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New Court Cases and “Old” Injuries

Attorney Kimberly Beck

New Court Cases and “Old” Injuries

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Every state has its own statute of limitations for injuries caused by drugs.  Kentucky, Louisiana, and Tennessee have the shortest – one year.  Twenty-six states have a two year statute of limitations.  Two states have a six-year statute, which is the longest.

 

The Discovery Rule

Most states recognize what is called a “discovery rule.” That means the clock on the statute of limitations starts to run when the plaintiff knew or should have known that their injuries were caused by the fault of another.

 

Please keep in mind there are all kinds of limitations to the discovery rule and every state and everyone’s case is different.  So, no one should assume they have “plenty of time” to sue.

 

When You “Should Have Known” Zantac Caused Your Cancer

Generally, someone who used Zantac and was diagnosed with cancer before September 2019 probably “should have known” that they might have a case against the makers of Zantac in September 2019 when the FDA press release about the possible connection came out. As a practical matter then, even someone who was diagnosed with cancer caused by Zantac in 2010 can still sue in most states without worrying about the statute of limitations.

 

When You “Should Have Known” Singulair Caused Your Depression

When were you or your child diagnosed with depression?  Let’s say it was ten years ago.  There was probably no reason for you to think that Singulair caused your depression when you were diagnosed.

 

However, there were reasons to wonder if your depression was caused by Singulair in March 2020.  That is when the FDA required Merck to include a black box warning on Singulair.  The new warning told  consumers of the connection between Singulair and those specific injuries.  The FDA also had a press release.  That told the press, like news stations and newspapers, that the FDA wanted the warning made public.

 

Conclusion

Remember, the statute of limitations starts when the injured party “knew of should have known” about the connection between the injury and the product. Many people discovered that Singulair was the cause of their injuries before March 2020.  Some even tried to warn others about the dangers of Singulair. For those people, the clock may have started ticking whenever they actually discovered the connection.

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Kim Beck

Attorney Kimberly Beck

Cincinnati, Ohio

Attorney Kim Beck is the managing member of Beck Law Center, located in Cincinnati, Ohio.  She has 15 years of experience as an attorney, mostly on the defense.  She now represents plaintiffs in personal injury cases involving a variety of injuries caused by defecting drugs/ pharmaceuticals, medical malpractice, and other series accidents.  If you would like more information about her background and experience, please review her profile page.

Attorney Advertisement.  Beck Law Center provided this post as general information and should not be construed as creating an attorney/client relationship.  It may not reflect the current law in your jurisdiction.  It is not intended as a substitute for legal advice.  Further, this correspondence is not protected by privilege.  No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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