Speicher v. Dalkon Shield Trust

MEMORANDUM AND ORDER

JOYNER, District Judge.

INTRODUCTION

In this diversity action, plaintiff Carole Ann Speieher is suing Dalkon Shield Claimants Trust 1 (“Daikon Shield”) for reproductive problems she claims were caused when she used an Intrauterine Device (“IUD”) in the 1970s. Plaintiff has asserted a claim for negligence, failure to warn, strict liability, breach of warranty and fraudulent concealment.

Defendants have filed a summary judgment motion pursuant to Fed.R.Civ.P. 56(c), alleging that plaintiff is barred from asserting a claim because Pennsylvania’s statute of limitations has…