2019 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 030 - Actions and Suits in Particular Cases
Section 30.908 - Action arising out of injury from breast implants; limitations.
(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 limitation or statute of ultimate 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 health care facility licensed under ORS chapter 441 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; 2009 c.485 §10; 2011 c.9 §3]
