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Posts tagged "Drug product liability defense Rhode Island statute limitations summary judgment Zometo BRONJ"

R.I. Federal District Court Denies Drug Manufacturer's MSJ Based on Statute of Limitations

In the context of drug product claims, Rhode Island's Supreme Court has liberally construed Rhode Island's three-year statute of limitations for personal injuries, R.I.Gen.L. 9-1-14 . In Anthony v. Abbott Labs., 490 A.2d 43, 46 (R.I. 1985), the Court held that the statute of limitations on such a claim does not begin to run until the injured person should have, with reasonable diligence, discovered the drug manufacturer's alleged wrongful conduct. The Anthony court said that a person who was experiencing adverse effects of a drug might reasonably assume that it was an acceptable or unforeseeable consequence or side effect of an otherwise effective medication. In subsequent decisions the Court has said that the trial court must consider information the person received from his or her doctor as well as the state of common knowledge respecting injuries associate with the product. See, Zuccolo v. Blazar, 694 A.2d 717 (R.I. 1997); Renaud v. Sigma-Aldrich Corp., 662 A.2d 711 (R.I. 1995). The case law underlies the fact-intensive analysis in a recent decision by Rhode Island's federal district court denying a drug manufacturer's motion for summary judgment based on the statute of limitations.