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Bankruptcy Litigation Medical Malpractice Products Liability

Product Liability, Bankruptcy and the Proceeds of Legal Action

A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?

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When does a cause of action accrue for an injury caused by an implanted medical device?

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