Visitor Question

Plavix Dangerous Side Effects Question…

Submitted By: Theresa (Miami, FL, USA)

My mother died 3 months after the doctor changed her high blood pressure medication to Plavix. She died in 2002 which was before the black box warning label had came out on that medication. I had an attorney in 2007 for a class action suit, but now that they are getting ready to make court dates in the class action, he informed me that the statue of limitations was up when I first started my case with them.

They thought they could still win my case but now inform me they don’t think they can because of the statute. How could I have filed a claim against Plavix before the dangerous side effects while taking asprin was not yet made public or on the warning label? Is there any way to extend the statute based on the fact that all dangerous side effects were not yet made public at the time she died?

Any advise be will greatly appreciated. She had never had a heart attack or stroke until taking Plavix. Once she did take it she suffered 2 mini strokes then a massive bleed which left here brain dead, all within 3 months of taking that medication. The attorney said the statue has started again on Sept. 1, 2012, so it will be as if the last 5 yrs. will have disappeared in starting a new case. Thank you for your time.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Theresa,

Our policy at ISG is not to interfere with the attorney-client relationship. It’s important for you to follow your attorney’s advice. Of course, if you’re not satisfied with the answers you receive from your attorney you can seek a second opinion.

Generally speaking, in the State of Florida the statute of limitations for personal injury lawsuits is 4 years. If the basis of your lawsuit was the adverse effects of the drug Plavix, that would have put the limitations time for you to have filed suit on behalf of your mother’s estate somewhere in 2006.

In very rare cases the statute if limitations can be extended. The extension of the limitations period sometimes takes into account the ability of the patient, or the patient’s representative, to have discovered that the cause of illness or death couldn’t have reasonably been discovered within the statute of limitations period.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 9, 2012

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