Embracing Statutes of Repose
Litigation attorney Eric Alexander published a blog for Drug & Device Law analyzing statutes of repose in product liability litigation and their application in In re Bair Hugger Forced Air Warming Products Liability Litigation. Eric details how the court applied Tennessee's statute of repose to bar a plaintiff's claims filed more than six years after her alleged injury and rejected efforts to invoke exceptions not contained in the statute. He says that statutes of repose can provide greater certainty than statutes of limitations because they establish firm deadlines that are not dependent on when a plaintiff discovers an alleged injury and highlights their potential role in efficiently resolving time-barred claims in mature multidistrict litigation.