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Can I sue for an old injury from a defective drug or medical device that was just recalled or black labeled by the FDA?

In Kentucky we have a very favorable role called the discovery role. Under Kentucky law in the discovery role the statute of limitations does not begin to run until the date that you discover that the product caused you injury or the date that you should have discovered that that product caused you injury. In most pharmaceutical and medical device cases, that date does not begin to run until the FDA recall or the voluntary recall by the product manufacturer. In those situations, the one year runs from the date that you discovered that the product caused you injury.

Client Reviews
I was so pleased with all the good efforts and grateful for all Jessica and her firm did on my behalf. Clare
Kurt was very helpful, caring, and understood the struggle we had. He was diligent and worked fast to make sure our case was handled quick, fairly and properly. He settled my case above my expectations and has continued to stay in contact to make sure all needs were met. Amy
I know Kurt to be a man of integrity with an uncanny sense and knowledge of the law and it's workings. I enthusiastically, without hesitation recommend Kurt and would call upon him again. Linton