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California court allows delayed discovery of medical device claim.

Publication: Trial
Publication Date: 01-AUG-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
When an injured plaintiff files a cause of action, the statute of limitations does not necessarily begin to run on all other possible claims related to the injury, the California Supreme Court has ruled.

Applying the delayed-discovery rule, the court held that the statute of limitations does not begin to run on a subsequent claim if "the plaintiff pleads and proves that a reasonable investigation at that time would not have revealed a factual basis for that particular cause of action." (Fox v. Ethicon Endo-Surgery, Inc., 110 P.3d 914...

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