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Discovery Rule: Most states use the discovery rule - the statute starts when you: Knew or reasonably should have known you were injured Knew or should have known the injury was caused by the medication Had enough information to investigate a potential claim Example timelines: Scenario 1: Started Ozempic: January 2022 Developed severe vomiting: March 2022 Diagnosed with gastroparesis via gastric emptying scan: June 2022 Statute likely starts: June 2022 (formal diagnosis) Deadline (in 2-year state): June 2024 Scenario 2: Started Wegovy: March 2023 Had nausea but continued medication: 2023-2024 Stopped medication: January 2025 Symptoms persisted and worsened: Spring 2025 Diagnosed with gastroparesis: July 2025 Statute likely starts: July 2025 (when severity became clear) Deadline (in 2-year state): July 2027 Special considerations: Continuing harm: Some courts apply continuing tort doctrine: If injury is ongoing and worsening Statute may not start until harm stops progressing This is state-specific and fact-dependent Fraudulent concealment: If manufacturers actively hid risks: Statute may be tolled (paused) Could extend beyond normal limitations period Must prove active concealment, not just failure to warn Minor children: Statute typically doesnt start until child turns 18 Then runs for normal period (2-4 years) Parents can sometimes file on behalf of minors sooner Why you shouldnt wait: Evidence preservation: Medical records may be destroyed after certain periods Witnesses memories fade Physical evidence deteriorates Pharmacies may purge prescription records MDL considerations: Cases filed early get into the MDL sooner Earlier filings may be considered for bellwether trials Settlement allocation may favor earlier filers Strengthening your case: More time to gather evidence Ability to get proper diagnostic testing while symptomatic Documentation of progression over time Risk of running out of time: Missing the statute of limitations = case permanently barred No exceptions or extensions in most cases Even meritorious claims are dismissed if filed too late What to do right now: Step 1: Find out your states statute Contact us and well tell you the specific deadline for your state

2023 January;22(1):20-27 | doi: 10.12788/cp.0318 Evidence suggests substantial beneficial effects on weight and glycemic dysregulation

April 19, 2022