The statute of limitations for filing an Uloric lawsuit is the amount of time that can pass between your injuries and when you file a lawsuit. The amount of time you have depends on the state where the lawsuit will be filed. Typically, the statute of limitations requires lawsuits to be filed within two years of the discovery of the injury. Failing to comply with the statute of limitations may lead to even the strongest Uloric lawsuit being quickly dismissed.
- 1. What are Uloric lawsuits?
- 2. What is the statute of limitations?
- 3. How long do I have to file my Uloric lawsuit?
- 4. What happens if the statute of limitations has expired?
1. What are Uloric lawsuits?
Uloric lawsuits are personal injury claims against Takeda Pharmaceutical Company for cardiovascular injuries caused by its gout medication, Uloric. These lawsuits claim that Takeda, the manufacturer of Uloric and distributor in the U.S., failed to warn doctors and patients of the serious risks Uloric created for a fatal cardiovascular event, including:
These risks became apparent in 2018 – nearly a decade after Uloric hit the market – when a postmarket clinical trial on the cardiovascular side effects of Uloric was published.1 The results of the clinical trial, called the CARES trial, led the U.S. Food and Drug Administration (FDA) to issue a safety announcement on the cardiovascular dangers of Uloric,2 and to put a box warning on Uloric's label.3
These lawsuits claim that Takeda's failure to warn consumers of the risks associated with Uloric put them in harm's way, and demand compensation for:
- Medical expenses incurred to treat a victim's heart problems,
- The costs of anticipated medical care in the future related to those heart problems,
- Lost wages and reduced earning capacity from the cardiovascular injuries,
- Physical pain and mental suffering, and
- Loss of consortium suffered by a victim's family.
Many Uloric lawsuits are wrongful death claims filed on behalf of a deceased victim by their family.
2. What is the statute of limitations?
The statute of limitations is a law that requires civil lawsuits to be filed within a certain period of time. Different types of lawsuits have different timeframes, based on a variety of factors. The factors that influence the length of the statute of limitations include:
- How much evidence relies on the memories of eyewitnesses,
- How quickly a victim can reasonably be expected to put together their case,
- How long the defendant should reasonably be expected to preserve evidence of the case in their possession, and
- The public interest in a victim pursuing their claims quickly and allowing the defendant to eventually repose in the knowledge they will not face a lawsuit.
These factors lead to different results in different situations. For example, in California:
- Personal injury cases must be filed within two years,4
- Cases involving the breach of a written contract must be filed within four years,5 while those involving the breach of an oral contract must be filed within two years,6 and
- Medical malpractice cases must be filed either within one year of the time the victim should have known about the injury, or within three years of the malpractice occurring, whichever comes sooner.7
Because statutes of limitations are enacted by states, many states put different limitations on different types of claims. For example:
- In Nevada, medical malpractice claims can be filed up to four years after the injury, or up to two years after the victim should have discovered the injury, whichever comes first, unless the healthcare provider covered up the malpractice,8 and
- In Colorado, claims for the breach of both oral and written contracts have to be filed within three years.9
3. How long do I have to file my Uloric lawsuit?
The statute of limitations that dictates when you can file an Uloric lawsuit will depend on the state in which you file your claim for compensation. While the vast majority of states use statutes of limitations that require these lawsuits to be filed within two years, there are exceptions.
Additionally, some states toll, or pause, their statutes of limitations for injuries that are not clearly apparent. In these cases, the statue of limitations only begins to run when a victim discovered, or reasonably should have discovered, their injuries. In the context of Uloric's cardiovascular risks, the FDA's safety announcement on February 21, 2019 concerning the increased risk for a fatal cardiovascular event could be an important date for setting the statute of limitations in motion.
Regardless of the duration of the statute of limitations, talking to a defective drug lawyer soon after getting hurt by Uloric is essential. Putting together a strong case can take time, so calling a lawyer the day before the statute of limitations is set to expire can be too late. Call the defective drug attorneys at the Shouse Law Office at 855-LAWFIRM for help.
4. What happens if the statute of limitations has expired?
If the statute of limitations has already expired on your case before you file your Uloric lawsuit, it gives Takeda Pharmaceutical a powerful defense to your claims for compensation. All they have to do is point out that your claim – regardless of how strong it is – was filed after the statute of limitations had already passed.
If this defense is raised, the merits of your case are put to the side until the court can determine whether the statute of limitations had, in fact, expired before you filed your Uloric lawsuit. If you cannot show that your lawsuit was timely filed, it will be dismissed by the court without a look at whether you really deserve compensation.
FDA Drug Safety Communication, “FDA adds Boxed Warning for increased risk of death with gout medicine Uloric (febuxostat),” (February 21, 2019).