How long you have to file a Truvada lawsuit varies, depending on your state. Statutes of limitations depend on the jurisdiction and claim type (Legal Information Institute (LII)). Delaying legal action can cost you the right to pursue compensation for your injuries.
When it comes to defective drug claims, such as a Truvada lawsuit, some states may have a two- or three-year limit in which victims can file suit. Others can give individuals up to five years to file legal action against a drug manufacturer. It is important to note that some states have a relatively short deadline of only one year for filing a Truvada lawsuit. Seeking legal advice can help you find out which laws apply in your state. A Truvada lawsuit lawyer can advise you and file your lawsuit within your state’s statute of limitations.
The Clock Starts Ticking on the Day of Your Injury
While the rules on defective drug lawsuits vary from state to state, there are some general rules for when the statute of limitations starts coming into effect. Typically, the time starts ticking down on the day of your injury or when you discovered your injury.
The Day Your Injury Occurred
In some states, the statute of limitations starts running on the day you suffered your injury. This can be devastating for those who did not discover their injury for a while. Some serious side effects from drugs may result in illnesses that could silently progress for years, such as osteoporosis in Truvada cases.
When You Discover Your Injury
Some states recognize that injuries can have a delayed onset in some cases. Therefore, the statute of limitations starts to run down when the injured person or their doctor discovered the injury or should have discovered the injury.
This is also sometimes called the “discovery rule.” Concerning Truvada, you may have been suffering from chronic kidney failure for years. Studies indicate that the HIV medication, according to the Journal of the American Society of Nephrology (JASN), can cause kidney damage.
Since chronic kidney failure only presents with symptoms when it is relatively advanced, you may not have known that you had this condition. The statute would then start running only from the day your doctor discovered your kidney disease.
Either way, it can be advantageous to file a lawsuit as soon as you can. At the very least, you need to know the deadline so that you can plan to bring your lawsuit well within the timeframe that your state set. While there can be exceptions in rare cases, the court can bar you from taking legal recourse and recovering compensation if you file too late. If the statute of limitations timeline has already run out in your state, a Truvada lawsuit lawyer might be able to tell you if you still have options to file suit and recover compensation.
Liable Parties in a Defective Drug Lawsuit
Most of those who suffered injuries from a defective drug assume that the manufacturer is to blame. However, several parties could be liable in a defective drug claim, such as a Truvada lawsuit. You could sue:
The Drug Manufacturer
Developing new drugs can be hugely expensive for a pharmaceutical company. According to Johns Hopkins Bloomberg School of Public Health, developing a new drug can cost as much as $3 billion. Profit-driven companies might conceal side effects or engage in other unethical practices that could put consumers at risk to maximize their profits from a drug.
Pharmaceutical companies employ advertisers who market the drug to doctors and medical professionals. A representative could be on the hook if they recommended a drug such as Truvada, which then caused serious and potentially fatal side effects.
Your doctors could be partially or wholly liable for your injuries if they did not warn you about any potential side effects. You can also hold a doctor accountable if they failed to provide accurate instructions for using the drug.
A pharmacy is often the last point in the distribution chain of a drug to consumers. A pharmacy and pharmacists could be responsible if they make a mistake during distribution or giving customers instructions.
There can also be other potentially liable parties, such as a testing laboratory or a hospital. A Truvada lawsuit lawyer can establish all liable parties in your lawsuit.
Ben Crump Law, PLLC, Can Fight for You
If you want to find out how long you have to file a Truvada lawsuit, contact us today for legal advice and assistance. We can review your claim and help you stand up for your rights. Ben Crump Law, PLLC, does not shy away from holding large pharmaceutical companies to account for their failures. We can help injured individuals get their due. Call us now for a free consultation at (800) 983-6116.