Bailey v. AH ROBINS CO., INC.

ORDER

McCURN, District Judge.

This matter is before the Court on the defendant’s motion for summary judgment based on the alleged running of the statute of limitations. See N.Y.Civ.Prac. § 214(5). Here, plaintiff is suing the defendant, the manufacturer of an IUD called the Daikon Shield, for the injuries which she allegedly suffered as a result of the defects in a Daikon Shield which was inserted in her by her physician. This Court has today held in a companion case that, absent proof in the record that injury to the plaintiff occurred upon insertion of the device, the Court would date the…