Gnazzo And Thomas Paine Case Summary

Name: Danielle Kissi
Course: Introduction to Law
Professor: April Pitts
Date: 10/30/2012

Assignment: Brief a Case page 282

Case Name: Gnazzo v. G.D. Searle & Co. 973 F 2nd 136 1992 U.S. App. Lexis 19453 United States Court of Appeals, Second Circuit

Facts: In 1974, Gnazzo had an IUD implanted in her uterus as a contraceptive device. In 1975, Gnazzo experience painful cramping which turned out to be Pelvic Inflammatory Disease (PID). Although she suffered another PID infection later, she continued to use the IUD until December 1977. In 1989, a fertility specialist told Gnazzo she was infertile because of the PID that resulted from the use of the IUD. Later that year, Gnazzo answered an attorney questionnaire stating that she first suspected the IUD had caused her infertility in 1981 after researching the product over the internet. In 1990, Gnazzo initiated a complaint against Searle; the maker of the IUD.Searle said Gnazzo’s claim was time-barred by a 3 year statute of limitations for product liability actions.
Gnazzo Appealed.
Issue: Did the statute of limitations begin to run when the defendant first suspected harm had resulted from the product or when her suspicions were validated by a medical