What is the statute of limitations for filing a defective drug injury claim?

In Washington, the statute of limitations for filing a defective drug injury claim is three years. This timeframe begins when the injury is discovered or should have reasonably been discovered. It can also begin when the claimant first received medical care related to the injury. However, the deadline can be extended if the claimant was a minor at the time of the injury, if a foreign object was left in the body, or if the claimant was insane at the time. It is important to keep in mind that even if the three-year deadline has passed, a claimant may still have a valid claim if they can prove that the pharmaceutical company withheld information pertaining to the defect or if the product contained an unknown or undisclosed defect. Additionally, the court can consider the “discovery rule” when evaluating the defendant’s liability. Under this rule, courts can retroactively apply the filing period if the claimant had no reasonable means to know about the injury until a later date. In Washington, filing a defective drug injury claim is a complex process. It is important for claimants to understand the applicable statutes of limitations and other laws related to their case in order to bring a valid claim. Therefore, it is highly recommended to seek the help of an experienced defective drug injury attorney when filing a claim.

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