Can I still sue for injury for taking phenobarbital back in the 60's? 6 Answers as of May 09, 2014Hi. I took phenobarbital in the 1960's and I heard it could have been dangerous back then. I have also have done some research myself and found that at one point, there were speed also added to the compounds among other things. But the story I heard was at one point, there was a mix up in the lab and a lot of people died and others were brain damaged. When I'm talking brain damage, I mean it affected the memory. This part I believe because I read an article on the internet, of course this would of all been covered up by these big pharmaceutical companies anyway. Could you give me any information about this? Thank you.
Law Offices of George H. Shers | George H. Shers
You do not say that you have any memory or other medical problems; without a physical injury you have no damages and can not successfully sue. You sound like we are in the same age range; unfortunately, memory problems in a person's 60's is not uncommon. You also would be barred by the Statute of Limitations unless you could show that you did not reasonably know until now that you were injured. Information on the internet, especially about medical and scientific facts and research is often highly inaccurate. Do you really think that the drug companies are powerful enough to hide their blame if several people were killed? Would plaintiff attorneys kept quiet about such a situation? It would cost a lot of money to get medical opinions that would tie your problems to something that happened 50 years ago, as their probably is no connection.
Answer Applies to: California
Boesen Law, LLC | Joseph J. Fraser III
The challenge here is the Statute of Limitations which bars lawsuits attempted too long after one had reason to know there was a problem to complain of. I can't provide specifics without knowing your facts and jurisdiction, but I wouldn't offer hope for claiming now about a matter 50 years old.
Answer Applies to: Colorado