United States Sixth Circuit

Suit for injuries allegedly sustained as a result of breast implants was properly dismissed on statute of limitations grounds in Kentucky where plaintiff had been aware of both the alleged defect and her claim, the statute had expired by the time she sent an opt-out form to the claims office, and defendant had not waived the defense.

Appellate Information

• Argued 11/29/2001
• Decided 05/06/2002
• Published 05/06/2002

Judges

• Before: MERRITT, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Curt L. Sitlinger (argued and briefed), Sitlinger, McGlincy, Steiner, Theiler & Karem, Louisville, KY, for Plaintiff-Appellant.


• For Appellees:
  
• John L. Tate (briefed), Misty C. Schlatter (briefed), Stites & Harbison, Louisville, KY, David L. Schrader (argued and briefed), Brobeck, Phleger & Harrison, Los Angeles, CA, for Defendants-Appellees.