Statute of limitations is up on a medical product-liability lawsuit?
May 1, 2014 6:19 PM   Subscribe

Hi all, When I was 10, I took stomach drug called Propulcid, which gave me permanent Epilepsy. I am now 26 and want to sue the makers, but the statute of limitations in Maryland ended at age 21 (I'm 26 now). I want to sue, but given these limitations, no contingency-based lawyer will take my case. What can I do? Thanks!
posted by Kombucha3452 to Law & Government (7 answers total)
Most likely nothing. You could try and talk to a lawyer about if there is some rare exemption because you were a child, but probably not. I'm sorry but your parents dropped the ball on this big time.
In addition legally in most of the US it is only required to keep medical records for seven years. The likelihood you can even find original documentation you took the medication is slim unless you already have it.
posted by AlexiaSky at 6:34 PM on May 1, 2014 [3 favorites]

Did the incident happen in MD? If it happened elsewhere you may have a case in the other state.
posted by AlexiaSky at 6:37 PM on May 1, 2014

in what state is the maker of propulcid incorporated?
posted by bruce at 6:42 PM on May 1, 2014 [1 favorite]

Sounds like you've already spoken with attorneys and been turned down. If that's true, you're basically out of luck.
posted by valkyryn at 7:07 PM on May 1, 2014 [3 favorites]

Propulsid if it makes a difference googling for a lawyer. You may go to a website that discusses lawsuits and drugs and make a post. Don't know if the example I found is non-contingency based.
posted by dances_with_sneetches at 5:52 AM on May 2, 2014

I know of a sex abuse case where the statute of limitations expired but the victims were able to sue because one of them was in the military. Our roofing contractor, let's call him S., was one of those victims. Here is a condensed version of the relevant parts of his story, maybe it will help you?

S. blocked out the memory of childhood abuse until he was well into his fifties. When it all came back to him, S. went to a lawyer and was initially told that the statute of limitations was long gone. However, as more details came out, the lawyer connected the dots to another case that his firm was handling. The other victim was abused by the same group of priests at the same time, however, he joined the army immediately after high school, apparently triggering a legal "loophole" that "suspends" the statute of limitations for those in the military. S. and several other victims were able to join the lawsuit, whereas they would not have been able to initiate one on their own.

More about that case here but here is a key quote:

The statute runs out at age 24, but the "clock" stops ticking while a victim is in the military. Skjonsby was in the Navy for 21 years.

Obviously, this is a very thin thread on which to hang your hopes BUT it's better than nothing and if a lawyer could confirm that it would be applicable in your case, you could always start a mini-blog detailing all this so that people who are in the same boat as you could band together in search of a solution.

(If you don't know how to create a blog, I can help you. Either way, I am sorry about what happened to you and wish you good luck. If you figure something out, I would love to hear by memail.)
posted by rada at 7:41 AM on May 2, 2014

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posted by vegetableagony at 10:56 AM on May 17, 2014

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