Most civil lawsuits, including dangerous pharmaceutical drugs lawsuits, have a statute of limitations in place to help preserve evidence and give both sides a fair shot. If you’re planning to file a Zofran (also known as ondansetron or Zuplenz) lawsuit, it’s important to understand what statute of limitations are and how it applies to the state you live in.
What Are Statute of Limitations?
Statute of limitations is, simply put, the time frame in which a plaintiff is allowed to file a civil lawsuit. In criminal charges, statutes of limitations give the prosecution a certain amount of time to file charges against the defendant, although in some criminal cases, such as murder, statute of limitations do not apply.
For civil cases, however, statute of limitations are almost always enforced. Every state in the nation has its own statute of limitations for civil cases, which can fall anywhere from one year until six years, depending on state laws.
Zofran Statute of Limitations
Zofran statute of limitations aren’t as clear-cut as other types of civil cases, as there are various aspects that are taken into consideration. For example, while one state may honor “the discovery rule” in Zofran lawsuits, other states may not.
The discovery rule means that the state’s statute of limitations begins from the date that the cause of the lawsuit was discovered. For instance, if your state has a statute of limitation of one year, you will have one year from the time you infant developed birth defects or within a year from when you discovered your infant’s birth defects to file the lawsuit. If your state doesn’t honor the discovery rule, the statute of limitations begins from the time the problem developed, whether you discovered it later or not.
In some states, a Zofran lawsuit statute of limitations begins from the day the baby was born. For example, in a state that honors a two-year statute of limitations period, you must file your lawsuit before your child’s 2nd birthday.
Another issue that arises in Zofran statute of limitations cases is if the drug manufacturer willfully concealed information about the drug’s risks. For instance, GlaxoSmithKline, the makers of Zofran, are currently facing numerous lawsuits in which they are accused of covering up information to the public regarding the risks of birth defects if the medication is taken by pregnant women. If your state honors the “fraud” rule, the statute of limitations doesn’t start until the time you discover that company may been suppressing information.
Many cases involve children who are now in school, living with medical issues that arose during birth. However, since their mothers didn’t know that GlaxoSmithKline reportedly hid information about the dangers of the drug when taken by pregnant women, they didn’t file their lawsuits until years later, when they discovered the studies done on the effects of infants associated with Zofran.
Zofran Wrongful Death Statute of Limitations
Unfortunately, infants have passed away due to birth defect complications and pregnancy complications. In these cases, the statute of limitations generally start on the day that the baby died, or the day that the mother had to terminate the pregnancy.
Before You File Your Zofran Lawsuit
It’s crucial to understand your state’s laws before filing a Zofran lawsuit. If you are thinking of filing your case, it’s recommended to speak with an experienced Zofran attorney as soon as possible, who will be able to explain the laws in your state and advise you on how much time you have.
For additional information on how to find a Zofran attorney and what you can expect during a Zofran lawsuit, visit our article, Zofran Lawyer. For additional information on GlaxoSmithKline and its record of fraud, visit our article, GlaxoSmithKline Lawsuits.