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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.