We are pleased to report that on April 7, 2020, the Ninth Circuit Court of Appeals overturned the lower court’s dismissal of the claims of the victims of ECT treatment and reinstated the action.
The trial court previously held that the statute of limitations began to run for these claimants at the precise moment of their last ECT treatment, and since that was more than two years before the filing of their Complaint, the trial court had decided the claims were barred by the statute.
The appeals court disagreed, holding that the “injury” for the purpose of these claims is not necessarily the last time the claimants had their ECT procedure that caused them to suffer brain damage. Rather, the Court of Appeals ruled that in California, the “discovery rule” applies and provides that the statute of limitations only begins to run when the plaintiff learns of his or her injury and its negligent cause.
As a result, we are now able to successfully argue that regardless of how long ago the last ECT procedure was performed, the statute of limitations to apply to ECT victims does not begin to run until the discovery of the damage caused by ECT occurs.
A copy of the Court’s opinion may be seen here.
As a result of the evidence that continues to be secured, numerous new actions are now being filed against the ECT manufacturers nationwide to recover for permanent cognitive impairment caused by the unwarned potential for brain damage from ECT. If you or a loved one is suffering from permanent cognitive impairment following ECT, you are invited to contact ECT@dk4law.com and request a no cost questionnaire for evaluation.