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Ohio Rev. Code Ann. § 2305.101

Limitation of actions against Dalkon Shield claimants trust

Known as the Uniform Duties to Incapacitated Persons Act

The act spans §§ 2305.01 to 2305.52 (79 sections).

Applied in 1 court decision — leading case Kienzler v. Dalkon Shield Trust (1997)

Most recently applied in Kienzler v. Dalkon Shield Trust (November 1997)

Effective: August 16, 1995; Latest Legislation: House Bill 371 - 121st General Assembly

(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.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.