Riker Danzig’s Products Liability team achieved a notable win for longtime client Johnson & Johnson/Ethicon in a case on appeal before the Second Circuit Court of Appeals.
In Perciballi v. Ethicon, Inc., the plaintiff sought to recover damages for personal injuries sustained after she was implanted with transvaginal tape devices manufactured by Ethicon.
At the district court level, Firm Co-Chair Kelly S. Crawford, who is head of the Firm’s Products Liability, Toxic Tort and Mass Tort Practice, successfully argued for Summary Judgment in the Eastern District of New York. The court granted the motion, finding that plaintiff’s claim was barred by New York’s statute of limitations.
Plaintiff appealed, and the Court of Appeals affirmed the judgment of the district court on August 8, 2022.
The case has great significance, confirming that, under New York law, the three-year Statute of Limitations is triggered by the date of onset of symptoms.