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Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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If a person dies of cancer and discovery finds that a

Customer Question

If a person dies of cancer and discovery finds that a product caused the cancer, is there a legal term for this?
JA: What state are you in? It matters because laws vary by location.
Customer: Pennsylvania
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, discovery was a couple months beyond two years after death.
Submitted: 2 months ago.
Category: Legal
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today.

So as you are probably aware, there is a two year time limit to file a lawsuit from a product liability issue from the date of the injury. However, there is a "discovery rule" in Pennsylvania where if the product defect is not discovered at the time of the injury due to its fraudulent concealment, the two year clock does not begin until the point at which a reasonable person would have discovered the defect. For example, if a doctor hides the fact that a medical implant fails, then this would be considered fraudulent concealment and the two year period does not begin to run until a reasonable person would know that the medical implant is defective.

There is also another concept known as "statute of repose" which only applies to improvements on real estate (which doesn't sound applicable based on your description of this being a "product."