U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines light on California’s discovery rule as an exception to the statute of limitations, wherein the clock starts running not at the date of injury, but rather when the injured party reasonably discovered the cause of the injury or harm….
By: Fishman Haygood LLP