All Maryland personal injury claims, including pharmaceutical claims, are subject to a statute of limitations, which indicates how long after an accident or injury a plaintiff has to file suit against the responsible party. In most cases, the statute of limitations is three years. Waiting too long to file a suit can bar Maryland plaintiffs from recovering, so it is important to be aware of the relevant statute of limitations and file suit in a timely manner when injured.
In cases where the injury was caused by a medication, knowing when the statute of limitations begins can be difficult. Plaintiffs want to push the start point forward, saying the clock did not begin until they knew about their injury, even if it technically happened weeks, months, or years, later. On the other hand, pharmaceutical companies will likely argue that the statute of limitations began to run before the plaintiff even knew about the issue. Oftentimes, the outcome of this disagreement determines whether or not the plaintiff recovers for their injuries.
Take a recent state supreme court case as an example. According to the court’s written opinion, the two plaintiffs, young men, were both prescribed Risperdal for mental health issues in 1997 and 1998. The first plaintiff started experiencing increased breast size, extreme weight gain, and psychological distress in 2001. The second plaintiff suffered from weight gain and diabetes as well, and in 1998 also perceived breast development and psychological distress. The two filed suit against the drug manufacturer and pharmaceutical company, claiming that they failed to warn plaintiffs about the potential of developing Gynecomastia, an endocrine disorder that causes the growth and swelling of the breast tissue in males. The defendants responded by filing a motion for summary judgment, arguing that the statute of limitations had passed. According to the defendants, the statute of limitations had begun almost eight years before the plaintiffs filed suit. The plaintiffs, on the other hand, argued that they did not know about their condition and thus could not have filed suit during that time, and that the statute of limitations did not actually begin until much later.