The U.S. Court of Appeals for the Eleventh Circuit, ruling in a pelvic mesh case, has certified an “unresolved question of Texas law” to the Texas Supreme Court involving when the statute of limitations period accrues in product liability lawsuits.
The Sept. 20 ruling comes in a case that originated in multidistrict litigation in Georgia, where U.S. District Judge Clay Land granted summary judgment last year after concluding that the plaintiff’s claims were barred by the two-year statute of limitations under Texas law. Ann Marie Bergin, a Texas resident, sued Mentor Worldwide LLC in 2013 after she suffered vaginal pain and discharge allegedly due to its defective ObTape mesh device, which is surgically implanted in women to treat urinary incontinence.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
