Washington MRI Side Effect Lawsuits
Washington 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 Washington resident who believes he or she might have NSF/NFD.
Washington NSF Lawsuits, Washington MRI Lawsuits, Washington Gadolinium Lawsuits
A Washington gadolinium lawsuit, or NSF lawsuit, is brought against the manufacturer(s) of the gadolinium-based contrast agent that caused the Washington resident to develop NSF. It is a product liability claim because the gadolinium-based contrast agents that cause NSF are defective products.
In 1981, the Washington legislature passed the Washington Product Liability Act (WPLA). The WPLA creates a single product liability action, called a "product liability claim." This claim consolidates common law theories that were previously used to bring product liability actions, including negligence, strict liability in tort, and breach of warranty. This encompasses the theories for holding the manufacturers of gadolinium-based contrast agents liable for people's injuries from NSF.
Washington Statute of Limitations for NSF Claims
Under the WPLA, the statute of limitations for a Washington product liability claim is three years from the time the claimant discovers "the harm and its cause." The three-year period begins running when a person "discovered, or . . . should have discovered, a factual causal relationship of the product to the harm." This three-year period is a bit longer than the statutes of limitations that apply to NSF claims in other states, many of which are only two years.
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 Washington 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 Washington cities and towns, including Seattle, Spokane, Tacoma, Vancouver, Bellevue, Everett, Federal Way, Kent, Yakima, Bellingham, Lakewood, Kennewick, Shoreline, Renton, Redmond, Kirkland, Olympia, Auburn, Edmonds, Richland, Bremerton, Seattle Hill-Silver Firs, Longview, Cascade-Fairwood, Sammamish, Lynnwood, Puyallup, Pasco, Burien, South Hill, Lacey, Bothell, University Place, Walla Walla, East Hill-Meridian, Des Moines, Wenatchee, Mount Vernon, North Creek, SeaTac, Marysville, Opportunity, Pullman, Paine Field-Lake Stickney, Cottage Lake, Parkland, Picnic Point-North Lynnwood, Inglewood-Finn Hill, Mercer Island, and Spanaway.
Relevant Washington Statute:
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.