Potential plaintiffs in the Chantix lawsuits should consult their lawyers as soon as possible in order to avoid exclusion from litigation due to the statue of limitations in their state. Many plaintiffs will not be able to file a lawsuit after June of 2011, the two-year anniversary of the popular smoking cessation drug’s mandated black box warning by the Food and Drug Administration. This warning advises patients of the risk of psychological side effects, such as rage, increased aggression, depression, and suicide ideation. Many attorneys say that this warning is still insufficient, as the drug is still on the market and is still putting people at risk.
Statues of limitations are usually between two and four years, and the statue of limitations in Alabama – the state in which the Chantix multidistrict litigation lawsuit is being consolidated – is two years. However, in some cases, the statue of limitations can be extended by a judge, such as if a patient was led to believe by a medical professional that his or her side effects stemmed from something other than the medication. For this reason, it is especially important that potential plaintiffs consult a Chantix lawyer about whether or not they have a case, even if their side effects manifested when the drug was first released.
In almost all cases, the sooner it is filed the more likely it is to be valid, so those who think they may have a Chantix lawsuit should not delay in consulting their attorney. Pretrial proceedings are already taking place in Alabama, and while the first Chantix trial is not scheduled to begin until 2012, the window of opportunity for filing a lawsuit is closing. It is estimated that more than 2,000 Chantix lawsuits will be included in the multidistrict litigation case by the time the first trials get underway.
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