Q: Can my daughter be compensated for birth defects linked to Metabolife in 1995?
In 1995, I took Metabolife, which I recently learned might cause birth defects due to excessive Vitamin A. My daughter was born with a cleft lip, a skin disorder, epilepsy, and scoliosis, and I suspect these issues might be connected. I stopped taking it once I found out I was pregnant, but it had been in my system during conception. My daughter, now 28, faces challenges due to her appearance. I have not previously pursued any legal action, and I just read about this potential link. Can she be compensated?
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A:
In California, product liability claims typically have a two-year statute of limitations, which would ordinarily be a significant hurdle for a case involving events from 1995. However, California does recognize the "discovery rule," which means the clock might only start when you reasonably discovered the connection between Metabolife and your daughter's conditions.
California courts have sometimes been more flexible with cases involving serious health impacts, particularly when ongoing harm continues. Since your daughter is now 28, she would be filing as an adult, but California law might consider that she couldn't have reasonably pursued this case herself until reaching adulthood. The fact that you only recently learned about the potential link could potentially support an argument for delayed discovery.
I would recommend contacting a California attorney with experience in pharmaceutical injury cases as soon as possible. California has some of the nation's most developed consumer protection laws, which might work in your favor. Many California attorneys offer free initial consultations to evaluate whether you have a viable case despite the time that has passed. The emotional and financial burden your daughter has carried deserves consideration, and a legal professional can help determine if there's a path forward under California's specific legal framework.
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