Judge Rules Med Mal Claims Barred by Statute of Limitations, Awards Physician Sum. Judgment

NEW YORK - A physician accused of medical malpractice by a New Mexico woman who allegedly sustained injuries as a result of using Rezulin was awarded summary judgment after a federal judge found that the woman's claim was barred by the state's three-year statute of limitations. In re: Rezulin Products Liability Litigation, MDL 1348 (S.D.N.Y.).

U.S. District Judge Lewis A. Kaplan rejected the plaintiff's argument that the claim was timely since she discovered her alleged injury in 1999 and filed suit in July 2002. Instead, Judge Kaplan ruled that under the New Mexico Medical Malpractice Act (MMA), the statute of …