Statute of Limitations
West Virginia product liability statute of limitations is 2 years from discovery (W. Va. Code § 55-2-12). The argued deadline based on the January 12, 2022 FDA communication is January 12, 2024.
2 years from discovery — January 12, 2024 if triggered by FDA communication
Exposure in West Virginia
Source: WV DHHR opioid response data; CDC WONDER
Source: WV DHHR MAT prescribing data
Clinics & Specialists in West Virginia
West Virginia University School of Dentistry — Morgantown
Marshall Health Oral Surgery — Huntington
Your Legal Team
Diane Kowalski
Partner
Charleston, WV
Diane Kowalski has spent 15 years representing clients in West Virginia's pharmaceutical litigation landscape, with particular focus on cases arising from the opioid epidemic and its consequences. West Virginia has among the highest rates of opioid use disorder in the nation and correspondingly high rates of Suboxone prescribing — making it one of the most active states for Suboxone dental injury claims. Diane brings deep empathy to her work with recovery patients, many of whom have already faced stigma and hardship before discovering that their prescribed medication caused additional, preventable harm. Her track record includes multiple six-figure pharmaceutical settlements on behalf of West Virginia clients.
Education
- J.D., West Virginia University College of Law (2011)
- B.A., Political Science, Marshall University (2008)