I got sepsis 10 + years ago that went into septic shock. I was given two of those strong antibiotics ( one starts with le and Cipro ) no one in my family was told about the side effects. I was on Facebook on the 21 of this month Sept and I belong to a group about Sepsis survivors. There was a a report about bad side effects from certain drugs so I read it , printed it out and showed my daughter and she said I was given two out of the three listed. This entire time I thought my problems were due to the septic shock but there is a great chance that they were caused by the medication I have more then half the side effects that are listed on the article still to this day. So would I be eligible and be excused from the statutory of limitation rules ?
I am only speculating but the discovery rule would not save you for two reasons. First, although you just found out about it the information was available long ago. The discovery rule only applies when the information was not available at all. Second, in addition to the statute of limitations to which the discovery rule sometimes applies, there is the statute of repose. Every state is different on the statute of repose. The statute of repose is generally 6 to 10 years. No case can be brought once the statute of repose runs.
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