How long do I have to make my claim if my child is disabled as a result of a defective drug I took while pregnant?
In Kentucky we have a very favorable rule called, "The Discovery Rule." Under Kentucky law and the Discovery Rule, the statute of limitations does not begin to run until one year from the date that you discovered that the product was defective, or that you should have discovered it. As it relates to a parents' medical bills or lost wages that they are claiming, the statute of limitations would begin to run on the date that they discovered that the product was defective. For a minor child, that statute of limitations would not begin to run until the 18th birthday of the child. Thus, the statute of limitations would expire on the child's 19th birthday.