C.R. Bard Prevails in Mich. Federal IVC Case on Timeliness Grounds
July 23, 2021
DETROIT — A Michigan federal judge has awarded C.R. Bard Inc. summary judgment in an Eclipse IVC filter case, finding the plaintiff’s claims are time-barred because the injury accrued in October 2012, but the lawsuit was filed more than three years later.
In a July 21 order, Judge Sean F. Cox of the U.S. District Court for the Eastern District of Michigan rejected the plaintiff’s argument that the limitations period was triggered when she experienced anxiety after learning that a piece of the filter had migrated to her pelvis.
Judge Cox explained that the “wrong” under the statute of limitations …