How is the Georgia General Assembly like Dr. Seuss’s kind-hearted Horton the Elephant? They both meant what they said and said what they meant. Horton was talking about an elephant’s faithfulness (being 100%). The Georgia General Assembly was talking about requiring that product liability claims be initiated within ten years from “the first sale
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A Bed of Their Own Making: Taxotere Claims Held Untimely Under Oregon Statute of Repose
By Andrew Tauber on
We have frequently reported on plaintiffs’ efforts to salvage untimely claims in the Taxotere MDL. See, for example, here, here, and here. As we explained here, the basic problem for many plaintiffs—who claim that the chemotherapy drug Taxotere caused them permanent hair loss—is how the MDL master complaint defines the plaintiffs’…
No Medical Device Exemptions to Texas Statute of Repose
By Michelle Yeary on
It’s a short week, so we are going to do a short post about a short decision on a product that lasted a long time.
An inferior vena cava (“IVC”) filter was implanted in plaintiff in 2004. Some years later she experienced a complication, not identified in the decision, which led her to file a…
Statute of Repose is the Star of the Show in Tennessee Hip Implant Appeal
By Rachel B. Weil on
The long-planned New York trip is in the books, and it was a smashing success. The Drug and Device Law Dowager Countess (almost 88) was ecstatic throughout, and all of the puzzle pieces meshed seamlessly. We can report that The Music Man is a serviceable revival of a silly, illogical musical (most of our classic…
Fraudulent Concealment Does Not Toll Statue of Repose in Indiana
By Michelle Yeary on
To borrow from the bartender with the twang and the bouffant at Bob’s Country Bunker, this blog’s got both kinds of medical products liability litigation – drug and device. And, while the difference between country and western music may be lost outside of Kokomo (and presumably Nashville), the difference between drugs and devices, admittedly…
Georgia Statute of Repose Knocks Out Failure to Warn Case
By Michelle Yeary on
We aren’t going to beat around the bush today – the facts of Paulsen v. Abbott Laboratories, 2021 WL 4439408 (N.D. Ill. Sept. 28, 2021) are straightforward and so too will we be. This case is largely about the chronology, so here it is:
- Plaintiff gets injections of the drug in February and March
…
Tennessee Statute of Repose Shuts Down Pelvic Mesh Case
By Stephen McConnell on
On Christmas Eve we blogged about a pelvic mesh case that had the veritable “mixed bag” of rulings. A bad bit in that bag was the court’s ruling that the statute of limitations had not been triggered until a doctor performed a revision operation and told the plaintiff the operation was necessary to address issues…
Putting Some Teeth In Repose
By Eric Alexander on
We start with a disclaimer: The following metaphorical exercise is somewhat forced, but we are doing it anyway. If you are like us, then you are a few months in on a pattern of only buying groceries every week or so, perhaps supplemented by bulk deliveries of meat or seafood that you may need to…
It’s “Hip” to Be Timely: Plaintiff’s Hip Implant Claims Barred by Texas’s Fifteen-Year Statute of Repose
By Rachel B. Weil on
We just saw a commercial with the tag line, “Life is messy. Clean it up.” It’s true – life is messy, sometimes gloriously so. Rules get broken, scripts get torn up, best-laid plans are tossed aside by the winds of fortune. That’s why we like statutes of repose. They are bulwarks in a system in…
Statute of Repose Bars Suit in Biomet Hip Implant MDL.
By Rachel B. Weil on
We just returned from a four-night cruise that included a stop in Havana, Cuba. We won’t bore you with too many details about the dinner tablemate who proclaimed, “Let’s kill all the lawyers,” when we told her what we do for a living. And who commented, when we talked about an onboard trivia contest, “Well,…