60-524. Limitations on actions for recovery of damages by Dalkon Shield victims.
60-524
60-524. Limitations on actions for recovery of damages by Dalkon Shieldvictims.(a) Except as provided in subsection (c), notwithstanding anyother limitation contained in article5of chapter 60 of the Kansas Statutes Annotated, any civil action, except anaction for relief on the ground of fraud, brought by, or on behalf of, anyDalkon Shield victim against the Dalkon Shield claimant's trust, shall bebrought in accordance with procedures established by the A.H. Robins company,inc. plan of reorganization, and shall be brought within 10 years of the timeinwhich such cause of action shall have accrued.
(b) Any civil action for relief on the ground of fraud brought by, or onbehalf of, any Dalkon Shield victim against the Dalkon Shield claimant's trust,shall not be deemed to have accrued until the fraud of A.H. Robins company,inc. was discovered, without regard to the date any physical injury occurred.
(c) The provisions of this act shall not affect any applicable statute ofrepose as otherwise provided by law.
(d) The provisions of this section shall be part of and supplemental to theprovisions of article 5 of chapter 60 of the Kansas Statutes Annotated.
History: L. 1994, ch. 278, § 1; July 1.