Statute of Limitations in Actos Cases
Attorney Michael Grossman Discusses The Statute of Limitations for Filing an Actos Drug Injury Claim or Lawsuit
If you or someone you love has developed bladder cancer as a result of using the drug Actos, then you’re likely wondering how long you have to pursue compensation for the severe harm you have suffered. No matter what type of personal injury that has befallen you, whether or not you have a right to pursue compensation through a civil lawsuit depends upon whether or not you have a “cause of action.” In other words, did the defendant fail to fulfill a legal duty to you, causing you injury? However, the right to a cause of action isn’t unlimited and comes with a time limit – what is known as the statute of limitations. You have a certain amount of time to file a personal injury lawsuit, or then the cause of action expires no matter how strong the merits of your case.
Throughout the United States, statutes of limitations differ depending upon the state and the cause of action in question. However, most states have a statute of limitations that runs for two years after the date of the injury suffered. Unfortunately, this standard does not pinpoint the start of the statute of limitations in drug injury cases, where the issue of when the injury occurs is much murkier than many other types of accidents. Did the injury occur when the patient began taking Actos, when the bladder cancer first manifested itself, or when the victim first became cognizant of the connection between the cancer and the drug that likely caused it?
As with most causes of action, the court wants to do what it can to maximize victims’ opportunities to pursue compensation. Thus, in most jurisdictions, the court rules that the statute of limitations is extended, beginning only when the victim should have known about the danger presented by the drug. When this point has occurred can differ. In some cases, the drug manufacturer makes a public announcement that the drug is causing side effects; thus, the plaintiff should then know about the danger, starting the statute of limitations. However, in most drug injury cases, the court rules that the statute of limitations begins after the Food and Drug Administration makes a press release making the danger of the drug public. At this point, the drug manufacturer’s negligence is public knowledge. Regarding the hazard presented by Actos, the FDA went public in June of 2011.
In most drug injury cases, the victims may have been taking the dangerous drug regularly for many years before the risk became known. Thus, the court must extend the statute of limitations to the point at which the danger became public, or most of the people who are harmed will be excluded from pursuing compensation or the debilitating cancer they’ve had to fight through or robs them of their lives. Still, defendants have every right to argue that the statute of limitations should not be lengthened in this particular case, increasing your need for a skilled and seasoned Texas drug injury attorney who can refute their claims and protect your right to be compensated fairly.
Multi-District Litigation Complicates Statutes of Limitations Further
In drug injury cases, the issue of when the statute of limitations begins is further muddled by the possibility that several jurisdictions could be involved in the case. People living throughout the United States have suffered Actos injuries, and very few of them live in Washington State where the drug is manufactured and the parent company Takeda Pharmaceuticals is located. Thus, which jurisdiction determines the statute of limitations?
For the judge presiding over the representative case that will establish damages for all other cases, the task is very challenging. The jurisdiction for the representative case was likely chose for some specific reason based upon the rules and procedures of that particular locale or because it’s the home jurisdiction of the defendant. The presiding judge will establish a hybrid between the laws of his or her jurisdiction and the laws of the jurisdictions of subsequent Actos injury cases. While the damage caps, procedures, and rules of evidence will be those of jurisdiction handling the representative case, the statute of limitations will be that of the jurisdiction in which the victim was injured. In other words, you retain the statute of limitations of your state, which is two years in Texas but three years in neighboring Arkansas.
When it comes to Actos, a Joint Panel on Multi-District Litigation is convening in Savannah, Georgia on December 1, to hear a motion to establish a Multi-District Litigation for drug injuries stemming from the drug. The Actos MDL will then likely begin by the end of this year with discovery requests following in early 2012.
Whatever the Statute of Limitations, Fast Action is a Must
While you have two years from June of this year to file a claim against Takeda Pharmaceuticals, that doesn’t mean you want to wait. After the first representative case from the MDL is resolved, the presiding judge will likely order the defendant to put a certain amount of funds in trust to pay all of the subsequent defendants who can prove they were injured by Actos. While the sum will be quite large, there are potentially thousands of people who will file claims. Thus, in order to get the full amount you deserve, you must file your claim quickly and secure the services of an aggressive attorney who will make sure you get your fair sure of the trust that has been set aside. The longer you wait, the greater the chance you end up with nothing.
Grossman Law Offices is Here to Help
With over 20 years of experience handling drug injury and other personal injury and wrongful death cases, the Texas drug injury attorneys at Grossman Law Offices have the knowledge and expertise to make sure you get the compensation you deserve.
We’ve taken on big business and major insurance companies alike and delivered millions and millions of dollars to our clients, so we’re not afraid of a challenge. We understand that all drug injury cases are unique, so they all require personal care. We know two years sounds like a long period of time, but you must act now to make sure you have a chance to recover the compensation to which you are entitled. To find out how we can help you overcome the negative fallout that you’ve experienced at the hands of Actos, call us now for a free consultation at 1-855-589-5652 (toll free).