Reglan Statute of Limitations
State of Florida
If you or your child has suffered from taking Reglan® or metoclopramide, you have a limited amount of time to file a Reglan-related lawsuit. Each state sets a specific amount of time in which to file a case, known as a “statute of limitations,” which prevents a claim from being filed after this time has elapsed.
You may be able to file a claim for your injuries if you suffer from symptoms of tardive dyskinesia, but you must do so before the statute of limitations in your state expires. Talk to a Reglan injury lawyer if you think you may have a case.
The statute of limitations for Florida is as follows:
- 4 years with Discovery Rule. When a personal injury action has yet to be brought or is in litigation and the plaintiff dies as a result of these injuries, no action for the personal injury shall survive, and any such action pending at the time of death shall abate (terminate).
- 2 years with discovery rule.
- Statute of Repose: 3 years from malpractice.
- Statute of Repose: 4 years from the malpractice. Statute of limitations applies to minors age 8 and older. Children must bring suit by 8th birthday or within statute of limitations, whichever is greater.
- Caps: Non-economic Damages for Negligence of Practitioners: Non-economic damages, regardless of number of practitioner defendants, may not exceed $500,000 per claimant. If negligence, however, resulted in permanent vegetative state or death, total non-economic damages may not exceed $1 million. In cases that do not involved death or permanent vegetative state, claimant may recover non-economic damages not to exceed $1 million if: (i) trial judge determines that manifest injustice would occur unless increased non-economic damages are awarded based on finding that non-economic harm sustained was particularly severe; and (ii) tier of fact determines that negligence caused catastrophic injury to patient.
- Non-economic Damages for Negligence of Nonpractioners: Non-economic damages may generally not exceed $750,000. If negligence resulted in permanent vegetative state or death, damages may not exceed $1.5 million. In cases that do not involve death or permanent vegetative state, claimant may recover non-economic damages not to exceed $1.5 million under specific circumstances.
- Claimant may recover attorneys fees and costs of up to 25% of award. Claimants award is reduced by any damages received from arbitrating codefendants.
- 4 years with Discovery Rule.
- Statute of Repose: Claimant may not commence action for products liability, including wrongful death action or other claim arising from personal injury or property damage caused by product, to recover for harm allegedly caused by product with expected useful life of ten years or less, if harm was caused by exposure to or use of product more than 12 years after delivery of product to first purchaser or lessee.
- Statute of limitations runs from when injury is, or should have been, discovered. See specific rule for medical malpractice. Under Florida law, the "delayed discovery doctrine" generally provides that a cause of action does not accrue until the plaintiff either knows or reasonably should know of the tortious act giving rise to the cause of action.
Statutes of limitations are always subject to change by the governing bodies in Florida. Please know the statutes listed above are available for your reference only. If you have specific questions about the statute of limitations in Florida, Reglan news, or have experienced a Reglan drug injury, contact a Reglan injury lawyer today.