What happens if I miss the deadline?

The claim is normally barred and the court will dismiss it without reaching the merits. Narrow exceptions exist, principally tolling for minors or people lacking capacity and discovery rules where the injury was not reasonably discoverable, but they are exceptions rather than the norm.

Does the clock start at exposure or at diagnosis?

For most long-latency claims it starts at diagnosis, or at the point a reasonable person would have connected the harm to its cause. For claims where the injury is immediately obvious it generally starts at the event itself.

Can a deadline be paused?

Sometimes. Most states pause the period while the injured person is a minor or lacks legal capacity, and a pending class action can pause it for absent class members until certification is decided. Fraudulent concealment by a defendant can also toll it.

What is a statute of repose?

An absolute outer limit measured from a fixed event such as sale or implantation, rather than from injury or discovery. Where one applies it can bar a claim even if the injury was discovered later and the discovery rule would otherwise have helped.

Do I have to file suit by the deadline or just hire a lawyer?

The lawsuit itself must be filed with the court, or the required administrative claim submitted where one is a prerequisite. Contacting a lawyer does not stop the clock, and representation arranged close to a deadline may not leave enough time to prepare.

CPAP Lawsuit Deadline: How Long You Have to File

Which Clock Applies

State personal injury periods apply for injury claims, commonly two to three years. Economic loss claims follow state consumer protection or warranty periods, which are often different.

Limitation periods are set by state law and differ between states, between claim types and sometimes between defendants. Nothing on this page substitutes for confirming the period that applies where your claim would be brought.

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A missed deadline usually ends the claim outright

Limitation is jurisdictional rather than procedural. Once the period expires a court will normally dismiss regardless of how strong the evidence is, and defendants raise it as an early defence precisely because it avoids the merits entirely.

When the Clock Starts

For injury claims the clock generally runs from diagnosis or from when the connection to the device became reasonably apparent, which for many users was the recall announcement.

This is the fact most worth establishing early, because it is frequently more contested than whether the period has run. Fixing it to a document rather than to recollection is what makes the answer defensible.

The recall announcement is a likely discovery date

Widely publicised recalls can be treated as the point at which a reasonable person would have connected symptoms to the device. That makes the recall date a plausible start for the period, which is why delay is risky.

Economic loss claims are separate and often shorter

A claim for the cost of a recalled device or its replacement is economic, not personal injury, and runs on a different and frequently shorter clock.

Participating in a settlement programme has its own deadlines

Programme registration and claim submission dates are contractual, not statutory, and missing them forfeits participation regardless of your limitation period.

What to Do Now

Register the device and keep the recall correspondence. It documents both your device and the date the issue became known to you.

This sits within our wider coverage of CPAP and Respiratory Device Lawsuits, which sets out the shared background these cases have in common.

Before You Act

Thinking About Filing a Claim?

Most plaintiff lawyers offer a free initial consultation and work on contingency, meaning no fee unless there is a recovery. LawsuitWatch is not a law firm: we publish explainers, and we do not provide legal advice, representation or referrals. Your state bar directory is the reliable place to find and verify a lawyer.

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