Statute Of Limitations Stops Hormone Replacement Therapy Lawsuit
Posted on Oct 05, 2007
On Monday September 24, a Common Pleas judge in Philadelphia ruled that a woman who filed suit against Wyeth Pharmaceuticals with the claim that the hormone replacement therapy she had taken was the cause of her breast cancer, has been barred by the two-year statute of limitations from bringing a personal injury claim.
In Judge Allen L. Tereshko’s opinion in Coleman v. Wyeth, he made the ruling that the statute of limitations for the claim made by Elizabeth Coleman was not tolled under the discovery rule, which Coleman argued would allow for a delay in filing if the cause of the injury was not immediately known by the plaintiff.
Tereshko said that the period of time on the statute of limitations begins when a plaintiff discovers that she is injured, rather than when she figures out what caused the injury.
Tereshko said that there was no dispute that damage was ascertainable when Coleman had been diagnosed with breast cancer, and therefore the date the cancer was discovered was when the statute of limitations began to run.
Tereshko’s ruling could have an effect upon hundreds of cases. Hormone replacement therapy (HRT) cases have become a hotbed of litigation in the common pleas court's Complex Litigation Center.
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