Time May Be Running Out To File A Lipitor Diabetes Lawsuit in 2015
Written by Stephen Fields on June 4, 2014
Women who were diagnosed with type 2 diabetes after using Lipitor may be eligible to receive compensation from the manufacturer (Pfizer). However, the time period to file a Lipitor diabetes lawsuit claim is limited. If you fail to meet the deadline, you’ll lose the opportunity to pursue a Lipitor settlement.
The amount of time you have to file a claim depends on your state’s statute of limitations – in essence, a time limit. It varies by state and ranges from 1 to 6 years. The issue that often confuses victims of dangerous drugs is when the statute of limitations for their cases begins. Unfortunately, many injured patients learn too late that there’s a deadline and miss their chance to obtain a financial recovery.
If you or a loved one is suffering from Lipitor diabetes side effects, the Lipitor lawsuit claim filing deadline may be fast approaching. The most important action you can take is to call our experienced Lipitor attorneys. They can help you to determine whether you qualify and how much time you have left based on the circumstances surrounding your case.
Keep in mind, there’s no charge for the consultation and you’re under no obligation to file a lawsuit. If you decide to pursue a claim against Pfizer, there are never any legal fees unless we win compensation for you. Call us today at 1-888-210-9968 for your free case review.
Factors That Determine Your Lipitor Diabetes Lawsuit Deadline
Most states have a statute of limitations of 2 years. Three states – Kentucky, Louisiana, and Tennessee – only give victims 1 year to file a lawsuit. Other states, such as Florida and Maine, allow far more time (4 and 6 years, respectively). It’s worth noting that the rules governing the time limits vary by state.
There are 2 basic rules that affect when your case’s statute of limitations runs out. The first rule involves the point at which you realized – or should have realized – that your diabetes might stem from your use of Lipitor.
For example, suppose you were diagnosed with type 2 diabetes in 2011. However, it wasn’t until 2013 that you stumbled upon an article claiming that use of Lipitor increases the risk of the disease and you decide to file a Lipitor diabetes lawsuit in mid-2014.
In this case, Pfizer might argue that you should have been aware of the connection in early 2012, when the FDA announced mandatory Lipitor warning label changes. If Pfizer successfully argues its point, and you live in a state that has a 2-year statute of limitations, your case may be thrown out.
The second rule takes into account when your diabetes actually started. This rule is more straightforward. The court is likely to consider the date on which you were diagnosed with the disease to be the starting point on your state’s time limit.
Your Lipitor Lawsuit Claim Is Unique To Your Circumstances
Remember, the rules governing the statute of limitations in each state are complicated by the circumstances of each case. It is possible that two victims, both of whom live in the same state, started taking Lipitor on the same day, and were subsequently diagnosed with diabetes, might have different deadlines.
Consider that one victim may have experienced symptoms of the disease – e.g. increased urination, tingling in the extremities, etc. – long before the other victim. Or perhaps the first victim’s doctor informed her years ago that she was showing abnormally high blood glucose levels and suggested Lipitor might be the cause.
In both cases, the court might find that the first victim should have realized there may have been a causal relationship between the medication and her diabetes. As such, the court might start the clock on her case’s deadline earlier.
Determining the cutoff by which you must bring a cause of action can be difficult. It is important to consult a product liability attorney who has experience in helping individuals file claims citing drug injuries. The circumstances of your case are unique and warrant personal attention.
Suing For A Lipitor Settlement: How Much Time Do You Have Left?
Drug manufacturers routinely challenge lawsuits on the grounds that they were filed after the state’s statute of limitations had elapsed. Sadly, in many cases, the companies are successful in getting the claims dismissed. The injured claimants lose the opportunity to recover compensation for their hospital bills, lost wages, and pain and suffering.
One of the most common reasons victims of drug injuries miss their states’ deadlines is because they assume they have plenty of time to file their lawsuits. That serious error is often due to a misunderstanding regarding the rules that dictate the deadlines.
If you have been diagnosed with diabetes and suspect the condition was triggered by your use of Lipitor, call our offices at 1-888-210-9968. Our Lipitor settlement attorneys will determine the deadline for your case.
Find out today whether there is still time to file a lawsuit. Our Lipitor lawyers are ready to help you file a settlement claim and recover the compensation you and your family deserve.