STORY FROM: Drugs & Medical Devices
V.I. Federal Judge Dismisses Dilantin Injury Case as Time-Barred Under Miss. Law
May 7, 2018
ST. CROIX, V.I. — A Virgin Islands federal judge has dismissed a Dilantin injury case against Pfizer, ruling that the claims are time-barred under the applicable statute of limitations because the plaintiff could have discovered the possible cause of his injuries long before he filed suit.
On May 1, Judge Anne Thompson of the U.S. District Court of the Virgin Islands found that the plaintiff knew he suffered an adverse reaction in 1994 shortly after taking Dilantin but failed to initiate any inquiry until 2014. As such, the limitations period was tolled by neither the discovery rule, nor fraudulent concealment ...