Joy Klein v. Dow Corning Corporation

Joy Klein of New York sued Dow Corning, Inc., of Michigan, fourteen years after Dow Coming products were surgically implanted in her breasts but approximately one year after the implants allegedly burst or ruptured. Sitting in diversity jurisdiction, the district court applied New York law, 1 2and dismissed the suit on summary judgment as time barred. The court held that the statute of limitations ran from the date of injury, which the court interpreted as the date of implantation. We reverse.

The following facts are asserted by the plaintiff and not contested by the defendant. Dow Corning…