In the Case Opener, a defendant sought to dismiss a plaintiff's case against Accutane arising from allegations that Accutane caused ulcerative colitis and irritable bowel syndrome. Which of the following court rulings was the result of the defendant's motion to dismiss based on statute of limitation grounds?
A) That because the plaintiff was not warned by her doctor of specific risks caused by the medication, the statute of limitations did not begin to run until she became aware of an advertisement discussing the risk.
B) That because the plaintiff was warned by her doctor of specific risks caused by the medication, the statute of limitations began to run prior to the time she became aware of an advertisement discussing the risk; and the statute of limitations barred her claim.
C) That the statute of limitations began to run on the plaintiff's claim when the risk of the drug was discovered by the manufacturer, not on the date on which the plaintiff became aware of the risk and that the statute of limitations, therefore, barred her claim.
D) That in lawsuits involving this type of drug, there is no statute of limitations because each day the plaintiff suffers from pain results in the beginning of a new cause of action.
E) That the defendant committed fraud preventing it from relying on the statute of limitations.

Question

Quizplus · Accepted Answer

The court ruled that because the plaintiff was not warned by her doctor of specific risks caused by the medication, the statute of limitations did not begin to run until she became aware of an advertisement discussing the risk. This decision reflects the principle that a plaintiff must be aware of the harm and its cause for the statute of limitations to begin.

In the Case Opener, a Defendant Sought to Dismiss a Plaintiff's