Legal Question in Product Liability in Colorado

Re: prenatal medications that affect the health of the baby

I would urge you to appeal. I cannot comment intelligently on the merits of the underlying suit without more information, of course. As a general rule, however, the statute of limitations does not begin to run until you knew or in the exercise of reasonable diligence should have known that you had a legal cause of action. The latent onset of a disease does not necessarily bar you from pursuing a claim. For example, persons who contract asbetosis from prolonged exposure to asbestos often can maintain suit after they are diagnosed with plural calcification, which typically is many years after the exposure event. Should you have known earlier? Was this drug the subject of an earlier class action? Again, I would need more information. With regard to the appeal, however, if you have grounds for an appeal, DO NOT DELAY. Under C.A.R. 45, you have only 45 days to file notice of appeal. If you have further questions, I would be more than happy to speak with you in more detail. Very truly, Peter W. Thomas

Petersen, Thomas & Slade, PLLC

600 Seventeenth Street

Suite 950 South Tower

Denver, Colorado 80202

303-260-6424