Legal Opinion
Smith v. Dalkon Shield Trust (In re A.H. Robins Co.)
District Court, E.D. Virginia
Decided March 28, 1995No. 85-01307-RPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
MERHIGE, District Judge.
This matter is before the Court on Daikon Shield Claimant Gwendolyn Smith’s (“Mov-ant”) Motion for Leave to File a Late Claim. For the reasons which follow, the motion will be denied.
I
Movant had an IUD inserted in 1973. Until 1994, Movant alleges that she had always been healthy, and had no reason to perceive any health risk because she was always able to locate the string on her IUD, as instructed by her physician. In March, 1994, however, Movant underwent emergency surgery which resulted in a complete hysterectomy and the removal of a Daikon Shield. See…
2Cases cited5 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Rohrbough v. Wyeth Laboratories, Inc.Court of Appeals for the Fourth Circuit · 1990
- In re A.H. Robins Co.District Court, E.D. Virginia · 1994
- Vancouver Women's Health Collective Society Women's Health Clinic, Inc. Council for the Status of Women of Dublin, Ireland v. A.H. Robins Company, Incorporated, Official Committee of Equity Security Holders, Intervenor. National Women's Health Network Ubinig v. A.H. Robins Company, Incorporated, Official Committee of Equity Security Holders, Intervenor. Committee of Dalkon Shield v. A.H. Robins Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1987
- United States v. McIntoshDistrict Court, D. Kansas · 1996
3Cited by4 opinions
- Allen v. Dalkon Shield Trust (In re A.H. Robins Co.)District Court, E.D. Virginia · 1995
- In re A.H. Robins Co.District Court, E.D. Virginia · 1997
- Bennett v. Dalkon Shield Trust (In re A.H. Robins Co.)District Court, E.D. Virginia · 1996
- Warren v. Dalkon Shield Trust (In re A.H. Robins Co.)District Court, E.D. Virginia · 1995