Massachusetts · Gabapentin use and a claim for memory loss

Gabapentin use and a claim for memory loss in Massachusetts

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Filing deadline3 years from discovery of injuryMass. Gen. Laws ch. 260, § 2A

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

Updated

01 · Your filing deadline

What is the deadline in Massachusetts?

Massachusetts: 3 years for personal injury (Mass. Gen. Laws ch. 260, § 2A). Discovery rule applies — limitations begin when the plaintiff discovers or should have discovered the injury and its cause. A lawyer can confirm yours.

3 years from discovery of injury

Source: Mass. Gen. Laws ch. 260, § 2A

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?

Massachusetts is a premier jurisdiction for pharmaceutical litigation, combining world-class academic medical institutions — Harvard, Mass General Brigham, Boston University, and Tufts — with experienced mass tort judges and a strong plaintiff bar. The state's opioid crisis was among the most severe nationally, particularly in cities like Fall River, New Bedford, and Worcester, driving aggressive gabapentin prescribing as clinicians sought alternatives. Massachusetts has not scheduled gabapentin as a controlled substance but maintains a robust PDMP. The state's 3-year SOL and strong consumer protection laws (Chapter 93A) provide additional legal theories for gabapentin cognitive decline claims beyond traditional product liability.

Massachusetts gabapentin cases are filed in the District of Massachusetts (Boston, Springfield, or Worcester) or in Massachusetts Superior Court. Suffolk County Superior Court in Boston handles complex pharmaceutical litigation. Massachusetts follows modified comparative fault with a 50% bar. The state does not cap compensatory damages in product liability cases. Chapter 93A consumer protection claims provide treble damages for knowing or willful deceptive practices, potentially applicable to gabapentin's off-label promotion history.

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 Massachusetts.

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 Massachusetts? 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. Mass. Gen. Laws ch. 260, § 2A