STORY FROM: Drugs & Medical Devices
11th Cir. Reinstates 12 Mentor ObTape Actions, Says Claims Not Time-Barred Under Discovery Rule
March 21, 2017
MINNESOTA — A federal appeals court has reinstated 12 Mentor ObTape lawsuits, ruling that under the discovery rule the plaintiffs’ claims are not time-barred because they did not know of a causal connection between the product and their injuries more than six years before filing suit.
On March 9, the 11th Circuit U.S. Court of Appeals concluded that Minnesota law requires a plaintiff to know of a causal connection, rather than just a mere connection.
Twelve women filed separate actions against Mentor Corp. and Mentor LLC in Minnesota state court, alleging they were injured by the ObTape Transobturator Tape, a ...