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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I am currently 53 years of age and could not have children

Customer Question

I am currently 53 years of age and could not have children because of a birth defect called a bicornuate uterus. found out my mother was prone to miscarriages and took a drug called Diethylstilbestrol (DES) made byELI Lilly which is a direct cause of my birth defect. Can I still sue? I do not have proof other than my mother had over 6 miscarraiges..and I have a bicornuate uterus and cannot have children.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of your unfortunate situation.

Pharmaceutical claims can be tricky (they take a lot of money to prosecute as you need to deal with the complexities of civil procedure plus the costs and expertise of expert witnesses to prove causation and damages). In addition, you have an issue with extended statute of limitations (I don't know that your claim is going to be barred or not, many of these claims are brought under a "delayed discovery" theory), so you are going to want to speak with a local attorney to discuss your claim.

After talking to a local plaintiff's lawyer (also called "personal injury attorneys" or "trial attorneys") you may wish to proceed in an individual case (requires a lot more work and capital - they may be willing to represent you on a contingency basis - where they advance their services in exchange for a portion of your recovery), or advise that you join a class action (depending on whether or not you meet the required specifications to join the class, and whether the damages being sought in the class action are appropriate compensation for your claim (I don't advise simply jumping into a class based on an online, or television advertisement for a serious claim such as this).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).