2006 Ohio Revised Code - [2305.10.1] 2305.101.Actions against dalkon shield claimants trust.

[§ 2305.10.1] § 2305.101. Actions against dalkon shield claimants trust.
 

(A)  Notwithstanding the limitations provided for in sections 2125.02 and 2305.10 of the Revised Code, a claimant who alleges bodily injury or wrongful death caused by the effects of the Dalkon Shield intrauterine device and who has filed a claim in the A.H. Robins bankruptcy reorganization in the United States bankruptcy court for the eastern district of Virginia, Richmond division, may bring an action in this state against the Dalkon Shield Claimants Trust for bodily injury or wrongful death caused by the effects of the Dalkon Shield intrauterine device, within one year from the date of the certification by the United States district court or the United States bankruptcy court for the eastern district of Virginia, Richmond division, of the right of that claimant to proceed to litigation or arbitration regarding that claim, or within six months from the effective date of this section, whichever is later. 

(B)  Division (A) of this section applies to all actions for bodily injury or wrongful death caused by the effects of the Dalkon Shield intrauterine device, including actions that may have been barred prior to the effective date of this section by dismissal pursuant to a court order or otherwise. 
 

HISTORY: 146 v H 371. Eff 8-16-95.
 

The provisions of § 2 of HB 371 (146 v  - ) read as follows: 

SECTION 2. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for the necessity is that, due to the decision of the United States Supreme Court in Bendix Autolite Corp. v. Midwesco Enterprises, Inc. (1988), 486 U.S. 888, that declared Ohio's tolling provisions pertaining to out-of-state defendants in section 2305.15(A) of the Revised Code to be unconstitutional as impermissibly burdening interstate commerce and due to the decision of the United States Supreme Court in Reynoldsville Casket Co. v. Hyde (1995), 1995 WL 283463, that declared that those tolling provisions did not continue to apply to tort claims that accrued before the decision in Bendix despite a contrary decision of the Ohio Supreme Court in Hyde v. Reynoldsville Casket Co. (1994), 68 Ohio St.3d 240, an immediate, reasonable extension of the statutes of limitations for the commencement of a tort action based on bodily injury or an action for wrongful death is necessary so that claimants who filed a claim in the A.H. Robins Bankruptcy Reorganization in reliance on the tolling provisions of section 2305.15(A) of the Revised Code are not denied their right-to-remedy by due course of law under Section 16 of Article I of the Ohio Constitution because of the unanticipated, broad consequences of the holdings in Bendix and Reynoldsville Casket Co. that otherwise could bar claimants from commencing actions in Ohio courts against the Dalkon Shield Claimants Trust for bodily injury or wrongful death caused by the effects of the Dalkon Shield intrauterine device. Therefore, this act shall go into immediate effect.