I was prescribed Accutane more than 10 years ago. Is there a statute of limitations which would keep me from pursuing a defective drug lawsuit?
A. Every state in America has statutes of limitations setting forth how soon you must pursue legal action after suffering an injury. In many cases the time frame is two years. However, persons who took an acne medication could not be expected to know that a bowel disease arising years later was due to such acne treatment, and since users were not warned by the manufacturer of potential dangers, juries are not sticking strictly to statutes of limitations. Instead, they’re allowing a “discovery” rule which holds that statutes of limitations don’t apply until a victim becomes alerted that his or her side effects injury was caused by a defective drug. If you just learned this information today, you may have two years to file a lawsuit, though it’s best not to wait.
