Limitations of Actions and Suits

ORS 12.276
Action for death, injury or damage resulting from breast implants


(1)

Notwithstanding ORS 12.110 (Actions for certain injuries to person not arising on contract) (1) or 30.020 (Action for wrongful death), an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered:

(a)

The death or specific injury, disease or damage for which the plaintiff seeks recovery;

(b)

The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and

(c)

All other elements required to establish plaintiff’s claim for relief.

(2)

Except as provided in subsections (3) and (4) of this section, an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 12.110 (Actions for certain injuries to person not arising on contract) (1) or 12.115 (Action for negligent injury to person or property) or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.

(3)

An action for death, injury or damage against a physician licensed pursuant to ORS chapter 677, or against a health care facility licensed under ORS chapter 441, resulting from breast implants containing silicone, silica or silicon as a component, remains subject to the limitations imposed by ORS 12.110 (Actions for certain injuries to person not arising on contract) (4), 12.115 (Action for negligent injury to person or property), 30.020 (Action for wrongful death) and 30.075 (Procedure upon death of injured person).

(4)

An action for death, injury or damage against a person that supplied component parts or raw materials to manufacturers of breast implants containing silicone, silica or silicon as a component remains subject to the limitations imposed by ORS 12.110 (Actions for certain injuries to person not arising on contract) (1), 12.115 (Action for negligent injury to person or property), 30.020 (Action for wrongful death) and 30.075 (Procedure upon death of injured person) if:

(a)

The person did not manufacture breast implants containing silicone, silica or silicon as a component at any time; and

(b)

The person was not owned by and did not own a business that manufactured breast implants containing silicone, silica or silicon as a component at any time.

(5)

For the purposes of subsection (1) of this section, an action for wrongful death must be commenced not later than two years after the earliest date that the discoveries required by subsection (1) of this section are made by any of the following persons:

(a)

The decedent;

(b)

The personal representative for the decedent; or

(c)

Any person for whose benefit the action could be brought. [1993 c.259 §2; 2009 c.485 §4; 2011 c.9 §2]
Chapter 12

Notes of Decisions

An action for personal injuries caused by breach of implied warranty is clearly one for which "different limitation is prescribed by statute" under ORS 12.010 and thus is not governed by provisions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


Source

Last accessed
Jun. 26, 2021