Late wife while carrying daughter was hospitalize. She was in ICU for some time due to head injury, when released from hospital she was prescribed Darvocet for pain killer. Darvocet became addicting. We tried rehabs. no luck. Her liver got damaged and died from liver damage (6 months in hospice). Our daughter had some effects. But we did not know that Darvocet had issues. (pre 2009 FDA warning). In other wrong full death where there is an accident (car etc..) there is a time limit Question. Can we file a wrong full death action since we did not know that the medication was the cause? Wife death was when Eli Lilly was selling the product.
During the period of wife's illness, death and for some period afterwards, there was no medical and/or legal cases raised about the danger of Darvocet and it was not banned from market until 2010 How could we file legal action when there had been no publications of Darvocet danger. Nor publish that one of side effects could damage the liver nor that there could be side effects on unborn fetus. All of this information came out many years later. If these issues were even slightly know, I am certain the Xanodyne corporation would not have purchased the rights to manufacture, distribute and sell Darvocet from the Eli LIlly pharmacies and few years later be stuck with a number of lawsuits
Family Law Attorney
It appears your claim may be to old, time barred by the statute of limitations, consult an attorney in your area dealing with pharmaceutical claims.
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.
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I'm sorry for your loss. Unfortunately, Florida has a four year Statute of Limitations on products liability cases. The four year statute begins from the date of injury or from the date when the injury was discovered or reasonably should have been discovered.
Furthermore, there is also a Statute of Repose in Florida that generally bars any product liability action, including personal injury or wrongful death, if the harm was caused by exposure to use or use of the product more than 12 years after delivery of the product to the first purchaser or lessee.
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Personal Injury Lawyer
The law allows a limited time period to bring a negligence or products liability claim. There are exceptions to these time limits but I am not aware of one that extends the time period to 10+ years. Your claim is very likely expired but please seek the opinion of a local attorney.
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