Pain Pumps Lawsuits: Understanding The Statute Of Limitations

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 16, 2021

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Anyone whose had shoulder surgery where doctors prescribed pain pumps during their recovery have a greater chance of developing a very painful condition known as Postarthroscopic Glenohumeral Chondrolysis, or PAGCL. If your surgery was performed many years ago, has the statute of limitations already run for you to file a lawsuit?

Statutes of limitation: What you need to know

Every state has its own statutes of limitation, which is the maximum period of time allowed for filing a lawsuit, and that amount of time may differ depending on whether you’re filing a product liability lawsuit, a personal injury lawsuit or are seeking to recover for the wrongful death of a loved one. Some states also have what’s called a discovery rule, which means that the statute of limitation doesn’t start tolling, or acruing, until after someone discovers that they have been injured.

Understanding what statutes of limation apply to your case can be more complicated than most people think as lawsuits can potentially be filed in the state where you live, in the state where the manufacturer operates or perhaps even the state where the procedure was done. Every case is different and an experienced product liability attorney will be able to analyze your situation and discuss what options may be available to you.

Finding out what options are available to you

Anyone whose been adversely affected by a pain pump should find out what options are available to them. Most products liability lawyers offer free consultations, so you can discuss your situation and decide what, if anything, to do – without obligation. The lawyer you speak with will be able to explain the process and provide you with information on how manufacturers neglected to warn consumers about the known dangers of pain pumps.

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