Most drug injury lawyers assume that the statute of limitations begins to run when the appropriate warning is placed on the drug or medical device. In mass tort cases, if you have a case that is past the state’s statute of limitations, you can’t find a lawyer to file your case for you.
I’m not a fan of the strict construction of the statute of limitations. The bright-line leads to too many unjust results. Plaintiffs file cases all the time that get delayed and delayed by defense tactics. There is no reverse statute of limitations, the “Geez, you guys drug this thing out so long and the witnesses have forgotten everything so the liability is established” rule. So not erring on the side of plaintiffs is a long-established tradition in the law that no one even questions anymore. But that does not make it any less dumb.
Oh, right, back to the blog post. The New Jersey Supreme Court ruled that Accutane ulcerative colitis plaintiff timely filed her lawsuit because she had no reason to know that Accutane could cause inflammatory bowel disease in spite of the fact that a warning had been issued earlier in 2003.