Pamela Sutherland v. DCC Litigation Facility, Inc.

At issue is whether Michigan’s statute of limitations bars Pamela Sutherland’s lawsuit to recover for injuries caused by allegedly defective breast implants. It does. Michigan does not have a discovery rule, and as a result its three-year limitations period started running at the time of Sutherland’s surgery — June 1, 1988. See Mich. Comp. Laws § 600.5805(13); Trentadue v. Buckler Lawn Sprinkler, 479 Mich. 378, 738 N.W.2d 664, 672 (2007). That gave her until June 1991 to file suit. She waited until January 1993 to file the action. That was too late.

The majority reaches a different conclusion…