Fact Issues on Limitations
July 25, 2023The Fifth Circuit found that fact issues about the plaintiff’s discovery of his potential claims precluded summary judgment in Bruno v. Biomet, Inc.:
On the one hand, a jury could reasonably determine that contra non valentem tolled the prescription period until September 2019—given Bruno’s consultations with his doctor, a medical professional. But on the other hand, a jury could just as reasonably determine that contra non valentem tolled prescription until some point in time before September 2019. It is unclear whether Bruno stopped suffering complications from infections after the removal, such that his recovery after the device’s removal would have put him on notice of any fault of Biomet’s before the letter was received.
No. 22-30405 (July 21, 2023).
