In re Cook Medical, Inc., IVC Filters Marketing, Sales, Practices and Products Liability Litigation

Plaintiff filed a lawsuit as part of consolidated proceedings in the federal court, alleging products liability and implied warranty claims. The defendants moved for summary judgment, arguing that plaintiff’s claims were time barred under the statute of limitations. The district court granted defendant’s motion and plaintiff appealed. The Seventh Circuit affirmed, finding that plaintiff’s claim concerned a latent defect and not a latent injury and that the knowledge of the injury was sufficient to place plaintiff on notice to investigate the fact and circumstances related to her claim. (EASTERBROOK and LEE, concurring)