Rhode Island MRI Side Effect Lawsuits
Rhode Island 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 Rhode Island resident who believes he or she might have NSF/NFD.
Rhode Island NSF Lawsuits, Rhode Island MRI Lawsuits, Rhode Island Gadolinium Lawsuits
A Rhode Island gadolinium lawsuit, or NSF lawsuit, is brought against the manufacturer(s) of the gadolinium-based contrast agent that caused the Rhode Island resident to develop NSF. It is a product liability claim because the gadolinium-based contrast agents that cause NSF are defective products. Rhode Island law permits product liability suits based on strict liability, negligence, and breach of the Uniform Commercial Code warranties of merchantability and fitness.
Rhode Island Statutes of Limitations for NSF Claims
The State of Rhode Island and Providence Plantations, like most other jurisdictions, places deadlines on when a person can file a lawsuit. These deadlines are called statutes of limitations. Rhode Island residents who have developed NSF have the benefit of Rhode Island law, which provides for statutes of limitations that are a bit longer than those of many other states.
Under Rhode Island law, claims for personal injury or wrongful death based on strict liability, negligence, or breach of warranty, are subject to a three-year statute of limitations. Many other states have only a two-year period or less. Rhode Island courts also apply the "discovery rule" to pharmaceutical cases. Under the discovery rule, the statute of limitations does not begin to run until the injured person discovers or reasonably should have discovered the injury upon which the lawsuit is based. A claim made by a person suffering from NSF caused by a gadolinium-based contrast agent is considered a pharmaceutical case.
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 Rhode Island 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 Rhode Island cities and towns, including Providence, Warwick, Cranston, Pawtucket, East Providence, Woonsocket, Coventry, North Providence, Cumberland, West Warwick, Johnston, South Kingstown, Newport, North Kingstown, Westerly, Bristol, Lincoln, Smithfield, Central Falls, Westerly, Middletown, Portsmouth, Barrington, Narragansett, Burrillville, Tiverton, East Greenwich, Valley Falls, Newport East, Warren, North Smithfield, Scituate, and Glocester.
Relevant Rhode Island Limitation Statutes:
TITLE 9 Courts and Civil Procedure/Procedure Generally
CHAPTER 9-1 Causes of Action
§ 9-1-14 Limitation of actions for words spoken or personal injuries. – (a) Actions for words spoken shall be commenced and sued within one year next after the words spoken, and not after.
(b) Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein.
(c) As to an action for personal injuries wherein an injured party is entitled to proceed against an insurer pursuant to § 27-7-2, where an action is otherwise properly filed against an insured within the time limitations provided for by this section, and process against the insured tortfeasor has been returned "non estinventus" and filed with the court, then the statutory limitation for filing an action under § 27-7-2 directly against an insurer shall be extended an additional one hundred twenty (120) days after the expiration of the time limitation provided for in subsection (b) herein.
§ 9-1-14.1 Limitation on malpractice actions. – Notwithstanding the provisions of §§ 9-1-13 and 9-1-14, an action for medical, veterinarian, accounting, or insurance or real estate agent or broker malpractice shall be commenced within three (3) years from the time of the occurrence of the incident which gave rise to the action; provided, however, that:
(1) One who is under disability by reason of age, mental incompetence, or otherwise, and on whose behalf no action is brought within the period of three (3) years from the time of the occurrence of the incident, shall bring the action within three (3) years from the removal of the disability.
(2) In respect to those injuries or damages due to acts of medical, veterinarian, accounting, or insurance or real estate agent or broker malpractice which could not in the exercise of reasonable diligence be discoverable at the time of the occurrence of the incident which gave rise to the action, suit shall be commenced within three (3) years of the time that the act or acts of the malpractice should, in the exercise of reasonable diligence, have been discovered.