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Medtronic Hernia Mesh Suit Untimely Even With Discovery Rule

Oct. 27, 2021, 7:47 PM

A New Mexico woman alleging harm from a Parietex hernia mesh product waited too long before suing Medtronic Inc. and affiliated company Covidien LP, the Tenth Circuit affirmed Wednesday.

New Mexico’s top court would extend the discovery rule to personal injury product liability cases, like Janice Nowell’s case here, the federal appeals court predicted. The rule keeps the clock from starting until a plaintiff discovers an injury and its cause.

But the discovery rule doesn’t save Nowell’s claims because she didn’t act diligently enough to learn the cause of her harm, the U.S. Court of Appeals for the Tenth Circuit ...