STORY FROM: Drugs & Medical Devices
11th Cir. Asks Texas High Court to Interpret Discovery Rule in Transvaginal Mesh Action
September 25, 2017
ATLANTA — A federal appeals court has asked the Texas Supreme Court to provide insight in a transvaginal mesh case as to whether the state’s statute of limitations was triggered only when the plaintiff was placed on reasonable notice that the manufacturer acted negligently.
On Sept. 20, the 11th Circuit U.S. Court of Appeals certified the question of whether a claim accrues under the Texas discovery rule only when the plaintiff is placed on reasonable notice that the manufacturer has acted negligently or whether accrual can occur earlier, when the plaintiff is placed on notice of a causal connection between ...