Request Legal Help Now - Free

LAWSUITS NEWS & LEGAL INFORMATION

The Statute of Limitations in Fen-Phen Cases

. By
Santa Fe, NMWhen patients take a medication, they generally expect side effects to show up within a year or two of taking the medication, which is why fen-phen side effects are so concerning to some people. The side effects of fen-phen can take a decade or more to arise and can be very serious. Although the fen-phen recall happened in 1997, the makers of fen-phen still face lawsuits alleging patients were harmed by their use of the weight-loss drug.

In many drug liability cases, the statute of limitations comes into play as a concern for plaintiffs filing lawsuits because it limits how long the plaintiff has to file the lawsuit. Usually, the statute starts running either from the time a new warning was announced by the FDA or the time that the patient knew or should have known her side effects were caused by the use of a particular medication. Although the statute of limitations varies from state to state, it often runs anywhere from one to two years. What that means is that from the time a person knew or should have known that a drug could have caused a potential side effect - either through a warning, through suffering the side effect or through learning about it from a doctor - she has one to two years to file a lawsuit.

The problem with fen-phen is that it can take a decade or more after discontinuing the medication for side effects to appear. Many people stopped taking the drug as soon as the risk of pulmonary hypertension became known, but could not do anything about it until they developed the side effect.

Patients must prove a drug caused them harm, meaning they must have suffered side effects before they can file a lawsuit. So even though patients may think that too much time has passed since they took the drug, if it was 10 years or more before developing an adverse reaction to the medication - and if they stopped using the medication once they learned about the risk of side effects - they can still file a lawsuit.

That is why fen-phen cases are still being heard in the courts and why people who took fen-phen are concerned that side effects could still arise. Among the side effects that fen-phen has been linked to are mitral and aortic valve regurgitation and persistent pulmonary hypertension (previously called primary pulmonary hypertension).

READ ABOUT FEN-PHEN LAWSUITS

Fen-Phen Legal Help

If you or a loved one have suffered losses in this case, please click the link below and your complaint will be sent to a drugs & medical lawyer who may evaluate your Fen-Phen claim at no cost or obligation.

READER COMMENTS

Posted by

on
Just found out that my left bundle branch could have been caused by fenphen use. I stopped taking it when I heard it was unsafe, however I did do great on that drug.
I would like you to notify me if you can help me.

Posted by

on
I have never been diagnosed by a Cardiologist, but I have had a couple of doctor's ask, do you have MPV or do you have a murmur? However, no one said it's serious let's get a Cardiologist to look at it. Nonetheless, right before Fen-Phen was pulled I was taking it. I loved it, but I had no idea that it could make me sick. I have this fluttering feeling in my chest, I get winded/short of breath, my ankles swell. I just don't know if it's fen-phen or something else?

Posted by

on
I had chf in 2006...only using 10 percent of my heart.i took the drug in 1997.....

Posted by

on
I took redux for 14 months 1996. Had pulmonary issues and heart transplant in 2008.

Posted by

on
Phen phen

ADD YOUR COMMENT ON THIS STORY

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.
*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.


Click to learn more about LawyersandSettlements.com

Request Legal Help Now! - Free