Fungal Meningitis Outbreak: Deadlines for Taking Legal Action for Those Receiving Injections in Tennessee

Those who have contracted fungal meningitis as a result of an epidural steroid injunction in Tennessee must file a lawsuit against the responsible parties within one year of the time they knew or reasonably should have known that they were injured by the contaminated steroid.  , 

Because the "knew or reasonably should have known" language leaves room for interpretation, those harmed by the drug should work on the assumption that the one year deadline began to run on the date the injection that caused the infection unless a fungal meningitis lawyer familiar with all of the facts advises to the contrary.  

This one-year deadline includes out-of-state residents who contracted the disease after receiving injections here, although different rules may apply depending on other facts.  No state imposes a deadline shorter than Tennessee’s one-year deadline, and therefore this is a conservation assumption to use until a lawyer familiar with all of the facts can tell you if a different deadline applies to you.

If you or your injured family member received more than one injection and are unsure which injection caused the injury, you should work under the assumption that the one year begins to run from the date of the earliest injection that could have caused the injury until you consult with a lawyer.  It appears that the earliest injections could have been given in June, although this situation is still so new and those it is possible that contaminated injections could have been given earlier.

One year seems like a long time.  It is not.  Medical records must be obtained and studied.  Experts must be consulted.  Other factual and legal investigation must be conducted.  In short, it makes sense to contact and employ an attorney early to help you with your case.

Unsure which lawyer to hire?  Read our Legal Guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases."  This document will give you a list of factors to consider which lawyer you should hire.

For other information fungal meningitis cases, click on the following links:

Who Has Legal Liability Arising From the Fungal Meningitis Outbreak?

Fungal Meningitis, Tort Reform, and Damages in Tennessee Personal Injury and Wrongful Death Cases

Fungal Meningitis Outbreak: Do Those Who Received Contaminated Steroids But Who Do Not Get Fungal Meningitis Have A Claim for Damages Under Tennessee Law?

Fungal Meningitis Outbreak: Tort Reform Legislation Sponsor Still Doesn’t Get It.

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John Day and the other lawyers in his firm represent people who have been injured or lost a loved one due to the negligence of another person or company. John has been listed in Best Lawyers for 20 years, and has the highest legal rating a lawyer can earn by the legal rating services Martindale and AVVO.

An author of three books on personal injury and wrongful death law and over 50 articles for legal publications, John has given approximately 300 speeches to lawyers in over 15 states on personal injury, wrongful death, and related subjects. He represents people across Tennessee in personal injury, wrongful death, medical malpractice, products liability and other civil cases. To read what John’s clients have said about him and his law firm, click here.

If you believe that you or a loved one have contracted fungal meningitis from an epidural steroid injection, John will consult with you at no cost or obligation.  Call him at 615.742.4880 or tollf-ree at 866.812.8787. You may also fill out our Contact Form and we will call you.