Can I sue a medication company for giving me gynecomastia and receive compensation?

UPDATED: Oct 1, 2022

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Can I sue a medication company for giving me gynecomastia and receive compensation?

I am an 18 year old male who developed gynecomastia which I believed my asthma medication has caused when I wad little about the age of 8. That was the only medication I was taking the time and a

bit after taking the medication I developed gynecomastia and I remember my mom being concerned and asked the doctor about but she claimed to be fine. Do you think I have a case taking the asthma medication to court and maybe getting compensation?

Asked on February 25, 2018 under Malpractice Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your claim would be products liability; not medical malpractice.  
Unfortunately, your claim is barred by the statute of limitations.  There is a two year statute of limitations for filing a lawsuit in a products liability (defective product caused injury) case in CA. A lawsuit would have had to have been filed within two years from the time when the injury occurred or should have been discovered.  Since ten years have elapsed, it is too late to file a lawsuit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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