Legal Question in Personal Injury in Kentucky

Pain and suffering after death??
Just a real quick question my mother passed away last december as she was in the middle of a lawsuit against ''Bayer'' over her ingestion of ''Baycol'' where she received Rhabdomyalisis (sp?) and she asked me to please go after bayer upon her demise. Her attorneys are now trying to tell me even though they can prove without a doubt that she not only had the negative effects from the drug but also that she had severe pain and suffering they can do nothing because she is deceased...I hate to say it but it sounds like BS to me...Any opinions?? or help please, I am trying to go after this company quickly because I know there is only a one year statute of limitations on pain and suffering law suits..Thank you

Asked on 4/18/02, 11:51 am

Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

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Re: Pain and suffering after death??

What might previously have been an action for

negligence/product liability/malpractice

now seems to have become a wrongful death action.

An executor or administrator of your late mother's

estate (perhaps you) should be appointed by the

Probate Division of District Court. That person

would then "stand in the shoes of your mother"

and be able to pursue any claims she may have had.

Please accept my condolences, and good luck.

Answered on 4/18/02, 12:55 pm

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