Statute of Limitations

July 23rd, 2019 by Rieders Travis in Statute of Limitations

STATUTE OF LIMITATIONS-RISPERDAL LITIGATION Adams v. Zimmer, 2019 U.S. App. LEXIS 34513 (3d Cir. November 20, 2019) Scirica, C.J. Pennsylvania’s discovery rule delays the start of the statute-of-limitations period until a plaintiff knows or reasonably should know she has suffered an injury caused by another. This appeal requires us to decide whether a reasonable juror could credit plaintiff Marilyn Adams’s contention that she reasonably did not know until February 12, 2015 that the hip implant made by defendant Zimmer, Inc., caused her the injuries for which she now sues. When Adams brought a defective design claim against Zimmer in February 2017, Zimmer contended she should have discovered her injury by January 2015, when she agreed to undergo hip implant revision surgery. The District Court accepted Zimmer’s argument and granted summary judgment on the ground that Adams’s claim was untimely under the discovery rule and two-year statute of limitations. In doing so, however, the District Court resolved issues of fact regarding the timing of Adams’s discovery that her hip pain was caused not by her poor adjustment to the implant but instead by the implant itself. Because Pennsylvania law delegates to…