Los Angeles, CAAccording to Kate Gillespie, an attorney with Baum, Hedlund, Aristei & Goldman, patients who suspect they have suffered Reglan side effects should contact an attorney as soon as possible. Although there are approximately six months before the statute of limitations on filing a Reglan lawsuit runs out, attorneys need time to evaluate and prepare the case.
"The black box warning for Reglan was issued on February 26, 2009," Gillespie says. "I know that sounds like it wasn't that long ago, but for most jurisdictions the time remaining of the statute of limitations is getting shorter and shorter. People need to contact an attorney now. The attorney has to obtain the client's records, evaluate the case and file before the February deadline in most jurisdictions."
"Ultimately, this is an incredibly sad situation… The potential side effects from Reglan and its generic counterparts can cause these symptoms that are very public and that patients can't hide. It's debilitating and scary"
Although it may seem simple for a client to speak to an attorney and file a lawsuit right away, there is a great deal of paperwork that has to be obtained and analyzed so an attorney can mount a proper lawsuit.
"One of our concerns is that we don't want to file claims where we're not clear on what happened," Gillespie says. "It's unfortunate when someone comes to a lawyer and asks about their case but, the statute runs in a week. Most attorneys won't take that case because they can't represent the client in good faith."
Although the statute of limitations varies from state to state, Gillespie says two years is a good general guideline. Because there is currently no centralized litigation for Reglan, attorneys look to the client's state of residence as a guide for the statute of limitations.
"In most states, there is a two-year statute of limitations on personal injury and wrongful death lawsuits," Gillespie says. "That's a good guideline to go on. Not every state has two years. Some have up to six years, but—be warned—some have only one year."
This means that patients who took Reglan for longer than three months and have been diagnosed with tardive dyskinesia, Parkinson's or Parkinson's-like symptoms, or have suffered symptoms like tardive dyskinesia without being diagnosed, should contact an attorney as soon as possible.
"Patients should ask if they have certain symptoms after Reglan use, such as tics, thrusting tongue, eye twitch, lip puckering or restless legs," Gillespie says. "If they know they took Reglan for longer than three months and they have experienced some of these side effects, or if they took Reglan and they are not the same as before, now is the time. It is imperative they find an attorney to evaluate the case.
"Statutes of limitation are complex and no one should rely on this general rule in determining whether or not the time has expired in any state. The best advice that can be given to anyone who believes or even suspects that they have suffered an injury as a result of taking Reglan is that they should consult with a lawyer as soon as possible to determine their rights.
"Ultimately, this is an incredibly sad situation. Oftentimes, the symptoms do not resolve. It's heartbreaking. The potential side effects from Reglan and its generic counterparts can cause these symptoms that are very public and that patients can't hide. It's debilitating and scary. We understand that this is a situation where medication is doing something it wasn't supposed to do and is causing incredible emotional and physical injury to people."
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