(1) Notwithstanding ORS 30.020, a product liability civil 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) A product liability civil action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 30.905 or any other statute of repose in Oregon Revised Statutes.
(3) 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.
(4) Subsections (1) to (3) of this section do not apply to a person that supplied component parts or raw materials to manufacturers of breast implants containing silicone, silica or silicon as a component, and the person shall remain subject to the limitations on actions imposed by ORS 30.020 and 30.905, 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) A physician licensed pursuant to ORS chapter 677 is not a manufacturer, distributor, seller or lessor of a breast implant for the purposes of ORS 30.900 to 30.920 if the implant is provided by the physician to a patient as part of a medical implant procedure.
(6) A health care facility licensed under ORS chapter 442 is not a manufacturer, distributor, seller or lessor of a breast implant for the purposes of ORS 30.900 to 30.920 if the implant is provided by the facility to a patient as part of a medical implant procedure. [1993 c.259 §§4,5; 2007 c.71 §10]
Section: Previous 30.882 30.890 30.892 30.895 30.900 30.905 30.907 30.908 30.910 30.915 30.920 30.925 30.927 30.930 30.931 NextLast modified: August 7, 2008