Massachusetts MRI Side Effect Lawsuits

Massachusetts residents who suffer from nephrogenic systemic fibrosis (NSF), formerly known as nephrogenic fibrosing dermopathy (NFD), may be entitled to file an NSF lawsuit and recover for their injury.  NSF is a progressive, debilitating disease characterized by hardening of the skin and other body tissues.  NSF attacks people with impaired kidney or liver function, especially dialysis patients and recent kidney transplant recipients, who were injected with a gadolinium-based contrast agent for an MRI, MRA or other medical scan.  The NSF lawyers at DeCarli Law will offer a free, no-obligation telephone consultation to any Massachusetts resident who believes he or she might have NSF/NFD.

Massachusetts NSF Lawsuits, Massachusetts MRI Lawsuits, Massachusetts Gadolinium Lawsuits

A Massachusetts gadolinium lawsuit, or NSF lawsuit, is brought against the manufacturer(s) of the gadolinium-based contrast agent that caused the Massachusetts resident to develop NSF.  This is a product liability claim because the gadolinium-based contrast agents that cause NSF are defective products.  The causes of action most frequently asserted in Massachusetts product liability lawsuits are negligence, breach of the implied warranty of merchantability, and unfair or deceptive acts or practices that violate Chapter 93A of the Massachusetts General Laws.

Massachusetts Statutes of Limitations for NSF Claims

The Commonwealth of Massachusetts, like most other jurisdictions, places deadlines on when a person can file a lawsuit.  These deadlines are called statutes of limitations.  Massachusetts residents who have developed NSF are fortunate because the Massachusetts statutes of limitations that apply to their claims are a bit longer than those in other states.

Under Massachusetts law, the statute of limitations for a negligence action and "tort-based" warranty actions is three years from the date the cause of action "accrues."  A cause of action "accrues" on the occurrence of some appreciable injury.  However, when an injury is latent or "inherently unknowable," the discovery rule applies and the action does not accrue until a person knows or reasonably should have known that he or she has been injured.  For Chapter 93A unfair or deceptive acts or practices claims, the statute of limitations is four years.  In wrongful death actions, a lawsuit must be filed within three years from the date of the person's death, or three years from when the deceased's executor knew of should have known of the factual basis for the claim.  As a practical matter, for a person's heirs to be able to recover for a person having contracted NSF, the person must have been diagnosed with NSF before their death.

PLEASE NOTE: When the statute of limitations begins to run for an individual person's right to bring a claim for developing NSF varies depending on the specific facts of each person's case.  For this reason, if you believe you might have NSF, please contact DeCarli Law immediately.

     Go HERE to learn more about gadolinium-based contrast agents.

     Go HERE to learn more about nephrogenic systemic fibrosis (NSF), including how NSF is diagnosed.

Free Telephone Consultations on Massachusetts NSF Claims

We represent all individuals suffering from NSF or NFD in a gadolinium lawsuit or NSF lawsuit on a contingency basis. This means you pay no legal fees unless we win compensation in your case. For a free no obligation consultation, please call toll free at 1-800-401-4720 or fill out our short online contact form. A Gadolinium NSF lawsuit attorney will contact you to answer any of your questions.


The DeCarli Law NSF attorneys will provide consultations and investigate MRI side effect claims for residents of all Massachusetts cities and towns, including Boston, Agawam, Amherst, Andover, Arlington, Attleboro, Barnstable Town, Beverly, Billerica, Braintree, Brockton, Brookline, Cambridge, Chelmsford, Chelsea, Chicopee, Danvers, Dartmouth, Dracut,Everett, Fall River, Falmouth, Fitchburg, Framingham, Franklin, Gloucester, Haverhill, Holyoke, Lawrence, Leominster,Lexington, Lowell, Lynn, Malden, Marlborough, Medford, Melrose, Methuen, Milford, Milton, Natick, Needham, New Bedford, Newton, North Andover, North Attleborough, Northampton, Norwood, Peabody, Pittsfield, Plymouth, Quincy, Randolph, Revere, Salem, Saugus, Shrewsbury, Somerville, Springfield, Stoughton, Taunton, Tewksbury, Waltham, Watertown, Wellesley, West Springfield, Westfield, Weymouth, Woburn, and Worcester.

Selected Massachusetts Statutes:

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.