For those wishing to file a lawsuit related to side effects experienced because of the smoking cessation drug Chantix, time may be running out. All civil lawsuits, regardless of whether they are filed in a state court or federal court, are subject to a statue of limitations law which limits the amount of time plaintiffs have to file suit against a defendant. Most statues of limitations are between six months and three years after the discovery of a wrongdoing – meaning, in this case, the manifestation of Chantix side effects.
Many federal Chantix lawsuits are being consolidated in multidistrict litigation, which is a process not unlike class action that helps to speed the legal process and get plaintiffs closer to a settlement more quickly than if each case was treated completely individually. With multidistrict litigation, the cases retain some degree of individuality and settlements are different for each plaintiff based on his or her unique set of circumstances. The multidistrict litigation is taking place in Alabama, where the statue of limitations is two years.
For many plaintiffs it may be too late to file a Chantix lawsuit after June of 2011, which marks the two-year anniversary of Chantix’s FDA-mandated black box warning. The highest warning the Food and Drug Administration can give, Chantix’s advised consumers about the high risk of Chantix-related depression, aggressive behavior, and other psychiatric side effects. Those who experienced side effects before this warning are likely to have a stronger case, although it doesn’t mean that patients whose side effects manifested after the warning are completely excluded from filing suit. Many attorneys and other legal experts still maintain that the black box warning is insufficient.
Potential plaintiffs still wanting to file a Chantix lawsuit should talk to a lawyer as quickly as possible for the best chances of filing a successful lawsuit.
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