What Is The Statute Of Limitations For Lipitor Lawsuit 2015 Claims?
Written by Stephen Fields on May 12, 2015
Before the generics hit the market, Lipitor was the statin of choice for millions of people in the U.S. for more than a decade. It was promoted as a safe and effective drug for lowering LDL cholesterol levels and reducing the risk of cardiovascular disease. But several scientific studies have demonstrated a potentially causal link between Lipitor and type 2 diabetes. That side effect was missing from the safety label until 2012.
Today, the manufacturer (Pfizer) is being sued by thousands of women whose doctors diagnosed them with diabetes after they started taking Lipitor. Their lawsuits allege Pfizer didn’t properly disclose the risk of disease, and may have even deliberately withheld information about it from the public.
Our Lipitor lawsuit attorneys are reviewing potential claims from victims across the U.S. If you were harmed by this dangerous cholesterol medication, please call 1-888-578-4755 today for a free case consultation.
It’s important to note that a valid claim can be dismissed if it isn’t filed by the statute of limitations in your state. The statute of limitations is a deadline. Below, you’ll learn how it works for Lipitor claims for compensation.
How The Statute Of Limitations Works For Drug Injury Cases
You have a limited window of time to file a claim if you’ve been injured by a prescription medication. The size of that window is defined by the statute of limitations. Once the window closes, your opportunity to file a liability lawsuit against the manufacturer evaporates.
The time limit varies by state. Some states force would-be claimants to meet a short deadline. Examples include Tennessee, Kentucky and Louisiana, where the statute of limitations is only 1 year. Other states have much longer deadlines. For example, Maine and North Dakota allow you 6 years to file a claim.
A common question is when the statute of limitations begins. In a typical personal injury case, the issue is relatively straightforward. The clock starts running on the date of the injury. For example, a shopper who slips on a recently-waxed floor and injures herself knows the date on which her injury occurred.
Lipitor claims over diabetes are more complicated. It’s not always obvious to the plaintiff when the illness began. Symptoms are not always easy to identify. Unless she visits her doctor and receives a firm diagnosis, the illness could exist for years before discovery.
In those cases, a discovery rule is usually put into effect. A discovery rule makes an allowance for the fact that an injury may not have been apparent to the victim on the date it occurred.
Again, the onset of diabetes following use of Lipitor might escape the sufferer’s notice for years. In addition, it may not be immediately clear that the illness was caused by the cholesterol drug. The discovery rule starts the clock when the victim learns of her injury and finds out the cause, or when a reasonable person could have been expected to do so.
When Did You Realize Lipitor May Have Caused Your Diabetes?
It’s important to identify the date you were diagnosed with diabetes and when you realized Lipitor might have triggered its onset. That may be a challenge. It’s unlikely your doctor immediately attributed your condition to Pfizer’s drug. He or she may not have even known you were taking it. In addition, many doctors may be unfamiliar with the link between Lipitor and diabetes. When it comes to diagnosing the condition, Pfizer’s drug is not one of the usual suspects.
Many plaintiffs identified the cause of their condition by reviewing their health prior to starting therapy. You may be able to do the same. Were you at a healthy weight and did you maintain a healthy diet when you first began taking Lipitor? Did you lead an active lifestyle and get plenty of exercise? Diabetes normally affects individuals who are overweight, eat poorly and lead sedentary lives. It is important to remember that Lipitor diabetes can affect healthy women.
Act Quickly To File A Lipitor Diabetes Lawsuit Claim
Pharmaceutical companies like Pfizer are routinely sued by individuals who are harmed by their prescription drugs. A common “defense” tactic is to wait until the statute of limitations expires before asking for summary judgement on cases that were filed after the deadline.
Pfizer has used that approach in seeking to have lawsuits over Chantix and Prempro dismissed. It’s safe to assume it will employ the same tactic with pending Lipitor diabetes lawsuit claims.
If you were harmed by Pfizer’s cholesterol-lowering medication and don’t know the statute of limitations in your state, call 1-888-578-4755 today. Our Lipitor settlement lawyers will review your case and explain your legal options. If you decide to file a lawsuit, there are never any legal fees unless we win your case and recover compensation for you.
The case review and advice are free. But remember, there is a limited time to file a Lipitor claim. Call our offices to find out the filing deadline and receive the legal help you need to obtain fair compensation for your injuries.