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Michigan · Gabapentin use and a claim for memory loss

Gabapentin use and a claim for memory loss in Michigan

See If You Qualify

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Filing deadline3 years from accrual (MCL 600.5827)Mich. Comp. Laws § 600.5805(2)

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

Updated

01 · Your filing deadline

What is the deadline in Michigan?

Michigan: 3 years for personal injury (Mich. Comp. Laws § 600.5805(2)). Michigan has no general discovery rule: a claim accrues when the wrong is done, regardless of when damage results, unless a statute provides otherwise (MCL 600.5827; Trentadue v. Buckler Automatic Lawn Sprinkler Co., 479 Mich. 378 (2007)). A lawyer can confirm yours.

3 years from accrual (MCL 600.5827)

Source: Mich. Comp. Laws § 600.5805(2)

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?

Michigan's industrial legacy — automotive manufacturing, heavy industry, and agriculture — produces elevated chronic pain rates that have driven substantial gabapentin prescribing statewide. The state's opioid crisis hit particularly hard in rural northern Michigan and the Upper Peninsula, where gabapentin became a primary alternative pain medication. Michigan has not scheduled gabapentin as a controlled substance. Detroit, Grand Rapids, and Ann Arbor provide the state's primary medical resources, but vast swaths of rural Michigan have limited neurology access.

Michigan gabapentin cases may be filed in the Eastern District (Detroit, Ann Arbor, Flint) or Western District (Grand Rapids, Kalamazoo). Wayne County Circuit Court in Detroit handles complex pharmaceutical litigation. Under Michigan's comparative fault rule, damages are reduced by the plaintiff's percentage of fault, and a plaintiff more than 50% at fault cannot recover noneconomic damages (MCL 600.2959). The state caps non-economic damages in medical malpractice (MCL 600.1483) and product liability (MCL 600.2946a) cases. Michigan's Drug Product Liability Act provides specific frameworks for pharmaceutical claims.

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 Michigan.

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 Michigan? 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. Mich. Comp. Laws § 600.5805(2)