On June 14, 2022, United States District Court Judge Lynn N. Hughes (United States District Court for the Southern District of Texas) issued an Opinion and Order Denying Dismissal in which she stated:
“CooperSurgical, Femcare, Ltd., and Utah Medical Products manufacture and distribute birth control devices called Filshie Clips. They are 3-5 millimeters wide and are placed on the fallopian tubes. The clips apply pressure across the fallopian tubes until they decrease in size, reducing the chances of pregnancy.”
“Utah [Medical Products] and Femcare say that the causes of action in this case were filed outside the two-year statute of limitations period. They say that the discovery rule should not apply because their injuries were discoverable through reasonable diligence. In the alternative, they say that even if the discovery rule applies, Bulox did not file within the two year period.”
“Texas law applies in this diversity case. In Texas, a two-year statute of limitations governs personal injury actions. The discovery rule tolls the statute of limitations until the plaintiff discovers, or through the exercise of reasonable care and diligence should have discovered, the nature of the injury. The injury must be (1) inherently undiscoverable and ( 2.) objectively verifiable. Texas courts explain the ‘inherently undiscoverable’ requirement as not needing to be absolutely impossible to discover, but of such a nature that it is unlikely to be discovered within the prescribed limitations period despite due diligence. Objectively verifiable “means that the presence of the injury and the producing wrongful act cannot be disputed.””
“On July 10, 2010, Bulox had surgery to have the [Filshie] clips attached. Several years later, the pain she was experiencing led doctors to believe her gallbladder was the source of her pain, which was removed. In 2019, she was in extreme discomfort while overseas in Italy. Italian doctors confirmed that her gallbladder was not the source of her pain, leaving open numerous other possibilities. On August 10, 2019, she learned that the cause of her pain were the displaced clips, eliminating all doubt as to the source. Bulox neither knew nor had reason to know that the clips placed on her fallopian tubes had migrated through her intestinal wall. Her doctors did not know either. Her gallbladder was removed in an attempt to alleviate her pain. Italian doctors were unable to make a diagnosis during her trip to Italy in 2019. She exercised due diligence by continuing to seek medical opinions. Bulox’ s injury was inherently undiscoverable. On August 10, 2019, the statute of limitations began to run when the injury became objectively verifiable, and she had actual knowledge of the source of her pain. The statute of limitations expired on August 10, 2021. Bulox timely filed this present action in July 2021.”
“Bulox’s amended complaint adds Femcare and Utah Medical as defendants. Her claims against them arises out of the same transaction as the other defending parties. These newly added parties were properly served and suffer no prejudice in the current action. They knew or should have known that they may be hauled into court as parent companies of the already named defendants.”
Giovanna Bulox v. CooperSurgical, Inc., Case 4:21-cv-02320.
WE ARE CURRENTLY INVESTIGATING FILSHIE CLIP MIGRATION CLAIMS THROUGHOUT THE UNITED STATES.
If you or a loved one suffered injury or other harm from Filshie clip migration, or other Filshie clip issues, in the United States, you should promptly find a lawyer who may investigate your Filshie clip claim for you and represent you or your loved one in a Filshie clip case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find Filshie clip attorneys who may assist you with your Filshie clip claim.
Turn to us when you don’t know where to turn.