Statute of limitations for Valsartan lawsuits

The statute of limitations to sue Valsartan pharmaceutical companies varies by state. On average, the statute of limitations to sue for negligence or products liability is two (2) years after the plaintiff discovered the cancer from taking Valsartan.

If you developed cancer after taking Valsartan contaminated with NDMA, you may be eligible to join a Valsartan MDL (multi-district litigation) lawsuit. But you need to talk with a lawyer soon before the Valsartan lawsuit statute of limitations ends. Learn more about the deadline to bring Valsartan lawsuits below:

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The Valsartan statute of limitations to bring a lawsuit turns on the state law and the legal claim.

1. Statute of limitations definition


"Statute of limitations" is the legal term for a deadline to file a lawsuit. How long a statute of limitations lasts depends on two things:

  1. which state the lawsuit is in (because every state has its own laws), and
  2. the kinds of legal claims the plaintiff is suing for (such as negligence or strict products liability)

The reason that statutes of limitations exist is because they encourage parties to tend to their legal claims sooner rather than later. The more time that elapses between an injury and a lawsuit, the more memories and evidence may fade away.

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Having deadlines to file lawsuits encourages swift litigation and settlement.

Once a statute of limitations on a specific legal claim has passed, then the victim is no longer eligible to sue on that claim. But there are exceptions where statutes of limitations get postponed ("tolled"):

An example may be if a personal injury victim is in a coma and is therefore unable to bring a lawsuit; presumably, the statute of limitations would begin once the victim regains consciousness and has the wherewithal to consider legal claims.

2. When statutes of limitations start

State law determines when the statute of limitation for a particular claim starts running. In general, the Valsartan statute of limitations begins running when the plaintiff discovers his/her cancer. But depending on the case, the triggering event could be when the plaintiff:

  • experiences symptoms from the cancer;
  • should have known that the Valsartan contributed to the cancer;
  • gets diagnosed with cancer; or
  • has corrective surgery or other treatment
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A Valsartan lawsuit statute of limitations typically begins when the victim discovers that he/she has cancer.

Certain states also have a "statute of repose." This means that the clock begins to run the day of the injurious incident -- such as taking a prescribed Valsartan pill.

Therefore with statutes of repose, it is irrelevant when plaintiffs discover their injury. If they happen to discover their injury after the statute of repose is over, they may be prohibited from filing suit.

3. Statutes of limitation by state

Valsartan victims usually bring lawsuits against the pharmaceutical companies (defendants) on the following two claims:

  1. Negligence, because the pharmaceutical company allegedly "breached its duty of care" towards the plaintiff by providing them pills contaminated with NDMA;
  2. Products liability, because the pharmaceutical company allegedly manufactured a defective product by contaminating it with NDMA

The Valsartan lawsuit statute of limitations for negligence and products liability varies by state.

State

Statute of Limitations

Alabama

Ala. Stat. § 6-2-38

2 years after date the injury is or should have been discovered.

Alaska

Alaska Stat. § 09.10.070(a)

2 years after date the injury is or should have been discovered.

Arizona

A.R.S. § 12-542

2 years after date the injury is or should have been discovered.

Arkansas

A.C.A. § 16-116-203

3 years after date the injury is or should have been discovered (2 years for medical malpractice).

California

Cal. Civ. Proc. § Code 335.1

2 years after date the injury is or should have been discovered.

Colorado

C.R.S. § 13-80-102; C.R.S. § 13-80-106(1)

2 years after date the injury is or should have been discovered (3 years if motor vehicles are involved).

Connecticut

C.G.S.A. § 52-584; C.G.S.A. § 52-577(a)

2 years after date the injury is or should have been discovered for negligence claims.

In product liability claims, 3 years from the time the harm is or should have been discovered. 10-year statute of repose beginning once the manufacturer or seller parted with the product.

Delaware

10 Del. C. § 8119 § 8107

2 years after date the injury is or should have been discovered (In negligence cases, 3 years if not discoverable in 2 years).

District of Columbia

D.C. Code § 12-301

3 years after date the injury is or should have been discovered.

1 year after death for wrongful death claims.

Florida

F.S.A. § 95.11(3)(a),(e),(k),(o)

4 years after date the injury is or should have been discovered.

In strict liability cases, 12-year statute of repose with exceptions.

Georgia

O.C.G.A. § 9-3-33

2 years after date the injury is or should have been discovered.

In strict liability cases, 1 year from date of death.

10-year statute of repose with exceptions.

Hawaii

Haw. Rev. Stat. § 657-7

2 years after date the injury is or should have been discovered.

Idaho

Idaho Code § 5-219

2 years after date the injury occurred.

In strict liability cases, 10-year statute of repose with exceptions.

Illinois

735 I.L.C.S. § 5/13-202

2 years after date the injury occurred.

In strict liability cases, 12-year or 10-year statute of repose beginning once product is sold or once product is delivered to first owner, respectively.

Indiana

I.C. § 34-11-2-4

2 years after date the injury occurred.

In strict liability cases, 10-year statute of repose with exceptions.

Iowa

I.C.A. § 614.1(2)

2 years after date the injury occurred.

Kansas

K.S.A. § 60-513

2 years after date the injury occurred.

Kentucky

K.R.S. § 413.135; K.R.S. § 413.140(1)(a)

1 year after the date the injury occurred (2 years if motor vehicles are involved in negligence cases).

In strict liability cases, 5-year or 8-year statute of repose beginning from sale date or manufacture date, respectively.

Louisiana

L.S.A.-C.C. Art. § 3492

1 year after the date the injury occurred.

Maine

14 M.R.S.A. § 752

6 years following the date that the injury occurred.

Maryland

Md. Cts. & Jud. Proc. Code § 5-101

3 years following the date that the injury occurred.

Massachusetts

Mass. Ann. Laws Ch. 260 §§ 2A and 4

3 years following the date that the injury occurred.

Michigan

M.C.L.A. § 600.5805

3 years following the date that the injury occurred.

Minnesota

M.S.A. § 541.02, -.05, -07, -.076; M.S.A. § 541.05 subd.2

6 years following the date that the injury occurred for negligence claims.

4 years following the date the injury occurred for medical malpractice claims or in strict liability claims.

3 years after death for wrongful death claims.

Mississippi

M.C.A. § 15-1-49

3 years after the date that the injury occurred.

Missouri

Mo. Rev. Stat § 516.120

5 years following the date that the injury occurred.

2 years following the date of injury occurred for medical malpractice claims.

3 years after death for wrongful death claims.

Montana

Mont. Stat. § 27-2-204(1),(2); Mont. Stat. § 27-2-202

3 years following the date the injury took place.

Nebraska

Neb. Rev. Stat § 25-207; Neb. Rev. Stat § 25-224(1)

4 years following the date on which the injuries took place.

2 years from the date of injury for medical malpractice, or 1 year after the injury was discovered.

2 years after death for wrongful death claims.

In strict liability cases, 10-year statute of repose beginning date product is first sold.

Nevada

N.R.S. § 11.190

2 years after the date that the injuries took place in negligence cases.

3 years from date of injury for medical malpractice claims, or 1 year after the injury was discovered.

4 years from the time the harm occurred in strict liability cases.

New Hampshire

N.H.Rev. Stat. Ann. § 508:4(I)

3 years following the date on which the injuries took place.

In strict liability cases, 12-year statute of repose beginning once the product is manufactured and sold.

New Jersey

N.J.S.A. § 2A:14-1

2 years following the date the injuries took place.

New Mexico

N.M.S.A. § 37-1-8

3 years following the date that the injuries took place.

New York

N.Y.C.P.L.R. § 214, et seq.

3 years following the date that the injuries took place.

2 years and 6 months after date of injuries occurred for medical malpractice claims.

2 years after death for wrongful death claims.

North Carolina

N.C.G.S.A. § 1-52-(1-5); N.C.G.S.A. § 1-52-(16)

3 years following the date that the injuries are or should have been discovered.

North Dakota

N.D.C.C § 28-01-16(5)

6 years following the date that the injuries took place.

24 months from date of injury for medical malpractice claims, or possibly 6 years after the injury was discovered.

24 months after death for wrongful death claims.

In strict liability cases, 10-year statute of repose from the date of the initial purchase or within 11 years of the date of manufacture.

Ohio

O.R.C.A. § 2305.10(A)

24 months following the date that the injuries took place.

1 year after the date the injury occurred for medical malpractice claims.

Oklahoma

Okla. Stat. Ann. Tit. 12, § 95

24 months after the date that the injuries took place.

Oregon

O.R.S. § 12.112(1); O.R.S. § 30.905(1-3)

24 months following the date that the injuries took place.

3 years after death for wrongful death claims.

In strict liability cases, 10-year statute of repose with exceptions.

Pennsylvania

42 P.S. § 5524

24 months following the date that the injuries occurred.

Rhode Island

R.I.G.L. § 9-1-14(b)

3 years following the date that the injuries took place.

South Carolina

S.C. Code Ann. §§ 15-3-530, 5-3-535

3 years following the date that the injuries took place.

South Dakota

S.D.C.L. § 15-2-14.3; S.D.C.L. § 15-2-12.2

3 years following the date that the injuries took place.

24 months after the date the injury occurred for medical malpractice claims.

In strict liability cases, 6-year statute of repose beginning after purchase.

Tennessee

T.C.A. § 28-3-104

1 year following the date that the injuries took place.

In strict liability cases, 10-year statute of repose with exceptions.

Texas

Tex. Civ. Prac. & Rem. Code Ann. § 16.003

24 months following the date that the injuries took place.

In strict liability cases, 15-year statute of repose.

Utah

U.C.A. § 78B-6-706

4 years following the date that the injuries took place in negligence cases.

2 years after the date the injury occurred for medical malpractice claims or strict liability claims.

24 months after death for wrongful death claims.

Vermont

Vt. Stat. Ann. Tit. 12, § 512(4),(5)

3 years following the date that the injuries took place.

3 years after incident for medical malpractice claims, or 2 years after discovery of injury.

24 months after death for wrongful death claims.

Virginia

Va. St. § 8.01-243(A)

24 months following the date that the injuries occurred.

Washington

R.C.W.A. § 4.16.108; R.C.W.A. § 7.72.060(3)

3 years following the date that the injuries took place.

3 years after incident for medical malpractice claims, or 1 year after discovery of injury.

In strict liability cases, 12-year statute of repose.

West Virginia

W. Va. Code § 55-2-12

24 months following the date that the injuries took place.

Wisconsin

Wis. Stat. § 893.54

3 years following the date that the injuries took place (2 years after motor vehicle accident if death results).

In strict liability cases, 15-year statute of repose with exceptions.

Wyoming

Wyo. Stat. § 1-3-105(a)(iv)(C)

4 years following the date that the injuries took place.

2 years after injury for medical malpractice claims unless discovery occurs in 2nd year, then extended by 6 months.

24 months after death for wrongful death claims.

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4. Hiring a personal injury attorney

Even if it appears that the statute of limitations to bring a Valsartan lawsuit may have passed, you should still call an attorney. There might be ways to get around it so you can still sue for money for your:

  • medical bills,
  • pain and suffering,
  • lost wages, and
  • loss of future earnings

The personal injury lawyers at Shouse Law Group are here to fight for the largest financial settlement possible in your case. And you pay us nothing unless we win your case. For a free consultation with our personal injury attorneys, call us now at (855) 396-0370.

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