Case
BUL 4421 Case Brief 2
- Course
- BUL 4421
- Institution
- Florida Atlantic University
Case Brief Gnazzo V Searle
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Business LawTR 11:00-12:15
Case Brief Gnazzo V Searle
Facts:
- November 11, 1974, Gnazzo had a Cu-7 intrauterine device inserted in her uterus for
contraceptive purposes.
- The IUD was developed, marketed and sold by G.D Searle & Co
- On October 11, 1975, Gnazzo went back to her doctor due to excessive pain and
cramping
- During the doctor visit she was informed by her doctor that she had Pelvic
Inflammatory Disease.
- Gnazzo recalled that her doctor stated that the PID could have been from the Cu-7
- Gnazzo took antibiotics to help clear up the infection
- The Cu-7 was removed in December of 1977
- In 1989, Gnazzo was informed by a fertility specialist that she was infertile because
of the Cu-7
- On may 4, 1990 Gnazzo initiated the underlying action against Searle
Issue:
- Gnazzo’s claim that the Cu-7 affected her life and made her infertile was time-barred
by Connecticut’s three years statute of limitations for product liability actions.
Holding:
- The court declined to take action against the Appellee and the districts court decisions
stayed standing.
Reasoning:
-Under Connecticut law, a product liability claim must be brought within three years from
the date when the injury occurred. Conn.Gen.Stat. § 52-577a
- Under Connecticut law, however, "the statute [of limitations] begins to run when the
plaintiff discovers some form of actionable harm, not the fullest manifestation thereof."
Lambert v. Stovell, 205 Conn. 1, 529 A.2d 710, 713 (1987)
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