The Oregon state legislature is considering various proposals that would permit an expansion on time limits for consumers to file product-liability lawsuits against manufacturers.

Currently, a Oregonians must file suit within two years of discovery or 10 years of purchase, whichever is earlier. For wrongful-death actions connected with product liability, the filing deadlines are within three years of discovery or 10 years of purchase. One proposal would add two to four years after purchase, respectively.

But another proposed bill separately calls for an exception for Vioxx. Users would have within four years of discovery or purchase, and in the case of wrongful death, the proposed limit would be stretched to six years. “It simply attempts to give Oregonians an opportunity to go to court,” says Larry Baron, a Portland lawyerwho says someone’s discovery of personal injury from the use of Vioxx is likely to have occurred more than two years after the medication was purchased.

A local PhRMA lobbyist say the industry is willing to support some expansion for time limits, but not a separate measure for just one drug. “Without the balanced safeguard offered to prescription-drug manufacturers” through a statute of limitation, says Jim Gardner, a former Oregon lawmaker, “some manufacturers may choose not to sell their products in Oregon.”

Hmmm. In an age where market share is king and product liability litigation is increasingly considered to be part of the cost of doing business, would any company make good on such a threat? And if so, for all drugs, or just certain meds?

Further reading…
The Salem Statesman-Journal;
House Bill 2448 carves out Vioxx.[tags]Oregon, Product Liability[/tags]