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What is a Statute of Limitations?
The time limit associated with making valid legal claims is referred to as the statute of limitations, or SOL. There are different statutes of limitations for different types of claims, including cases involving crimes, personal injury, and debt.
For Xeljanz and other defective drug lawsuits, most states have a 2-year SOL. However, certain states only provide 1 year in which to file suit. Others provide an SOL of up to 10 years. If the case is based on medical malpractice and not on product liability, the statute of limitations may be different, longer or shorter, depending on the state law.
When Does the SOL Begin?
Different states begin the statute of limitations based at different times. For example, some states initiate the SOL at the time the plaintiff begins taking Xeljanz. Others start it when the injury occurred or was discovered/diagnosed. The plaintiff should know the relevant statute of limitations and when the time began on the claim.
Who Can File a Lawsuit?
If you used Xeljanz or Xeljanz XR and were subsequently diagnosed with pulmonary embolism, blood clots, serious heart problems, or cancer, you may be eligible to file a product liability lawsuit against Pfizer. Criteria to become an eligible plaintiff includes the following:
- You were prescribed Xeljanz or Xeljanz XR for your treatment.
- You took a 10mg dose of Xeljanz twice daily, and
- You developed blood clots in the lungs (pulmonary embolism) or suffered other serious medical injuries.
See the other dangerous drug lawsuits our attorneys have covered.
How Liability Law Applies to Xeljanz Lawsuits
In most states, a patient injured by the side effects of Xeljanz can file a lawsuit based on the following legal theories:
- Design Defect - When a medicine is manufactured per design specifications, but the design itself renders the drug ineffective or unsafe;
- Manufacturing Defect - When a drug is designed safely, but was manufactured with a flaw, making it dangerous or unsafe; and/or
- Failure to Warn - When the drug manufacturer fails to warn the public and medical communities about the potential health risks or provide adequate instructions about use of the medication, thereby rendering it unsafe or dangerous.
Get a Free Lawsuit Evaluation With Our Attorneys
The Pharmaceutical Litigation Group at our law firm is an experienced team of trial attorneys that focus on the representation of plaintiffs in Lawsuits. We are handling individual litigation nationwide and currently accepting new class action lawsuits against Xeljanz in all 50 states.
Free Lawsuit Evaluation: Again, if you were harmed after taking Xeljanz to treat rheumatoid arthritis, you should contact our attorneys immediately. Xeljanz patients may be entitled to a settlement for medical expenses by filing a class action lawsuit and our Attorneys can help.