed to accrue when the determination of overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.

(10) A cause of action for recovery of erroneous or excessive refunds of any tax administered under section 39-21-102, C.R.S., shall accrue on the date the department of revenue issues said refund.

(11) A cause of action for a penalty for commission of a class A or a class B traffic infraction, as defined in section 42-4-1701, C.R.S., shall be deemed to accrue on the date the traffic infraction was committed.

(12) A cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of reasonable diligence.

(13) A cause of action by the public employees' retirement association against an employer for unpaid contributions shall accrue on the date the nonpayment of contributions is discovered or should have been discovered by the exercise of reasonable diligence. This subsection (13) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

13-80-106. Limitation of actions against manufacturers or sellers of products.

(1) Notwithstanding any other statutory provisions to the contrary, all actions except those governed by section 4-2-725, C.R.S., brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product shall be brought within two years after the claim for relief arises and not thereafter.

(2) If any person entitled to bring any action mentioned in this section is under the age of eighteen years, mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and is without spouse or natural or legal guardian, such person may bring said action within the time limit specified in this section after the disability is removed. If such person has a legal representative, such person's representative shall bring the action within the period of limitation imposed by this section.

13-80-107. Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment.

(1) (a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.

(b) Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.

(c) The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.

(2) As used in this section, "manufacturing equipment" means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.

(3) The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.

(4) The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.

Continue reading "Yasmin Colorado Blood Clot Lawsuits" »

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April 18, 2012
  Yasmin North Carolina Blood Clot Lawsuits
Posted By DeCarli Law

Women in North Carolina and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in North Carolina and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under North Carolina law for their injury.

Settlement negotiations have begun in Yasmin North Carolina lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

North Carolina women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant North Carolina statutes governing Yasmin blood clot lawsuits:

N.C. Gen. Stat. § 1-52. Three years.

Within three years an action ‑

(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1‑53(1).

(1a) Upon the official bond of a public officer.

(2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it.

(3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.

(4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.

(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.

(6) Against the sureties of any executor, administrator, collector or guardian on the official bond of their principal; within three years after the breach thereof complained of.

(7) Against bail; within three years after judgment against the principal; but bail may discharge himself by a surrender of the principal, at any time before final judgment against the bail.

(8) For fees due to a clerk, sheriff or other officer, by the judgment of a court; within three years from the entry of the judgment, or the issuing of the last execution thereon.

(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

(10) Repealed by Session Laws 1977, c. 886, s. 1.

(11) For the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, said act being an act of Congress.

(12) Upon a claim for loss covered by an insurance policy that is subject to the three‑year limitation contained in G.S. 58‑44‑16.

(13) Against a public officer, for a trespass, under color of his office.

(14) An action under Chapter 75B of the General Statutes, the action in regard to a continuing violation accrues at the time of the latest violation.

(15) For the recovery of taxes paid as provided in G.S. 105‑381.

(16) Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1‑15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.

(17) Against a public utility, electric or telephone membership corporation, or a municipality for damages or for compensation for right‑of‑way or use of any lands for a utility service line or lines to serve one or more customers or members unless an inverse condemnation action or proceeding is commenced within three years after the utility service line has been constructed or by October 1, 1984, whichever is later.

(18) Against any registered land surveyor as defined in G.S. 89C‑3(9) or any person acting under his supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting as defined in G.S. 1‑47(6).

(19) For assault, battery, or false imprisonment.

(20) Upon a liability for a civil penalty, civil assessment, or civil fine imposed pursuant to Chapter 20 of the General Statutes.

N.C. Gen. Stat. § 1-53. Two years.

Within two years ‑

(1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. Unless otherwise provided by law, if the preceding sentence of this subsection would bar commencement of a cause of action arising out of a contract to improve real property: (i) such an action may be brought no later than 90 days after substantial completion, provided proper notice of the claim has been given if required by contract, or (ii) if prior to substantial completion the contract was terminated by either party, such an action may be brought no later than 90 days after the date of termination of the contract. As used in this subdivision, "substantial completion" has the same meaning as in G.S. 1‑50(a)(5)c. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article.

(2) An action to recover the penalty for usury, including an action regarding the financing of usurious points, usurious fees, or other usurious charges; the two‑year period shall accrue with each payment made and accepted on the loan.

(3) The forfeiture of all interest for usury.

(4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A‑18‑2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1‑15(c) or 1‑52(16), no action for his death may be brought.

Continue reading "Yasmin North Carolina Blood Clot Lawsuits" »

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April 18, 2012
  Yasmin Maryland Blood Clot Lawsuits
Posted By DeCarli Law

Women in Maryland and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Maryland and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Maryland law for their injury.

Settlement negotiations have begun in Yasmin Maryland lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Maryland women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Maryland statutes governing Yasmin blood clot lawsuits:

Md. Code Ann., Cts. Jud. Proc. § 5-101. Three-year limitation in general.

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

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April 18, 2012
  Yasmin Wisconsin Blood Clot Lawsuits
Posted By DeCarli Law

Women in Wisconsin and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Wisconsin and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Wisconsin law for their injury.

Settlement negotiations have begun in Yasmin Wisconsin lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Wisconsin women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Wisconsin statutes governing Yasmin blood clot lawsuits:

Wis. Stat. § 893.54.

893.54 Injury to the person. The following actions shall be commenced within 3 years or be barred:

(1) An action to recover damages for injuries to the person.

(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.

Continue reading "Yasmin Wisconsin Blood Clot Lawsuits" »

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April 17, 2012
  Yasmin Georgia Blood Clot Lawsuits
Posted By DeCarli Law

Women in Georgia and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Georgia and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Georgia law for their injury.

Settlement negotiations have begun in Yasmin Georgia lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Georgia women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Georgia statutes governing Yasmin blood clot lawsuits:

O.C.G.A. § 9-3-33. Injuries to the person; injuries to reputation; loss of consortium; exception

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

O.C.G.A. § 51-1-11. When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected

(a) Except as otherwise provided in this Code section, no privity is necessary to support a tort action; but, if the tort results from the violation of a duty which is itself the consequence of a contract, the right of action is confined to the parties and those in privity to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 11-2-318.

(b) (1) The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.

(2) No action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.

(3) A manufacturer may not exclude or limit the operation of this subsection.

(c) The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negligence of a manufacturer as the basis of liability, except an action seeking to recover from a manufacturer for injuries or damages arising out of the negligence of such manufacturer in manufacturing products which cause a disease or birth defect, or arising out of conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from use of a product once that danger becomes known to the manufacturer.

Continue reading "Yasmin Georgia Blood Clot Lawsuits" »

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April 17, 2012
  Yasmin Massachusetts Blood Clot Lawsuits
Posted By DeCarli Law

Women in Massachusetts and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Massachusetts and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Massachusetts law for their injury.

Settlement negotiations have begun in Yasmin Massachusetts lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Massachusetts women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Massachusetts statutes governing Yasmin blood clot lawsuits:

CHAPTER 260. LIMITATIONS OF ACTION

Section 2A. Tort, contract to recover for personal injuries, and replevin actions.

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.

Section 4. Certain tort or contract actions for malpractice, error or mistake

Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.

Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

For the purposes only of this section, an officer or soldier of the military forces of the commonwealth, as defined in chapter thirty-three, shall while performing any lawfully ordered military duty be deemed to be an officer or employee of the commonwealth.

Continue reading "Yasmin Massachusetts Blood Clot Lawsuits" »

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April 17, 2012
  Yasmin Pennsylvania Blood Clot Lawsuits
Posted By DeCarli Law

Women in Pennsylvania and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Pennsylvania and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Pennsylvania law for their injury.

Settlement negotiations have begun in Yasmin Pennsylvania lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Pennsylvania women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

GoHERE to learn more about the dangers of Yasmin.

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Relevant Pennsylvania statutes governing Yasmin blood clot lawsuits:

42 Pa. Cons. Stat. Ann. § 5524. Two year limitation.

The following actions and proceedings must be commenced within two years:

(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

(4) An action for waste or trespass of real property.

(5) An action upon a statute for a civil penalty or forfeiture.

(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.

(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

(8) (Deleted by amendment).

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April 16, 2012
  Yasmin Illinois Blood Clot Lawsuits
Posted By DeCarli Law

Women in Illinois and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Illinois and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Illinois law for their injury.

Settlement negotiations have begun in Yasmin Illinois lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Illinois women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Illinois statutes governing Yasmin blood clot lawsuits:

Illinois Statute, 735 ILCS 5/13‑202:

Sec. 13‑202. Personal injury ‑ Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2‑year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.

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April 16, 2012
  Yasmin Ohio Blood Clot Lawsuits
Posted By DeCarli Law

Women in Ohio and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Ohio and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Ohio law for their injury.

Settlement negotiations have begun in Yasmin Ohio lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Ohio women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Ohio statutes governing Yasmin blood clot lawsuits:

Ohio Rev. Code § 2305.10(A) & (B):

2305.10 Bodily injury or injury to personal property.

(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.

(B)(1) For purposes of division (A) of this section, a cause of action for bodily injury that is not described in division (B)(2), (3), (4), or (5) of this section and that is caused by exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical devices accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(2) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to chromium in any of its chemical forms accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(3) For purposes of division (A) of this section, a cause of action for bodily injury incurred by a veteran through exposure to chemical defoliants or herbicides or other causative agents, including agent orange, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(4) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens, including exposure before birth, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(5) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to asbestos accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

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April 16, 2012
  Yasmin Oregon Blood Clot Lawsuits
Posted By DeCarli Law

Women in Oregon and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Oregon and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Oregon law for their injury.

Settlement negotiations have begun in Yasmin Oregon lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Oregon women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Oregon statutes governing Yasmin blood clot lawsuits:

Or. Rev. Stat. § 30.905(1)

30.905 Time limitation for commencement of action. (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

(2) A product liability civil action for personal injury or property damage must be commenced before the later of:

(a) Ten years after the date on which the product was first purchased for use or consumption; or

(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

(4) A product liability civil action for death must be commenced before the earlier of:

(a) Three years after the death of the decedent;

(b) Ten years after the date on which the product was first purchased for use or consumption; or

(c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135.

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April 15, 2012
  Yasmin Iowa Blood Clot Lawsuits
Posted By DeCarli Law

Women in Iowa and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Iowa and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Iowa law for their injury.

Settlement negotiations have begun in Yasmin Iowa lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Iowa women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Iowa statutes governing Yasmin blood clot lawsuits:

Iowa Code § 614.1. Period.

Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:

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2. Injuries to person or reputation -- relative rights -- statute penalty. Those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty, within two years.

2A. With respect to products.

a. Those founded on the death of a person or injuries to the person or property brought against the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of a product based upon an alleged defect in the design, inspection, testing, manufacturing, formulation, marketing, packaging, warning, labeling of the product, or any other alleged defect or failure of whatever nature or kind, based on the theories of strict liability in tort, negligence, or breach of an implied warranty shall not be commenced more than fifteen years after the product was first purchased, leased, bailed, or installed for use or consumption unless expressly warranted for a longer period of time by the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product. This subsection shall not affect the time during which a person found liable may seek and obtain contribution or indemnity from another person whose actual fault caused a product to be defective. This subsection shall not apply if the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product intentionally misrepresents facts about the product or fraudulently conceals information about the product and that conduct was a substantial cause of the claimant's harm.

b. (1) The fifteen-year limitation in paragraph "a" shall not apply to the time period in which to discover a disease that is latent and caused by exposure to a harmful material, in which event the cause of action shall be deemed to have accrued when the disease and such disease's cause have been made known to the person or at the point the person should have been aware of the disease and such disease's cause. This subsection shall not apply to cases governed by subsection 11 of this section.

(2) As used in this paragraph, "harmful material" means silicone gel breast implants, which were implanted prior to July 12, 1992; and chemical substances commonly known as asbestos, dioxins, tobacco, or polychlorinated biphenyls, whether alone or as part of any product; or any substance which is determined to present an unreasonable risk of injury to health or the environment by the United States environmental protection agency pursuant to the federal Toxic Substance Control Act, 15 U.S.C. § 2601 et seq., or by this state, if that risk is regulated by the United States environmental protection agency or this state.

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Iowa Code § 614.2 Death of party to be charged.

In all cases where by the death of the party to be charged, the bringing of an action against the party's estate shall have been delayed beyond the period provided for by statute, the time within which action may be brought against the estate is hereby extended for six months from the date of the death of said decedent.

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April 14, 2012
  Yasmin Washington Blood Clot Lawsuits
Posted By DeCarli Law

Women in Washington and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Washington and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Washington law for their injury.

Settlement negotiations have begun in Yasmin Washington lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Washington women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Washington statutes governing Yasmin blood clot lawsuits:

Revised Code of Washington

Title 4

Civil procedure

Chapter 4.16

Limitation of actions

RCW 4.16.080 Actions limited to three years.

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

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April 14, 2012
  Yasmin Arizona Blood Clot Lawsuits
Posted By DeCarli Law

Women in Arizona and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in Arizona and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under Arizona law for their injury.

Settlement negotiations have begun in Yasmin Arizona lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

Arizona women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant Arizona statutes governing Yasmin blood clot lawsuits:

Ariz. Rev. Stat. Ann. § 12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation.

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.

3. For trespass for injury done to the estate or the property of another.

4. For taking or carrying away the goods and chattels of another.

5. For detaining the personal property of another and for converting such property to one's own use.

6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.

Ariz. Rev. Stat. Ann. § 12-551. Product liability.

A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.

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April 14, 2012
  Yasmin California Blood Clot Lawsuits
Posted By DeCarli Law

Women in California and elsewhere who use Yasmin birth control have an increased risk of blood clots. Yasmin blood clot lawsuits in California and elsewhere have been filed against Bayer, the manufacturer of Yasmin. Bayer should have warned women that blood clots were a side effect of Yasmin, and injured women may have a remedy under California law for their injury.

Settlement negotiations have begun in Yasmin California lawsuits for women who developed blood clots after using Yasmin. If you or a loved one developed a blood clot after using Yasmin, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of Yasmin.

California women who used Yasmin face deadlines for seeking compensation for blood clots and other Yasmin injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of Yasmin.

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Relevant California statutes governing Yasmin blood clot lawsuits:

California Code of Civil Procedure Section 335

The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:

California Code of Civil Procedure Section 335.1

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

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April 13, 2012
  YAZ Maryland Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Maryland and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Maryland and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Maryland law for their injury.

Settlement negotiations have begun in YAZ Maryland lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis (DVT) after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Maryland women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Maryland statutes governing YAZ pulmonary embolism lawsuits:

Md. Code Ann., Cts. Jud. Proc. § 5-101. Three-year limitation in general.

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

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April 13, 2012
  YAZ Colorado Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Colorado and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Colorado and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Colorado law for their injury.

Settlement negotiations have begun in YAZ Colorado lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis (DVT) after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis (DVT) caused by the use of YAZ.

Colorado women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Colorado statutes governing YAZ pulmonary embolism lawsuits:

13-80-101. General limitation of actions - three years.

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;

(b) Repealed.

(c) All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102 (1) (j) or section 13-80-103 (1) (g);

(d) and (e) Repealed.

(f) All actions for breach of trust or breach of fiduciary duty;

(g) All claims under the "Uniform Consumer Credit Code", except section 5-5-201 (5), C.R.S.;

(h) All actions of replevin or for taking, detaining, or converting goods or chattels, except as otherwise provided in section 13-80-103.5;

(i) All actions under the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.;

(j) All actions under part 6 of article 4 of title 10, C.R.S.;

(k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state;

(l) All actions of debt under section 40-30-102, C.R.S.;

(m) All actions for recovery of erroneous or excessive refunds of any tax under section 39-21-102, C.R.S.;

(n) (I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1). (II) The provisions of this paragraph (n) do not apply to any action for strict liability, absolute liability, or failure to instruct or warn governed by the provisions of section 13-80-102 (1) (b) or section 13-80-106.

(o) (I) Repealed. (II) For purposes of this paragraph (o):

(A) "Business" shall have the same meaning as set forth in section 13-21-603 (1).

(B) "Electronic computing device" shall have the same meaning as set forth in section 13-21-603 (2).

(C) Repealed.

(p) Repealed.

13-80-108. When a cause of action accrues.

(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.

(2) A cause of action for wrongful death shall be considered to accrue on the date of death.

(3) A cause of action for fraud, misrepresentation, concealment, or deceit shall be considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is discovered or should have been discovered by the exercise of reasonable diligence.

(4) A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due.

(5) A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account.

(6) A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.

(7) A cause of action for wrongful possession of personal property, goods, or chattels shall accrue at the time the wrongful possession is discovered or should have been discovered by the exercise of reasonable diligence.

(8) A cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.

(9) A cause of action for penalties shall be deemed to accrue when the determination of overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.

(10) A cause of action for recovery of erroneous or excessive refunds of any tax administered under section 39-21-102, C.R.S., shall accrue on the date the department of revenue issues said refund.

(11) A cause of action for a penalty for commission of a class A or a class B traffic infraction, as defined in section 42-4-1701, C.R.S., shall be deemed to accrue on the date the traffic infraction was committed.

(12) A cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of reasonable diligence.

(13) A cause of action by the public employees' retirement association against an employer for unpaid contributions shall accrue on the date the nonpayment of contributions is discovered or should have been discovered by the exercise of reasonable diligence. This subsection (13) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

13-80-106. Limitation of actions against manufacturers or sellers of products.

(1) Notwithstanding any other statutory provisions to the contrary, all actions except those governed by section 4-2-725, C.R.S., brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product shall be brought within two years after the claim for relief arises and not thereafter.

(2) If any person entitled to bring any action mentioned in this section is under the age of eighteen years, mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and is without spouse or natural or legal guardian, such person may bring said action within the time limit specified in this section after the disability is removed. If such person has a legal representative, such person's representative shall bring the action within the period of limitation imposed by this section.

13-80-107. Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment.

(1) (a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.

(b) Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.

(c) The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.

(2) As used in this section, "manufacturing equipment" means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.

(3) The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.

(4) The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.

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April 12, 2012
  YAZ Wisconsin Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Wisconsin and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Wisconsin and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Wisconsin law for their injury.

Settlement negotiations have begun in YAZ Wisconsin lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis (DVT) after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Wisconsin women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Wisconsin statutes governing YAZ pulmonary embolism lawsuits:

Wis. Stat. § 893.54.

893.54 Injury to the person. The following actions shall be commenced within 3 years or be barred:

(1) An action to recover damages for injuries to the person.

(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.

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April 12, 2012
  YAZ North Carolina Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in North Carolina and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in North Carolina and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under North Carolina law for their injury.

Settlement negotiations have begun in YAZ North Carolina lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

North Carolina women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant North Carolina statutes governing YAZ pulmonary embolism lawsuits:

N.C. Gen. Stat. § 1-52. Three years.

Within three years an action ‑

(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1‑53(1).

(1a) Upon the official bond of a public officer.

(2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it.

(3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.

(4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.

(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.

(6) Against the sureties of any executor, administrator, collector or guardian on the official bond of their principal; within three years after the breach thereof complained of.

(7) Against bail; within three years after judgment against the principal; but bail may discharge himself by a surrender of the principal, at any time before final judgment against the bail.

(8) For fees due to a clerk, sheriff or other officer, by the judgment of a court; within three years from the entry of the judgment, or the issuing of the last execution thereon.

(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

(10) Repealed by Session Laws 1977, c. 886, s. 1.

(11) For the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, said act being an act of Congress.

(12) Upon a claim for loss covered by an insurance policy that is subject to the three‑year limitation contained in G.S. 58‑44‑16.

(13) Against a public officer, for a trespass, under color of his office.

(14) An action under Chapter 75B of the General Statutes, the action in regard to a continuing violation accrues at the time of the latest violation.

(15) For the recovery of taxes paid as provided in G.S. 105‑381.

(16) Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1‑15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.

(17) Against a public utility, electric or telephone membership corporation, or a municipality for damages or for compensation for right‑of‑way or use of any lands for a utility service line or lines to serve one or more customers or members unless an inverse condemnation action or proceeding is commenced within three years after the utility service line has been constructed or by October 1, 1984, whichever is later.

(18) Against any registered land surveyor as defined in G.S. 89C‑3(9) or any person acting under his supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting as defined in G.S. 1‑47(6).

(19) For assault, battery, or false imprisonment.

(20) Upon a liability for a civil penalty, civil assessment, or civil fine imposed pursuant to Chapter 20 of the General Statutes.

N.C. Gen. Stat. § 1-53. Two years.

Within two years ‑

(1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. Unless otherwise provided by law, if the preceding sentence of this subsection would bar commencement of a cause of action arising out of a contract to improve real property: (i) such an action may be brought no later than 90 days after substantial completion, provided proper notice of the claim has been given if required by contract, or (ii) if prior to substantial completion the contract was terminated by either party, such an action may be brought no later than 90 days after the date of termination of the contract. As used in this subdivision, "substantial completion" has the same meaning as in G.S. 1‑50(a)(5)c. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article.

(2) An action to recover the penalty for usury, including an action regarding the financing of usurious points, usurious fees, or other usurious charges; the two‑year period shall accrue with each payment made and accepted on the loan.

(3) The forfeiture of all interest for usury.

(4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A‑18‑2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1‑15(c) or 1‑52(16), no action for his death may be brought.

Continue reading "YAZ North Carolina Deep Vein Thrombosis Lawsuits" »

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April 12, 2012
  YAZ Georgia Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Georgia and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Georgia and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Georgia law for their injury.

Settlement negotiations have begun in YAZ Georgia lawsuits for women who developed deep vein thrombosis (DVT)after using YAZ. If you or a loved one developed a deep vein thrombosis after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Georgia women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Georgia statutes governing YAZ pulmonary embolism lawsuits:

O.C.G.A. § 9-3-33. Injuries to the person; injuries to reputation; loss of consortium; exception

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

O.C.G.A. § 51-1-11. When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected

(a) Except as otherwise provided in this Code section, no privity is necessary to support a tort action; but, if the tort results from the violation of a duty which is itself the consequence of a contract, the right of action is confined to the parties and those in privity to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 11-2-318.

(b) (1) The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.

(2) No action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.

(3) A manufacturer may not exclude or limit the operation of this subsection.

(c) The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negligence of a manufacturer as the basis of liability, except an action seeking to recover from a manufacturer for injuries or damages arising out of the negligence of such manufacturer in manufacturing products which cause a disease or birth defect, or arising out of conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from use of a product once that danger becomes known to the manufacturer.

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April 11, 2012
  YAZ Massachusetts Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Massachusetts and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Massachusetts and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Massachusetts law for their injury.

Settlement negotiations have begun in YAZ Massachusetts lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Massachusetts women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Massachusetts statutes governing YAZ pulmonary embolism lawsuits:

CHAPTER 260. LIMITATIONS OF ACTION

Section 2A. Tort, contract to recover for personal injuries, and replevin actions.

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.

Section 4. Certain tort or contract actions for malpractice, error or mistake

Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.

Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

For the purposes only of this section, an officer or soldier of the military forces of the commonwealth, as defined in chapter thirty-three, shall while performing any lawfully ordered military duty be deemed to be an officer or employee of the commonwealth.

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April 11, 2012
  YAZ Pennsylvania Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Pennsylvania and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Pennsylvania and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Pennsylvania law for their injury.

Settlement negotiations have begun in YAZ Pennsylvania lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Pennsylvania women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Pennsylvania statutes governing YAZ pulmonary embolism lawsuits:

42 Pa. Cons. Stat. Ann. § 5524. Two year limitation.

The following actions and proceedings must be commenced within two years:

(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

(4) An action for waste or trespass of real property.

(5) An action upon a statute for a civil penalty or forfeiture.

(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.

(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

(8) (Deleted by amendment).

Continue reading "YAZ Pennsylvania Deep Vein Thrombosis Lawsuits" »

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April 11, 2012
  YAZ Illinois Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Illinois and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Illinois and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Illinois law for their injury.

Settlement negotiations have begun in YAZ Illinois lawsuits for women who developed deep vein thrombosis after using YAZ. If you or a loved one developed a deep vein thrombosis (DVT) after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Illinois women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Illinois statutes governing YAZ pulmonary embolism lawsuits:

Illinois Statute, 735 ILCS 5/13‑202:

Sec. 13‑202. Personal injury ‑ Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2‑year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.

Continue reading "YAZ Illinois Deep Vein Thrombosis Lawsuits" »

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April 10, 2012
  YAZ Oregon Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Oregon and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Oregon and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Oregon law for their injury.

Settlement negotiations have begun in YAZ Oregon lawsuits for women who developed deep vein thrombosis after using YAZ. If you or a loved one developed a deep vein thrombosis after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Oregon women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Oregon statutes governing YAZ pulmonary embolism lawsuits:

Or. Rev. Stat. § 30.905(1)

30.905 Time limitation for commencement of action. (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

(2) A product liability civil action for personal injury or property damage must be commenced before the later of:

(a) Ten years after the date on which the product was first purchased for use or consumption; or

(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

(4) A product liability civil action for death must be commenced before the earlier of:

(a) Three years after the death of the decedent;

(b) Ten years after the date on which the product was first purchased for use or consumption; or

(c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135.

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April 10, 2012
  YAZ Iowa Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Iowa and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Iowa and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Iowa law for their injury.

Settlement negotiations have begun in YAZ Iowa lawsuits for women who developed deep vein thrombosis after using YAZ. If you or a loved one developed a deep vein thrombosis (DVT) after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Iowa women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Iowa statutes governing YAZ pulmonary embolism lawsuits:

Iowa Code § 614.1. Period.

Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:

* * *

2. Injuries to person or reputation -- relative rights -- statute penalty. Those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty, within two years.

2A. With respect to products.

a. Those founded on the death of a person or injuries to the person or property brought against the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of a product based upon an alleged defect in the design, inspection, testing, manufacturing, formulation, marketing, packaging, warning, labeling of the product, or any other alleged defect or failure of whatever nature or kind, based on the theories of strict liability in tort, negligence, or breach of an implied warranty shall not be commenced more than fifteen years after the product was first purchased, leased, bailed, or installed for use or consumption unless expressly warranted for a longer period of time by the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product. This subsection shall not affect the time during which a person found liable may seek and obtain contribution or indemnity from another person whose actual fault caused a product to be defective. This subsection shall not apply if the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product intentionally misrepresents facts about the product or fraudulently conceals information about the product and that conduct was a substantial cause of the claimant's harm.

b. (1) The fifteen-year limitation in paragraph "a" shall not apply to the time period in which to discover a disease that is latent and caused by exposure to a harmful material, in which event the cause of action shall be deemed to have accrued when the disease and such disease's cause have been made known to the person or at the point the person should have been aware of the disease and such disease's cause. This subsection shall not apply to cases governed by subsection 11 of this section.

(2) As used in this paragraph, "harmful material" means silicone gel breast implants, which were implanted prior to July 12, 1992; and chemical substances commonly known as asbestos, dioxins, tobacco, or polychlorinated biphenyls, whether alone or as part of any product; or any substance which is determined to present an unreasonable risk of injury to health or the environment by the United States environmental protection agency pursuant to the federal Toxic Substance Control Act, 15 U.S.C. § 2601 et seq., or by this state, if that risk is regulated by the United States environmental protection agency or this state.

* * *

Iowa Code § 614.2 Death of party to be charged.

In all cases where by the death of the party to be charged, the bringing of an action against the party's estate shall have been delayed beyond the period provided for by statute, the time within which action may be brought against the estate is hereby extended for six months from the date of the death of said decedent.

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April 10, 2012
  YAZ Ohio Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Ohio and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Ohio and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Ohio law for their injury.

Settlement negotiations have begun in YAZ Ohio lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Ohio women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Ohio statutes governing YAZ pulmonary embolism lawsuits:

Ohio Rev. Code § 2305.10(A) & (B):

2305.10 Bodily injury or injury to personal property.

(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.

(B)(1) For purposes of division (A) of this section, a cause of action for bodily injury that is not described in division (B)(2), (3), (4), or (5) of this section and that is caused by exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical devices accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(2) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to chromium in any of its chemical forms accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(3) For purposes of division (A) of this section, a cause of action for bodily injury incurred by a veteran through exposure to chemical defoliants or herbicides or other causative agents, including agent orange, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(4) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens, including exposure before birth, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(5) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to asbestos accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

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April 09, 2012
  YAZ Washington Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Washington and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Washington and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Washington law for their injury.

Settlement negotiations have begun in YAZ Washington lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Washington women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Washington statutes governing YAZ pulmonary embolism lawsuits:

Revised Code of Washington

Title 4

Civil procedure

Chapter 4.16

Limitation of actions

RCW 4.16.080 Actions limited to three years.

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

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April 09, 2012
  YAZ Arizona Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in Arizona and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in Arizona and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under Arizona law for their injury.

Settlement negotiations have begun in YAZ Arizona lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

Arizona women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

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Relevant Arizona statutes governing YAZ pulmonary embolism lawsuits:

Ariz. Rev. Stat. Ann. § 12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation.

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.

3. For trespass for injury done to the estate or the property of another.

4. For taking or carrying away the goods and chattels of another.

5. For detaining the personal property of another and for converting such property to one's own use.

6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.

Ariz. Rev. Stat. Ann. § 12-551. Product liability.

A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.

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April 09, 2012
  YAZ California Deep Vein Thrombosis Lawsuits
Posted By DeCarli Law

Women in California and elsewhere who use YAZ birth control have an increased risk of deep vein thrombosis (DVT). YAZ deep vein thrombosis lawsuits in California and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that deep vein thrombosis (DVT) was a side effect of YAZ, and injured women may have a remedy under California law for their injury.

Settlement negotiations have begun in YAZ California lawsuits for women who developed deep vein thrombosis (DVT) after using YAZ. If you or a loved one developed a deep vein thrombosis after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a deep vein thrombosis caused by the use of YAZ.

California women who used YAZ face deadlines for seeking compensation for a deep vein thrombosis (DVT) and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

.

Relevant California statutes governing YAZ pulmonary embolism lawsuits:

California Code of Civil Procedure Section 335

The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:

California Code of Civil Procedure Section 335.1

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Continue reading "YAZ California Deep Vein Thrombosis Lawsuits" »

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April 08, 2012
  YAZ Colorado Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Colorado and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Colorado and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Colorado law for their injury.

Settlement negotiations have begun in YAZ Colorado lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Colorado women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

.

Relevant Colorado statutes governing YAZ pulmonary embolism lawsuits:

13-80-101. General limitation of actions - three years.

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;

(b) Repealed.

(c) All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102 (1) (j) or section 13-80-103 (1) (g);

(d) and (e) Repealed.

(f) All actions for breach of trust or breach of fiduciary duty;

(g) All claims under the "Uniform Consumer Credit Code", except section 5-5-201 (5), C.R.S.;

(h) All actions of replevin or for taking, detaining, or converting goods or chattels, except as otherwise provided in section 13-80-103.5;

(i) All actions under the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.;

(j) All actions under part 6 of article 4 of title 10, C.R.S.;

(k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state;

(l) All actions of debt under section 40-30-102, C.R.S.;

(m) All actions for recovery of erroneous or excessive refunds of any tax under section 39-21-102, C.R.S.;

(n) (I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1). (II) The provisions of this paragraph (n) do not apply to any action for strict liability, absolute liability, or failure to instruct or warn governed by the provisions of section 13-80-102 (1) (b) or section 13-80-106.

(o) (I) Repealed. (II) For purposes of this paragraph (o):

(A) "Business" shall have the same meaning as set forth in section 13-21-603 (1).

(B) "Electronic computing device" shall have the same meaning as set forth in section 13-21-603 (2).

(C) Repealed.

(p) Repealed.

13-80-108. When a cause of action accrues.

(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.

(2) A cause of action for wrongful death shall be considered to accrue on the date of death.

(3) A cause of action for fraud, misrepresentation, concealment, or deceit shall be considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is discovered or should have been discovered by the exercise of reasonable diligence.

(4) A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due.

(5) A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account.

(6) A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.

(7) A cause of action for wrongful possession of personal property, goods, or chattels shall accrue at the time the wrongful possession is discovered or should have been discovered by the exercise of reasonable diligence.

(8) A cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.

(9) A cause of action for penalties shall be deemed to accrue when the determination of overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.

(10) A cause of action for recovery of erroneous or excessive refunds of any tax administered under section 39-21-102, C.R.S., shall accrue on the date the department of revenue issues said refund.

(11) A cause of action for a penalty for commission of a class A or a class B traffic infraction, as defined in section 42-4-1701, C.R.S., shall be deemed to accrue on the date the traffic infraction was committed.

(12) A cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of reasonable diligence.

(13) A cause of action by the public employees' retirement association against an employer for unpaid contributions shall accrue on the date the nonpayment of contributions is discovered or should have been discovered by the exercise of reasonable diligence. This subsection (13) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

13-80-106. Limitation of actions against manufacturers or sellers of products.

(1) Notwithstanding any other statutory provisions to the contrary, all actions except those governed by section 4-2-725, C.R.S., brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product shall be brought within two years after the claim for relief arises and not thereafter.

(2) If any person entitled to bring any action mentioned in this section is under the age of eighteen years, mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and is without spouse or natural or legal guardian, such person may bring said action within the time limit specified in this section after the disability is removed. If such person has a legal representative, such person's representative shall bring the action within the period of limitation imposed by this section.

13-80-107. Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment.

(1) (a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.

(b) Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.

(c) The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.

(2) As used in this section, "manufacturing equipment" means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.

(3) The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.

(4) The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.

Continue reading "YAZ Colorado Pulmonary Embolism Lawsuits" »

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April 07, 2012
  YAZ Maryland Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Maryland and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Maryland and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Maryland law for their injury.

Settlement negotiations have begun in YAZ Maryland lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Maryland women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

.

Relevant Maryland statutes governing YAZ pulmonary embolism lawsuits:

Md. Code Ann., Cts. Jud. Proc. § 5-101. Three-year limitation in general.

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

Continue reading "YAZ Maryland Pulmonary Embolism Lawsuits" »

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April 07, 2012
  YAZ Wisconsin Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Wisconsin and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Wisconsin and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Wisconsin law for their injury.

Settlement negotiations have begun in YAZ Wisconsin lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Wisconsin women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

.

Relevant Wisconsin statutes governing YAZ pulmonary embolism lawsuits:

Wis. Stat. § 893.54.

893.54 Injury to the person. The following actions shall be commenced within 3 years or be barred:

(1) An action to recover damages for injuries to the person.

(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.

Continue reading "YAZ Wisconsin Pulmonary Embolism Lawsuits" »

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April 07, 2012
  YAZ North Carolina Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in North Carolina and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in North Carolina and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under North Carolina law for their injury.

Settlement negotiations have begun in YAZ North Carolina lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

North Carolina women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

.

Relevant North Carolina statutes governing YAZ pulmonary embolism lawsuits:

N.C. Gen. Stat. § 1-52. Three years.

Within three years an action ‑

(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1‑53(1).

(1a) Upon the official bond of a public officer.

(2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it.

(3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.

(4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.

(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.

(6) Against the sureties of any executor, administrator, collector or guardian on the official bond of their principal; within three years after the breach thereof complained of.

(7) Against bail; within three years after judgment against the principal; but bail may discharge himself by a surrender of the principal, at any time before final judgment against the bail.

(8) For fees due to a clerk, sheriff or other officer, by the judgment of a court; within three years from the entry of the judgment, or the issuing of the last execution thereon.

(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

(10) Repealed by Session Laws 1977, c. 886, s. 1.

(11) For the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, said act being an act of Congress.

(12) Upon a claim for loss covered by an insurance policy that is subject to the three‑year limitation contained in G.S. 58‑44‑16.

(13) Against a public officer, for a trespass, under color of his office.

(14) An action under Chapter 75B of the General Statutes, the action in regard to a continuing violation accrues at the time of the latest violation.

(15) For the recovery of taxes paid as provided in G.S. 105‑381.

(16) Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1‑15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.

(17) Against a public utility, electric or telephone membership corporation, or a municipality for damages or for compensation for right‑of‑way or use of any lands for a utility service line or lines to serve one or more customers or members unless an inverse condemnation action or proceeding is commenced within three years after the utility service line has been constructed or by October 1, 1984, whichever is later.

(18) Against any registered land surveyor as defined in G.S. 89C‑3(9) or any person acting under his supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting as defined in G.S. 1‑47(6).

(19) For assault, battery, or false imprisonment.

(20) Upon a liability for a civil penalty, civil assessment, or civil fine imposed pursuant to Chapter 20 of the General Statutes.

N.C. Gen. Stat. § 1-53. Two years.

Within two years ‑

(1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. Unless otherwise provided by law, if the preceding sentence of this subsection would bar commencement of a cause of action arising out of a contract to improve real property: (i) such an action may be brought no later than 90 days after substantial completion, provided proper notice of the claim has been given if required by contract, or (ii) if prior to substantial completion the contract was terminated by either party, such an action may be brought no later than 90 days after the date of termination of the contract. As used in this subdivision, "substantial completion" has the same meaning as in G.S. 1‑50(a)(5)c. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article.

(2) An action to recover the penalty for usury, including an action regarding the financing of usurious points, usurious fees, or other usurious charges; the two‑year period shall accrue with each payment made and accepted on the loan.

(3) The forfeiture of all interest for usury.

(4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A‑18‑2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1‑15(c) or 1‑52(16), no action for his death may be brought.

Continue reading "YAZ North Carolina Pulmonary Embolism Lawsuits" »

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April 06, 2012
  YAZ Georgia Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Georgia and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Georgia and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Georgia law for their injury.

Settlement negotiations have begun in YAZ Georgia lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Georgia women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

.

Relevant Georgia statutes governing YAZ pulmonary embolism lawsuits:

O.C.G.A. § 9-3-33. Injuries to the person; injuries to reputation; loss of consortium; exception

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

O.C.G.A. § 51-1-11. When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected

(a) Except as otherwise provided in this Code section, no privity is necessary to support a tort action; but, if the tort results from the violation of a duty which is itself the consequence of a contract, the right of action is confined to the parties and those in privity to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 11-2-318.

(b) (1) The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.

(2) No action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.

(3) A manufacturer may not exclude or limit the operation of this subsection.

(c) The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negligence of a manufacturer as the basis of liability, except an action seeking to recover from a manufacturer for injuries or damages arising out of the negligence of such manufacturer in manufacturing products which cause a disease or birth defect, or arising out of conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from use of a product once that danger becomes known to the manufacturer.

Continue reading "YAZ Georgia Pulmonary Embolism Lawsuits" »

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April 06, 2012
  YAZ Massachusetts Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Massachusetts and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Massachusetts and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Massachusetts law for their injury.

Settlement negotiations have begun in YAZ Massachusetts lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Massachusetts women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

.

Relevant Massachusetts statutes governing YAZ pulmonary embolism lawsuits:

CHAPTER 260. LIMITATIONS OF ACTION

Section 2A. Tort, contract to recover for personal injuries, and replevin actions.

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.

Section 4. Certain tort or contract actions for malpractice, error or mistake

Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.

Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

For the purposes only of this section, an officer or soldier of the military forces of the commonwealth, as defined in chapter thirty-three, shall while performing any lawfully ordered military duty be deemed to be an officer or employee of the commonwealth.

Continue reading "YAZ Massachusetts Pulmonary Embolism Lawsuits" »

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April 05, 2012
  YAZ Ohio Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Ohio and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Ohio and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Ohio law for their injury.

Settlement negotiations have begun in YAZ Ohio lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Ohio women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

.

Relevant Ohio statutes governing YAZ pulmonary embolism lawsuits:

Ohio Rev. Code § 2305.10(A) & (B):

2305.10 Bodily injury or injury to personal property.

(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.

(B)(1) For purposes of division (A) of this section, a cause of action for bodily injury that is not described in division (B)(2), (3), (4), or (5) of this section and that is caused by exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical devices accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(2) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to chromium in any of its chemical forms accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(3) For purposes of division (A) of this section, a cause of action for bodily injury incurred by a veteran through exposure to chemical defoliants or herbicides or other causative agents, including agent orange, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(4) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens, including exposure before birth, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(5) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to asbestos accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

* * *

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April 05, 2012
  YAZ Oregon Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Oregon and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Oregon and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Oregon law for their injury.

Settlement negotiations have begun in YAZ Oregon lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Oregon women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Oregon statutes governing YAZ pulmonary embolism lawsuits:

Or. Rev. Stat. § 30.905(1)

30.905 Time limitation for commencement of action. (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

(2) A product liability civil action for personal injury or property damage must be commenced before the later of:

(a) Ten years after the date on which the product was first purchased for use or consumption; or

(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

(4) A product liability civil action for death must be commenced before the earlier of:

(a) Three years after the death of the decedent;

(b) Ten years after the date on which the product was first purchased for use or consumption; or

(c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135.

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April 04, 2012
  YAZ Iowa Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Iowa and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Iowa and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Iowa law for their injury.

Settlement negotiations have begun in YAZ Iowa lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Iowa women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Iowa statutes governing YAZ pulmonary embolism lawsuits:

Iowa Code § 614.1. Period.

Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:

* * *

2. Injuries to person or reputation -- relative rights -- statute penalty. Those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty, within two years.

2A. With respect to products.

a. Those founded on the death of a person or injuries to the person or property brought against the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of a product based upon an alleged defect in the design, inspection, testing, manufacturing, formulation, marketing, packaging, warning, labeling of the product, or any other alleged defect or failure of whatever nature or kind, based on the theories of strict liability in tort, negligence, or breach of an implied warranty shall not be commenced more than fifteen years after the product was first purchased, leased, bailed, or installed for use or consumption unless expressly warranted for a longer period of time by the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product. This subsection shall not affect the time during which a person found liable may seek and obtain contribution or indemnity from another person whose actual fault caused a product to be defective. This subsection shall not apply if the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product intentionally misrepresents facts about the product or fraudulently conceals information about the product and that conduct was a substantial cause of the claimant's harm.

b. (1) The fifteen-year limitation in paragraph "a" shall not apply to the time period in which to discover a disease that is latent and caused by exposure to a harmful material, in which event the cause of action shall be deemed to have accrued when the disease and such disease's cause have been made known to the person or at the point the person should have been aware of the disease and such disease's cause. This subsection shall not apply to cases governed by subsection 11 of this section.

(2) As used in this paragraph, "harmful material" means silicone gel breast implants, which were implanted prior to July 12, 1992; and chemical substances commonly known as asbestos, dioxins, tobacco, or polychlorinated biphenyls, whether alone or as part of any product; or any substance which is determined to present an unreasonable risk of injury to health or the environment by the United States environmental protection agency pursuant to the federal Toxic Substance Control Act, 15 U.S.C. § 2601 et seq., or by this state, if that risk is regulated by the United States environmental protection agency or this state.

* * *

Iowa Code § 614.2 Death of party to be charged.

In all cases where by the death of the party to be charged, the bringing of an action against the party's estate shall have been delayed beyond the period provided for by statute, the time within which action may be brought against the estate is hereby extended for six months from the date of the death of said decedent.

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April 04, 2012
  YAZ Washington Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Washington and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Washington and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Washington law for their injury.

Settlement negotiations have begun in YAZ Washington lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Washington women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Washington statutes governing YAZ pulmonary embolism lawsuits:

Revised Code of Washington

Title 4

Civil procedure

Chapter 4.16

Limitation of actions

RCW 4.16.080 Actions limited to three years.

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

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April 04, 2012
  YAZ Arizona Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in Arizona and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in Arizona and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under Arizona law for their injury.

Settlement negotiations have begun in YAZ Arizona lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

Arizona women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Arizona statutes governing YAZ pulmonary embolism lawsuits:

Ariz. Rev. Stat. Ann. § 12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation.

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.

3. For trespass for injury done to the estate or the property of another.

4. For taking or carrying away the goods and chattels of another.

5. For detaining the personal property of another and for converting such property to one's own use.

6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.

Ariz. Rev. Stat. Ann. § 12-551. Product liability.

A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.

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April 03, 2012
  YAZ California Pulmonary Embolism Lawsuits
Posted By DeCarli Law

Women in California and elsewhere who use YAZ birth control have an increased risk of pulmonary embolism. YAZ pulmonary embolism lawsuits in California and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that pulmonary embolisms were a side effect of YAZ, and injured women may have a remedy under California law for their injury.

Settlement negotiations have begun in YAZ California lawsuits for women who developed a pulmonary embolism after using YAZ. If you or a loved one developed a pulmonary embolism after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for a pulmonary embolism caused by the use of YAZ.

California women who used YAZ face deadlines for seeking compensation for a pulmonary embolism and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant California statutes governing YAZ pulmonary embolism lawsuits:

California Code of Civil Procedure Section 335

The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:

California Code of Civil Procedure Section 335.1

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

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April 03, 2012
  YAZ Colorado Blood Clot Lawsuits
Posted By DeCarli Law

Women in Colorado and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Colorado and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Colorado law for their injury.

Settlement negotiations have begun in YAZ Colorado lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Colorado women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Colorado statutes governing YAZ blood clot lawsuits:

13-80-101. General limitation of actions - three years.

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

(a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;

(b) Repealed.

(c) All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102 (1) (j) or section 13-80-103 (1) (g);

(d) and (e) Repealed.

(f) All actions for breach of trust or breach of fiduciary duty;

(g) All claims under the "Uniform Consumer Credit Code", except section 5-5-201 (5), C.R.S.;

(h) All actions of replevin or for taking, detaining, or converting goods or chattels, except as otherwise provided in section 13-80-103.5;

(i) All actions under the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.;

(j) All actions under part 6 of article 4 of title 10, C.R.S.;

(k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state;

(l) All actions of debt under section 40-30-102, C.R.S.;

(m) All actions for recovery of erroneous or excessive refunds of any tax under section 39-21-102, C.R.S.;

(n) (I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1). (II) The provisions of this paragraph (n) do not apply to any action for strict liability, absolute liability, or failure to instruct or warn governed by the provisions of section 13-80-102 (1) (b) or section 13-80-106.

(o) (I) Repealed. (II) For purposes of this paragraph (o):

(A) "Business" shall have the same meaning as set forth in section 13-21-603 (1).

(B) "Electronic computing device" shall have the same meaning as set forth in section 13-21-603 (2).

(C) Repealed.

(p) Repealed.

13-80-108. When a cause of action accrues.

(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.

(2) A cause of action for wrongful death shall be considered to accrue on the date of death.

(3) A cause of action for fraud, misrepresentation, concealment, or deceit shall be considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is discovered or should have been discovered by the exercise of reasonable diligence.

(4) A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due.

(5) A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account.

(6) A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.

(7) A cause of action for wrongful possession of personal property, goods, or chattels shall accrue at the time the wrongful possession is discovered or should have been discovered by the exercise of reasonable diligence.

(8) A cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.

(9) A cause of action for penalties shall be deemed to accrue when the determination of overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.

(10) A cause of action for recovery of erroneous or excessive refunds of any tax administered under section 39-21-102, C.R.S., shall accrue on the date the department of revenue issues said refund.

(11) A cause of action for a penalty for commission of a class A or a class B traffic infraction, as defined in section 42-4-1701, C.R.S., shall be deemed to accrue on the date the traffic infraction was committed.

(12) A cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of reasonable diligence.

(13) A cause of action by the public employees' retirement association against an employer for unpaid contributions shall accrue on the date the nonpayment of contributions is discovered or should have been discovered by the exercise of reasonable diligence. This subsection (13) shall apply to causes of action as provided in section 24-51-402 (2), C.R.S.

13-80-106. Limitation of actions against manufacturers or sellers of products.

(1) Notwithstanding any other statutory provisions to the contrary, all actions except those governed by section 4-2-725, C.R.S., brought against a manufacturer or seller of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, or sale of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product shall be brought within two years after the claim for relief arises and not thereafter.

(2) If any person entitled to bring any action mentioned in this section is under the age of eighteen years, mentally incompetent, imprisoned, or absent from the United States at the time the cause of action accrues and is without spouse or natural or legal guardian, such person may bring said action within the time limit specified in this section after the disability is removed. If such person has a legal representative, such person's representative shall bring the action within the period of limitation imposed by this section.

13-80-107. Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment.

(1) (a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.

(b) Except as provided in paragraph (c) of this subsection (1), no such action shall be brought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.

(c) The time limitation specified in paragraph (b) of this subsection (1) shall not apply if the manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.

(2) As used in this section, "manufacturing equipment" means equipment used in the operation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.

(3) The provisions of subsection (1) of this section shall not apply to a claim against a manufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.

(4) The provisions of subsection (1) of this section shall not be applicable to indemnity actions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.

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April 03, 2012
  YAZ Maryland Blood Clot Lawsuits
Posted By DeCarli Law

Women in Maryland and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Maryland and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Maryland law for their injury.

Settlement negotiations have begun in YAZ Maryland lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Maryland women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Maryland statutes governing YAZ blood clot lawsuits:

Md. Code Ann., Cts. Jud. Proc. § 5-101. Three-year limitation in general.

A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

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April 02, 2012
  YAZ Wisconsin Blood Clot Lawsuits
Posted By DeCarli Law

Women in Wisconsin and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Wisconsin and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Wisconsin law for their injury.

Settlement negotiations have begun in YAZ Wisconsin lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Wisconsin women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Wisconsin statutes governing YAZ blood clot lawsuits:

Wis. Stat. § 893.54.

893.54 Injury to the person. The following actions shall be commenced within 3 years or be barred:

(1) An action to recover damages for injuries to the person.

(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.

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April 02, 2012
  YAZ North Carolina Blood Clot Lawsuits
Posted By DeCarli Law

Women in North Carolina and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in North Carolina and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under North Carolina law for their injury.

Settlement negotiations have begun in YAZ North Carolina lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

North Carolina women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant North Carolina statutes governing YAZ blood clot lawsuits:

N.C. Gen. Stat. § 1-52. Three years.

Within three years an action ‑

(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1‑53(1).

(1a) Upon the official bond of a public officer.

(2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it.

(3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.

(4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.

(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated.

(6) Against the sureties of any executor, administrator, collector or guardian on the official bond of their principal; within three years after the breach thereof complained of.

(7) Against bail; within three years after judgment against the principal; but bail may discharge himself by a surrender of the principal, at any time before final judgment against the bail.

(8) For fees due to a clerk, sheriff or other officer, by the judgment of a court; within three years from the entry of the judgment, or the issuing of the last execution thereon.

(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

(10) Repealed by Session Laws 1977, c. 886, s. 1.

(11) For the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, said act being an act of Congress.

(12) Upon a claim for loss covered by an insurance policy that is subject to the three‑year limitation contained in G.S. 58‑44‑16.

(13) Against a public officer, for a trespass, under color of his office.

(14) An action under Chapter 75B of the General Statutes, the action in regard to a continuing violation accrues at the time of the latest violation.

(15) For the recovery of taxes paid as provided in G.S. 105‑381.

(16) Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1‑15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.

(17) Against a public utility, electric or telephone membership corporation, or a municipality for damages or for compensation for right‑of‑way or use of any lands for a utility service line or lines to serve one or more customers or members unless an inverse condemnation action or proceeding is commenced within three years after the utility service line has been constructed or by October 1, 1984, whichever is later.

(18) Against any registered land surveyor as defined in G.S. 89C‑3(9) or any person acting under his supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting as defined in G.S. 1‑47(6).

(19) For assault, battery, or false imprisonment.

(20) Upon a liability for a civil penalty, civil assessment, or civil fine imposed pursuant to Chapter 20 of the General Statutes.

N.C. Gen. Stat. § 1-53. Two years.

Within two years ‑

(1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied. Unless otherwise provided by law, if the preceding sentence of this subsection would bar commencement of a cause of action arising out of a contract to improve real property: (i) such an action may be brought no later than 90 days after substantial completion, provided proper notice of the claim has been given if required by contract, or (ii) if prior to substantial completion the contract was terminated by either party, such an action may be brought no later than 90 days after the date of termination of the contract. As used in this subdivision, "substantial completion" has the same meaning as in G.S. 1‑50(a)(5)c. This subdivision shall not apply to actions based upon bonds, notes and interest coupons or when a different period of limitation is prescribed by this Article.

(2) An action to recover the penalty for usury, including an action regarding the financing of usurious points, usurious fees, or other usurious charges; the two‑year period shall accrue with each payment made and accepted on the loan.

(3) The forfeiture of all interest for usury.

(4) Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A‑18‑2; the cause of action shall not accrue until the date of death. Provided that, whenever the decedent would have been barred, had he lived, from bringing an action for bodily harm because of the provisions of G.S. 1‑15(c) or 1‑52(16), no action for his death may be brought.

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April 02, 2012
  YAZ Georgia Blood Clot Lawsuits
Posted By DeCarli Law

Women in Georgia and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Georgia and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Georgia law for their injury.

Settlement negotiations have begun in YAZ Georgia lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Georgia women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Georgia statutes governing YAZ blood clot lawsuits:

O.C.G.A. § 9-3-33. Injuries to the person; injuries to reputation; loss of consortium; exception

Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

O.C.G.A. § 51-1-11. When privity required to support action; product liability action and time limitation therefore; industry-wide liability theories rejected

(a) Except as otherwise provided in this Code section, no privity is necessary to support a tort action; but, if the tort results from the violation of a duty which is itself the consequence of a contract, the right of action is confined to the parties and those in privity to that contract, except in cases where the party would have a right of action for the injury done independently of the contract and except as provided in Code Section 11-2-318.

(b) (1) The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.

(2) No action shall be commenced pursuant to this subsection with respect to an injury after ten years from the date of the first sale for use or consumption of the personal property causing or otherwise bringing about the injury.

(3) A manufacturer may not exclude or limit the operation of this subsection.

(c) The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negligence of a manufacturer as the basis of liability, except an action seeking to recover from a manufacturer for injuries or damages arising out of the negligence of such manufacturer in manufacturing products which cause a disease or birth defect, or arising out of conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from use of a product once that danger becomes known to the manufacturer.

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April 01, 2012
  YAZ Massachusetts Blood Clot Lawsuits
Posted By DeCarli Law

Women in Massachusetts and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Massachusetts and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Massachusetts law for their injury.

Settlement negotiations have begun in YAZ Massachusetts lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Massachusetts women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Massachusetts statutes governing YAZ blood clot lawsuits:

CHAPTER 260. LIMITATIONS OF ACTION

Section 2A. Tort, contract to recover for personal injuries, and replevin actions.

Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.

Section 4. Certain tort or contract actions for malpractice, error or mistake

Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.

Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

For the purposes only of this section, an officer or soldier of the military forces of the commonwealth, as defined in chapter thirty-three, shall while performing any lawfully ordered military duty be deemed to be an officer or employee of the commonwealth.

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April 01, 2012
  YAZ Pennsylvania Blood Clot Lawsuits
Posted By DeCarli Law

Women in Pennsylvania and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Pennsylvania and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Pennsylvania law for their injury.

Settlement negotiations have begun in YAZ Pennsylvania lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Pennsylvania women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Pennsylvania statutes governing YAZ blood clot lawsuits:

42 Pa. Cons. Stat. Ann. § 5524. Two year limitation.

The following actions and proceedings must be commenced within two years:

(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

(4) An action for waste or trespass of real property.

(5) An action upon a statute for a civil penalty or forfeiture.

(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.

(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

(8) (Deleted by amendment).

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April 01, 2012
  YAZ Illinois Blood Clot Lawsuits
Posted By DeCarli Law

Women in Illinois and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Illinois and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Illinois law for their injury.

Settlement negotiations have begun in YAZ Illinois lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Illinois women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Illinois statutes governing YAZ blood clot lawsuits:

735 ILCS 5/13‑202:

Sec. 13‑202. Personal injury ‑ Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2‑year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.

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March 31, 2012
  YAZ Ohio Blood Clot Lawsuits
Posted By DeCarli Law

Women in Ohio and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Ohio and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Ohio law for their injury.

Settlement negotiations have begun in YAZ Ohio lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Ohio women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Ohio statutes governing YAZ blood clot lawsuits:

Ohio Rev. Code § 2305.10(A) & (B):

2305.10 Bodily injury or injury to personal property.

(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.

(B)(1) For purposes of division (A) of this section, a cause of action for bodily injury that is not described in division (B)(2), (3), (4), or (5) of this section and that is caused by exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical devices accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(2) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to chromium in any of its chemical forms accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(3) For purposes of division (A) of this section, a cause of action for bodily injury incurred by a veteran through exposure to chemical defoliants or herbicides or other causative agents, including agent orange, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(4) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens, including exposure before birth, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

(5) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to asbestos accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.

* * *

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March 31, 2012
  YAZ Oregon Blood Clot Lawsuits
Posted By DeCarli Law

Women in Oregon and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Oregon and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Oregon law for their injury.

Settlement negotiations have begun in YAZ Oregon lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Oregon women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Oregon statutes governing YAZ blood clot lawsuits:

Or. Rev. Stat. § 30.905(1)

30.905 Time limitation for commencement of action. (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

(2) A product liability civil action for personal injury or property damage must be commenced before the later of:

(a) Ten years after the date on which the product was first purchased for use or consumption; or

(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

(4) A product liability civil action for death must be commenced before the earlier of:

(a) Three years after the death of the decedent;

(b) Ten years after the date on which the product was first purchased for use or consumption; or

(c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135.

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March 31, 2012
  YAZ Iowa Blood Clot Lawsuits
Posted By DeCarli Law

Women in Iowa and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Iowa and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Iowa law for their injury.

Settlement negotiations have begun in YAZ Iowa lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Iowa women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Iowa statutes governing YAZ blood clot lawsuits:

Iowa Code § 614.1. Period.

Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:

* * *

2. Injuries to person or reputation -- relative rights -- statute penalty. Those founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statute penalty, within two years.

2A. With respect to products.

a. Those founded on the death of a person or injuries to the person or property brought against the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of a product based upon an alleged defect in the design, inspection, testing, manufacturing, formulation, marketing, packaging, warning, labeling of the product, or any other alleged defect or failure of whatever nature or kind, based on the theories of strict liability in tort, negligence, or breach of an implied warranty shall not be commenced more than fifteen years after the product was first purchased, leased, bailed, or installed for use or consumption unless expressly warranted for a longer period of time by the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product. This subsection shall not affect the time during which a person found liable may seek and obtain contribution or indemnity from another person whose actual fault caused a product to be defective. This subsection shall not apply if the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product intentionally misrepresents facts about the product or fraudulently conceals information about the product and that conduct was a substantial cause of the claimant's harm.

b. (1) The fifteen-year limitation in paragraph "a" shall not apply to the time period in which to discover a disease that is latent and caused by exposure to a harmful material, in which event the cause of action shall be deemed to have accrued when the disease and such disease's cause have been made known to the person or at the point the person should have been aware of the disease and such disease's cause. This subsection shall not apply to cases governed by subsection 11 of this section.

(2) As used in this paragraph, "harmful material" means silicone gel breast implants, which were implanted prior to July 12, 1992; and chemical substances commonly known as asbestos, dioxins, tobacco, or polychlorinated biphenyls, whether alone or as part of any product; or any substance which is determined to present an unreasonable risk of injury to health or the environment by the United States environmental protection agency pursuant to the federal Toxic Substance Control Act, 15 U.S.C. § 2601 et seq., or by this state, if that risk is regulated by the United States environmental protection agency or this state.

* * *

Iowa Code § 614.2 Death of party to be charged.

In all cases where by the death of the party to be charged, the bringing of an action against the party's estate shall have been delayed beyond the period provided for by statute, the time within which action may be brought against the estate is hereby extended for six months from the date of the death of said decedent.

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March 30, 2012
  YAZ Washington Blood Clot Lawsuits
Posted By DeCarli Law

Women in Washington and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Washington and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Washington law for their injury.

Settlement negotiations have begun in YAZ Washington lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Washington women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Washington statutes governing YAZ blood clot lawsuits:

Revised Code of Washington

Title 4

Civil procedure

Chapter 4.16

Limitation of actions

RCW 4.16.080 Actions limited to three years.

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

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March 30, 2012
  YAZ Arizona Blood Clot Lawsuits
Posted By DeCarli Law

Women in Arizona and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in Arizona and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under Arizona law for their injury.

Settlement negotiations have begun in YAZ Arizona lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

Arizona women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant Arizona statutes governing YAZ blood clot lawsuits:

Ariz. Rev. Stat. Ann. § 12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation.

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.

3. For trespass for injury done to the estate or the property of another.

4. For taking or carrying away the goods and chattels of another.

5. For detaining the personal property of another and for converting such property to one's own use.

6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.

Ariz. Rev. Stat. Ann. § 12-551. Product liability.

A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.

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March 30, 2012
  YAZ California Blood Clot Lawsuits
Posted By DeCarli Law

Women in California and elsewhere who use YAZ birth control have an increased risk of blood clots. YAZ blood clot lawsuits in California and elsewhere have been filed against Bayer, the manufacturer of YAZ. Bayer should have warned women that blood clots were a side effect of YAZ, and injured women may have a remedy under California law for their injury.

Settlement negotiations have begun in YAZ California lawsuits for women who developed blood clots after using YAZ. If you or a loved one developed a blood clot after using YAZ, you or your loved one may be able to participate in a settlement. Contact DeCarli Law for a free consultation. An experienced attorney can advise you on your legal rights for blood clots caused by the use of YAZ.

California women who used YAZ face deadlines for seeking compensation for blood clots and other YAZ injuries. Please contact DeCarli Law as soon as possible to learn more about how to preserve your legal rights.

Go HERE to learn more about the dangers of YAZ.

Relevant California statutes governing YAZ blood clot lawsuits:

California Code of Civil Procedure Section 335

The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:

California Code of Civil Procedure Section 335.1

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

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June 01, 2011
  FDA Announces New Scrutiny on Blood Clot Risk From Birth Control Pills With Drospirenone
Posted By DeCarli Law
Two recently-published studies on YAZ and other birth control pills containing Drospirenone have caught the attention of the U.S. Food and Drug Administration.  The FDA announced yesterday that it is aware of the studies, which conclude that women using birth control pills containing Drospirenone have a 2-to-3 times greater risk of developing blood clots compared to women using other forms of birth control.

Although the most recent studies, along with several older ones, conclude there is a significantly greater risk of blood clots from Drospirenone, a few others have found no increased risk.  Prompted by the most recent studies, the FDA announced it “will look at all currently available information to fully assess the risks and benefits of drospirenone-containing birth control pills.”

Drospirenone is a type of synthetic progestin used in YAZ and Yasmin oral contraceptives.  Drospirenone is unique because it is a potassium-sparing diuretic.  It’s diuretic properties mean that its use leads to less weight gain than other birth control pills.  However, it also means women using it can develop abnormally high potassium levels, which itself can cause a dangerous condition called hyperkalemia.

Yasmin is also sold under the generic names Zarah, Ocella and Zyeda.  Generic forms of YAZ are Gianvi and Loryna.  Both YAZ and Yasmin contain the same amount of Drospirenone.  They differ in their dosing schedule because of the amount of ethinyl estradiol (estrogen) they contain.

The FDA’s announcement states that it will continue to communicate any new safety information to the public as it becomes available.  We, in turn, will pass on any further announcements from the FDA.

The complete announcement from the FDA may be found HERE.
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September 09, 2010
  Zarah, a New Generic Form of Yasmin, to Be Sold in the U.S.
Posted By DeCarli Law
Bad news for women’s health: yet another generic form of the oral contraceptive Yasmin will be sold in the United States. Watson Pharmaceuticals, Inc. announced on Tuesday that it has received approval from the F.D.A. to sell Zarah, a generic version of Yasmin.

Watson Pharmaceuticals obtained permission to market Zarah in the U.S. by using a procedure called an Abbreviated New Drug Application. This procedure is used to secure approval for generic drugs, and generally does not include any animal or human data to establish the drug’s safety and effectiveness.

Yasmin was previously available in generic form under the name Ocella. Yasmin, Ocella and now Zarah contain drospirenone and ethinyl estradiol. Drospirenone is a synthetic progestin that acts as a potassium-sparing diuretic. This means that women using Yasmin, Ocella and Zarah run the risk of developing abnormally high potassium levels in their bodies, which can lead to gallbladder disease, pulmonary embolism (PE), deep vein thrombosis (DVT), stroke, heart attacks, and even death. Another similar birth control formulation that also comes with these risks is YAZ, manufactured by Bayer Healthcare Pharmaceuticals.

Read HERE to learn more about Zarah and its risks.

Thousands of women have been injured by YAZ, Yasmin and Ocella side effects, and unfortunately, more women will now be at risk from Zarah. If you or a loved one has suffered from any of the above side effects after using Zarah, Yasmin, Ocella or YAZ, contact the Zarah lawyers and YAZ attorneys at DeCarli Law to learn your legal options. We provide free, no-obligation telephone consultations. You will be able to speak to an attorney, not a legal assistant or other support staff member. If we take your case, you will have no obligation to pay us fees unless we obtain a recover for you.
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April 09, 2010
  New Warning of Blood Clot Risk for YAZ and Yasmin
Posted By DeCarli Law
The Associated Press is reporting that Bayer HealthCare, "[i]n cooperation with the Food and Drug Administration," has added new warnings about the risk of blood clots that come with using YAZ and Yasmin oral contraceptives.  At present, the exact wording of the new warnings has not been reported.  In all likelihood, Bayer's warning change was made out of concern that the FDA would order a label change if Bayer did not do so on its own.

YAZ, Yasmin, and Ocella (the generic form of Yasmin) are birth control pills that contain a synthetic progestin called drospirenone, which some studies indicate has double the risk of blood clots compared to other birth control pills.  Numerous women have suffered from YAZ, Yasmin and Ocella side effects, including pulmonary embolism (PE), deep vein thrombosis (DVT), strokes, and gallbladder disease.

The YAZ lawyers and YAZ attorneys at DeCarli Law are evaluating and investigating YAZ side effect lawsuits, Yasmin side effect lawsuits, and Ocella side effect lawsuits.  Contact DeCarli Law for a free consultation if you or a loved one may have experienced a side effect of YAZ, Yasmin or a Ocella.


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January 08, 2010
  8th Circuit Removes Roadblock for Ocella Injury Lawsuits
Posted By DeCarli Law
A recent decision from the 8th Circuit Court of Appeals has removed a barrier to women filing lawsuits for side effects from Ocella birth control.

Ocella is the generic version of the oral contraceptive Yasmin.   Drug manufacturers have taken the position that injured people cannot sue them when their generic drug labels fail to adequately warn of dangerous side effects.  The manufacturers claim that federal law requires them to have the same warning label on the generic version of their drugs that originally appeared on the name-brand version, and they cannot add additional warnings.  The manufacturers rely on a legal doctrine called “preemption,” arguing that because their warning label has been approved by the FDA, federal law bars lawsuits against them for not warning of side effects not listed on the label.

A recent 8th Circuit Court of Appeals decision rejected this argument. Mensing v. Wyeth (2009).  The plaintiff, Gladys Mensing, had developed tardive dyskinesia after taking metoclopramide, the generic form of Reglan.  The generic drug manufacturers succeeded in convincing the district court to dismiss Ms. Mensing’s claims against them, but the 8th Circuit reversed.   “If Mensing's injuries resulted from their failure to take steps to warn their customers sufficiently of the risks from taking their drugs, they may be held liable,” the Court of Appeals wrote.  You can read the entire decision HERE.

Because Ocella is a generic drug like metoclopramide, this decision forecloses manufacturers from making the preemption argument in cases brought by women injured by Ocella.  The 8th Circuit is the federal appellate court that hears appeals from federal district courts located in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.  This means that when failure-to-warn claims arising from Ocella are filed in federal courts in these states, the manufacturers will not be able to argue that they are prohibited by federal law.

Ocella, Yasmin and YAZ are oral birth control pills that have a heightened risk of deep vein thrombosis (DVT), pulmonary embolism (PE), stroke, heart attack, gallbladder disease, and even death.   If you or someone you know has suffered one or more of these side effects, please consider calling the attorneys at DeCarli Law for a free, no obligation telephone consultation.  You can learn more about the dangers of YAZ, Yasmin and Ocella HERE.
Continue reading "8th Circuit Removes Roadblock for Ocella Injury Lawsuits" »

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November 10, 2009
  Movement Toward Consolidation of New Jersey YAZ, Yasmin and Ocella Side Effect Lawsuits
Posted By DeCarli Law
The New Jersey Law Journal has reported that New Jersey YAZ, Yasmin and Ocella lawsuits may be consolidated before a single judge. The New Jersey judiciary is considering a request from Judge Donald Volkert Jr. of Prossaic County, New Jersey, that YAZ, Yasmin and Ocella lawsuits be given mass tort status.

13 lawsuits for injuries from YAZ, Yasmin and Ocella birth control pills are pending in Prossaic County, and 26 lawsuits are pending in other New Jersey counties. Judge Volkert wrote the Acting Administrative Director of the Courts in New Jersey on October 22, 2009, requesting mass tort status. The Administrative Office of the Courts has since issued a notice that it will accept public comments on Judge Volkert’s proposal through the end of this year.

If mass tort status is granted, the cases will be consolidated in one of three New Jersey counties where mass torts are heard: Atlantic County, Bergen County, or Middlesex County. Selection of a specific county and judge can have a significant impact on claims made by women injured by YAZ, Yasmin or Ocella. Injured women may have other options, such as filing their claims in federal court, or in the courts of other states such as California.

YAZ, Yasmin and Ocella birth control pills can cause pulmonary embolism (PE), deep vein thrombosis (DVT), stroke, heart attacks, hyperkalemia, gallbladder disease, and even death. The risk of blood clots (thrombosis) is twice as great with YAZ/Yasmin/Ocella as it is with older birth control pills. Likewise, unlike YAZ/Yasmin/Ocella, older forms of birth control pills have virtually no risk of gallbladder disease or hyperkalemia. You can learn more about the side effects of YAZ/Yasmin/Ocella, and about YAZ lawsuits, HERE.

If you or a loved one has died, suffered a stroke, blood clot, heart attack, arrhythmia or had their gallbladder removed after using YAZ, Yasmin or Ocella oral contraceptives, contact the YAZ lawyers of DeCarli Law for a free consultation.
Continue reading "Movement Toward Consolidation of New Jersey YAZ, Yasmin and Ocella Side Effect Lawsuits" »

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October 19, 2009
  Multidistrict Litigation (“MDL”) Court Created for YAZ Birth Control Lawsuits
Posted By Bob DeCarli

On October 1, 2009, the United States Judicial Panel on Multidistrict Litigation issued an order consolidating lawsuits involving YAZ, Yasmin and Ocella birth control pills.  The YAZ multidistrict litigation, or “MDL,” is assigned to the Honorable David R. Herndon, Chief Judge of the Southern District of Illinois.

All personal injury cases filed by women hurt by YAZ, Yasmin and Ocella in federal courts throughout the country will now be transferred to the Southern District of Illinois for coordinated or consolidated pretrial proceedings before Chief Judge Herndon.  This includes lawsuits brought by women who have suffered heart attacks, strokes, pulmonary embolism (PE), deep vein thrombosis (DVT), gallbladder disease, and death.  The YAZ MDL will also include a putative class action based on the advertising and marketing of YAZ.

An MDL is a special legal procedure used in United States Federal Courts.  It is designed to speed up the process of handling complex cases, including pharmaceutical litigation arising from dangerous drugs.  Cases included in an MDL are sent to a single federal court for pre-trial proceedings, but then sent back for trial to the courts in which they were filed.  For the many women injured by YAZ, Yasmin and Ocella side effects, this is a positive development, because it allows them and their attorneys to pool their resources against corporate giant Bayer, which manufactures YAZ and Yasmin.

If you or a loved one has suffered from a YAZ side effect, Yasmin side effect, or Ocella side effect, you may contact the YAZ lawyers and YAZ attorneys at DeCarli Law for a free consultation to learn about your legal rights.
Continue reading "Multidistrict Litigation (“MDL”) Court Created for YAZ Birth Control Lawsuits" »

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Debra DeCarli and Bob DeCarli are licensed by the State Bar of Texas and the State Bar of California.

DeCarli Law represents drug side effects and defective medical devices personal injury clients for claims, lawsuits and settlements in Alabama AL, Alaska AK, Arizona AZ, Arkansas AR, California CA, Colorado CO, Connecticut CT, Delaware DE, Georgia GA, Hawaii HI, Idaho ID, Illinois IL, Kansas KS, Maine ME, Maryland MD, Massachusetts MS, Minnesota MN, Mississippi MS, Montana MT, Nebraska NE, New Hampshire NH, New Jersey NJ, New Mexico NM, New York NY, North Carolina NC, North Dakota ND, Oklahoma OK, Oregon OR, Rhode Island RI, South Carolina SC, South Dakota SD, Tennessee TN, Utah UT, Vermont VT, Virginia VA, Washington WA, Washington D.C, West Virginia WV, Wisconsin WI and Wyoming WY. The attorneys of DeCarli Law are licensed in California and Texas. DeCarli Law's practice includes lawsuits for Propecia side effects, Finasteride lawsuits, Topamax lawsuits, Fosamax lawsuits, Gadolinium lawsuits, NSF lawsuits, Nephrogenic Systemic Fibrosis Lawsuits, YAZ lawsuits, Yasmin lawsuits, Ocella lawsuits, and Zarah lawsuits.