Indiana · Gabapentin use and a claim for memory loss

Gabapentin use and a claim for memory loss in Indiana

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Filing deadline2 years from discovery of injuryInd. Code § 34-20-3-1

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Indiana?

Indiana: 2 years for product liability (Ind. Code § 34-20-3-1). Discovery rule applies — limitations begin when the plaintiff knows or should have known of the injury and its cause. Indiana has a 10-year statute of repose for product liability (Ind. Code § 34-20-3-1(b)). A lawyer can confirm yours.

2 years from discovery of injury

Source: Ind. Code § 34-20-3-1

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Indiana's heavy manufacturing economy produces high chronic pain rates that drive substantial gabapentin prescribing, particularly in industrial centers like Indianapolis, Fort Wayne, and the Gary-Hammond corridor. The state was severely impacted by the opioid crisis, and gabapentin prescribing surged as physicians sought alternatives for chronic pain patients whose opioid access was restricted. Indiana has not scheduled gabapentin as a controlled substance despite neighboring Ohio and Kentucky doing so. The state's Product Liability Act provides a framework for pharmaceutical claims, though Indiana's comparative fault system and certain statutory protections for manufacturers create a more defense-friendly environment than some neighboring states.

Indiana gabapentin cases may be filed in the Northern District (South Bend, Fort Wayne, Hammond) or Southern District (Indianapolis, Evansville). Marion County Superior Court in Indianapolis handles complex pharmaceutical litigation. Indiana follows the Indiana Product Liability Act (Ind. Code § 34-20-1-1 et seq.) and a modified comparative fault system with a 50% bar. The state has certain statutory protections for manufacturers that comply with FDA regulations, which may be relevant in gabapentin labeling disputes.

How this works nationally

For the overall process and updates, read the Gabapentin use and a claim for memory loss overview. This page covers the local information available for Indiana.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Indiana? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. Ind. Code § 34-20-3-1