Berger and Others v Eli Lilly & Co and Others

[1992] LS Law Med 233

QUEEN'S BENCH DIVISION

and Mr Justice HIDDEN

Limitation — Knowledge — Opren cases — Actual and constructive knowledge — Actions claiming damages for personal injuries allegedly sustained as a result of taking drug Opren between October 1980 and August 1982 — Writs issued 1987, 1988 and 1989 — Whether actions time-barred because plaintiffs had actual and constructive knowledge within Limitation Act 1980 — Wherthert it would have been reasonable for her to have complained to the doctor — Whether claim not time-barred because plaintiff did not regard her injury as significant until June 1988