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Cobalt Chromium Toxicity

Zofran Statute of Limitations

What is the statute of limitations on Zofran cases? The statute of limitations is the time period in which you can bring a lawsuit. Unfortunately, the answer to the question what is the statute of limitations really involves a detailed analysis of the facts of each individual’s case and the law in their state of legal residence. Every state has a different statute of limitations. In some states, it is only one year. In other states, it could be up to six years.

Every state also has different exceptions to the statute of limitations. Some states have what we call the “discovery rule”. The discovery rule is the theory that the statute does not start to run until you discover that you have a claim. So, if you just discovered the link between Zofran and birth defects, the statute would start to run from the date of that discovery.

However, some states do not have the discovery rule. Another exception to the statute of limitations is “fraud”. If a defendant is intentionally concealing a link between a drug and a birth defect, that concealment or fraud can “toll” the statute of limitations. Tolling means the statute does not run during the period the statute is tolled, or legally suspended.

Other states have statutes where if there is a birth defect being alleged that the statute runs from the date that the child is born. Most states with this kind of statute have no exceptions. For example, in some states there may be a statute that says if you’re born with a birth defect you have six years from the date of birth to bring a claim and that your date of discovery is irrelevant to the running of that statute.

The statute of limitations on a case really involves a detailed analysis of your state’s law and the facts of your particular case. So, if you took Zofran and have a child with a birth defect, it’s very important to call an attorney immediately. Our attorneys will do an analysis of your individual circumstances to determine when you have to file a case. At our firm, we do this every day. Call us for a free case consultation at (916) 520-6639.

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