Ala. Federal Judge Dismisses Filshie Clip Lawsuit as Time-Barred

MONTGOMERY, Ala. — An Alabama federal judge has dismissed a Filshie Clips lawsuit against CooperSurgical Inc. and others, ruling that the claims are time-barred under the state’s two-year statute of limitations because the plaintiffs’ cause of action accrued by mid-2017, yet they did not file suit until January 2022.

On Oct. 4, Judge R. Austin Huffaker, Jr. of the U.S. District Court for the Middle District of Alabama found the limitations period was not tolled by fraudulent concealment because plaintiffs failed to show that defendants fraudulently concealed the risk of device migration from plaintiffs or their doctor.

In February 2017, …