Legal Question in Product Liability in Missouri
diethylstilbestrol-DES
What is the statute of limitations in filing a lawsuit against a manufacturer of a drug (DES-mother took when pregnant-daughter was harmed in utero-daughter now has cancer because of drug ingested by mother-daughter JUST found out she has cancer and JUST discovered about the DES connection? Did the statute of limitations run out because the mother ingested this drug 20+ years ago?
1 Answer from Attorneys
Re: diethylstilbestrol-DES
The typical Statute of Limitations in Missouri is 5 years from the date of injury. Other states have different time periods, many of which are shorter. In your situation there are several arguments for extending the statute. First, most states toll or delay the beginning of the 5 year period until the victim could or should have known of the injury, i.e. the date of diagnosis. Second, if there was no injury until recently, the statute would not begin to run until then anyway. The issue of when a statute of limitation begins to run in a drug ingestion case is complicated and would take some research based on the facts of your case to answer definitively, but it is certainly worth looking into. If you have an interest please feel free to call me. Richard C. Miller (800) 444-7552.
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