Statute of Limitations Defective Drugs | Prescription Medication Side Effects Lawsuits
A common question is how long do I have to file a claim for a defective drug? Defective drugs such as Actos, Avandia, Chantix, Yaz, Pradaxa, and others are growing in the number of claims. But what is important to remember is how long you have before you can file a case. To learn more about how long you have to file a case, read below.
How long do I Have to File a Defective Drug Lawsuit Against Pharmaceutical Companies
Depending on the state or jurisdiction in which you reside the time limitations can be different. If you are filing a personal injury cause of action you have 2 years from the date of injury to file a lawsuit in California. Click here for a For a state by state list of Statute of Limitations for Defective Dangerous Medication Claims. Product liability lawsuits must also be filed within 2 years from the date of injury. Below are a few examples of how the statute of limitations work:
Example #1: Client takes Actos in 2001 and is diagnosed with kidney failure in 2010. Prior to being diagnosed with kidney failure they had no prior history or knowledge that Actos was the cause of injury. This allows them 2 years from 2010 to file a lawsuit for their injuries. Even though they took Actos in 2001 the statute won’t begin to run until they have knowledge of the injury.
Example #2: Client is given a prescription for Chantix in 2005 and suffers a debilitating stroke and is unable to file a clam or seek legal assistance for her injuries until 2011. In such cases the statute will be “tolled”. A statute can be tolled or stopped when there is a serious medical impairment. In this case the statute can likely be tolled due to the clients medical or health issues.
While these are just examples, they help to better understand that statute issue with regards to your claim. If you are thinking of filing a product liability case for injuries sustained from taking a prescription drug, contact our offices free consultation.
What if I live in a different state?
Most product liability cases dealing with defective drugs are handled in Federal Court. Cases handled in Federal Court are not based on jurisdiction. This allows an attorney from California to represent a client in North Carolina.
Our offices will coordinate with you and obtain permission to access necessary medical data to evaluate and analyze your case. After analyzing the facts and details pertaining to your case, we will file with the proper Federal Court and begin pursuing your case. It is important that you keep all medical data, prescriptions, names of doctors and hospitals you have visited for review.
Unlike lower court cases which are dealt with in the injured parties geographic area, Federal Court cases are different in nature. Such cases do not require that you file or work with an attorney in your particular jurisdiction.
The benefits to this type of cases are that you can select an attorney from a renowned or well known law firm and are not bound by a firm in your state or town. This provides tremendous value to the injured party.
Should I join a class action lawsuit for a defective drug?
Class action lawsuits are not for every claimant. While class action law suits can be convenient they may not address all of your particular issues. If you have been injured significantly and decide to join a class action lawsuit, your claims will be joined with the other members of the class. As a result any settlement that is ultimately handed out will likely not be in proportion to your injuries.
Example #1: A client who suffered multiple strokes after taking Actos decides to join a class action lawsuit. Other members of the class have significantly less injuries. A settlement is awarded and the client who suffered significant injuries was not awarded her appropriate share of damages. However, because she joined a class action lawsuit she was unable to seek increased benefits for her injuries.
In such cases it is not advisable to join a class action lawsuit for your injuries. The reason being that class action lawsuits do not serve the best interest of the injured party. In fact very rarely does it make sense to participate in such mass injury cases.
Opting out is the ideal solution. Your attorney can help you opt out of a class action lawsuit with relative ease. It requires certain forms which will essentially remove you from any class action settlement and allow you to independently pursue your own case.
More Information: To schedule a free no-cost consultation regarding your claim contact our law firm toll free (855)-385-2529.