Montana MRI Side Effect Lawsuits

Montana 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 offer a free, no-obligation telephone consultations to any Montana resident who believes he or she might have NSF/NFD.

Montana NSF Lawsuits, Montana MRI Lawsuits, Montana Gadolinium Lawsuits

A Montana gadolinium lawsuit, or NSF lawsuit, is brought against the manufacturer(s) of the gadolinium-based contrast agent that caused the Montana resident to develop NSF.  It is a product liability claim because the gadolinium-based contrast agents that cause NSF are defective products.  Most Montana product liability lawsuits include causes of action for strict liability, negligence, and breach of warranty.

Montana Statutes of Limitations for NSF Claims

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

The statute of limitations for personal injury and wrongful death claims in Montana is three years.  NSF is a personal injury, therefore this three-year statute applies to a Montana NSF claim.  Montana law also recognizes the discovery doctrine, which means that the statute of limitations does not begin to run until a person has discovered the facts constituting their claim.  How this doctrine applies to an individual case can be a complicated legal issue, so Montana residents who believe they may have NSF should not delay in consulting with an attorney regarding a potential claim.

PLEASE NOTE: When the statute of limitations begins to run for a specific person's right to bring a claim for developing NSF varies depending on the unique facts of that 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 Montana NSF Claims

Relevant Montana Limitation Statutes:

Montana Code Annotated 2009

Title 27. Civil Liability, Remedies, and Limitations

Chapter 2. Statutes of Limitations

Part 1. General Provisions

27-2-102. When action commenced.  (1) For the purposes of statutes relating to the time within which an action must be commenced:

     (a) a claim or cause of action accrues when all elements of the claim or cause exist or have occurred, the right to maintain an action on the claim or cause is complete, and a court or other agency is authorized to accept jurisdiction of the action;

     (b) an action is commenced when the complaint is filed.

     (2) Unless otherwise provided by statute, the period of limitation begins when the claim or cause of action accrues. Lack of knowledge of the claim or cause of action, or of its accrual, by the party to whom it has accrued does not postpone the beginning of the period of limitation.

     (3) The period of limitation does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the injured party if:

     (a) the facts constituting the claim are by their nature concealed or self-concealing; or

     (b) before, during, or after the act causing the injury, the defendant has taken action which prevents the injured party from discovering the injury or its cause.

     (4) Subsection (3) does not apply to actions involving the limitations contained in 27-2-205.

Part 2. Time Limits on Specific Kinds of Actions

27-2-204. Tort actions -- general and personal injury.  (1) Except as provided in 27-2-216 [childhood sexual abuse] and 27-2-217 [ritual abuse of minor], the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.

     (2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.