Discovery rule; statute of limitations. (SB90)

Introduced By

Sen. Dave Marsden (D-Burke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Discovery rule; statute of limitations. Provides that the period of limitations for filing a cause of action for injury resulting from implanted medical devices, toxic exposure, or prescribed or over-the-counter medications accrues from the time the person knew or should have known of the injury and its causal connection to such device, substance, or medication. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/22/2015Prefiled and ordered printed; offered 01/13/16 16101036D
12/22/2015Referred to Committee for Courts of Justice
01/27/2016Reported from Courts of Justice with amendment (13-Y 2-N) (see vote tally)
01/27/2016Reported from Courts of Justice with amendment (12-Y 2-N) (see vote tally)
01/29/2016Constitutional reading dispensed (36-Y 0-N) (see vote tally)
02/01/2016Read second time
02/01/2016Reading of amendment waived
02/01/2016Committee amendment agreed to
02/01/2016Engrossed by Senate as amended SB90E
02/01/2016Printed as engrossed 16101036D-E
02/02/2016Read third time and passed Senate (34-Y 6-N) (see vote tally)
02/05/2016Placed on Calendar
02/05/2016Read first time
02/05/2016Referred to Committee for Courts of Justice
02/16/2016Assigned App. sub: Civil Law
02/16/2016Assigned Courts sub: Civil Law
02/17/2016Subcommittee recommends reporting (10-Y 0-N)
02/24/2016Reported from Courts of Justice (22-Y 0-N) (see vote tally)
02/25/2016Read second time
02/26/2016Read third time
02/26/2016Passed House BLOCK VOTE (97-Y 0-N)
02/26/2016VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
02/29/2016Enrolled
02/29/2016Bill text as passed Senate and House (SB90ER)
02/29/2016Signed by Speaker
03/03/2016Signed by President
03/04/2016Enrolled Bill Communicated to Governor on 3/4/16
03/04/2016G Governor's Action Deadline Midnight, March 11, 2016
03/11/2016G Approved by Governor-Chapter 353 (effective 7/1/16)
03/11/2016G Acts of Assembly Chapter text (CHAP0353)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 56 seconds.

Transcript

This is a transcript of the video clips in which this bill is discussed.

FAIRFAX COUNTY, SENATOR MORRIS SN. THANK YOU, MR. PRESIDENT. I MOVE THE BILL PASS AND SPEAKING TO THE MEASURE THE THANK YOU, MR. PRESIDENT. SENATOR HAS THE FLOOR. THIS LEGISLATION SEEKS TO CHANGE VIRGINIA'S STATUTE OF LIMITATIONS RULE FOR PRODUCT LIABILITY AS IT RELATES TO THE IMPLANTATION OF MEDICAL DEVICES. CURRENTLY VIRGINIA'S ROOM IS THAT AN INDIVIDUAL HAS TWO YEARS FROM THE IMPLANTATION OF THE MEDICAL DEVICE TO FILE SUIT. THIS LEGISLATION WOULD ADD AN EXEMPTION TO THE CURRENT EXEMPTION LIST, CHANGING THE STATUTE TO TWO YEARS FROM THE TIME -- CHANGING THE STATUTE TO TWO YEARS FROM THE TIME THE INJURY IS DISCOVERED. OFTEN TIMES THE STATUTE OF LIMITATIONS RUNS OUT BEFORE AN INDIVIDUAL DISCOVERS THAT THEIR HEALTH AILMENT IS THE RESULT OF A MALFUNCTIONING MEDICAL DEVICE. THIS FIXES THAT AND I URGE US TO PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 90 RECORD THEIR VOTES AYE, THOSE OPPOSED NO.