What Is the Statute of Limitations?
A statute of limitations is particular to each region and state in the United States. It has to do with products, including medication, that cause personal injury or death due to its proper usage. Specifically, the statute of limitations sets forth boundaries under which you may or may not file suit against a corporation due to the use of its product.
It is best to consult with a lawyer who is familiar with your state’s Statue of Limitations. If you need assistance finding a lawyer, fill out the “Contact Us” form to receive information on lawyers who are expertised in product liability and statute of limitations, and are able to assist you.
What Type of Limitations Exist?
It depends on where you live. Essentially most statutes insist that you can only file suit during the time that the product has caused you injury. However, there is an allowance for “delayed discovery”, meaning the statute of limitations doesn’t begin until you discover the injury.
What Is Product Liability?
In any given product liability case, including that of methylphenidate, you don’t have to prove negligence. Product liability instead refers to strict liability, meaning that the product was defective, it injured you and it is the result of your injury.
There can be one or there can be several issues in a product liability case including the following:
- The use of a defective product, in this case methylphenidate or Ritalin.
- The use of the product when it was not defective but caused unexpected and extreme harm during usage.
- Harmful side effects if the particular brand of Ritalin you used was not tested accurately.
Who Is Held Responsible?
The manufacturer against whom the lawsuit was filed, in this case Novartis AG may be held responsible if you win your case. If your lawyer also chooses to sue the American Psychological Association (APA) and/or Children and Adults with Attention Deficit/Hyperactivity Disorder (CHADD), they may also be held liable.
What Types of Damages Will I Recover?
That is entirely dependent upon your individual case, your personal injuries or death of a loved one and the decision of the presiding judge. There are four types of damages you may receive including compensatory, covering your medical bills, pain and suffering, for emotion and physical angst, loss of consortium, meaning negative effects on your relationship with your spouse, and punitive damages, wherein the court’s intention is to ensure the defendant, in this case Novartis AG, never repeats the same offence.
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