The U.S. Court of Appeals for the Eleventh Circuit, ruling in a pelvic mesh case, has certified an “unresolved question of Texas law” to the Texas Supreme Court involving when the statute of limitations period accrues in product liability lawsuits.
The Sept. 20 ruling comes in a case that originated in multidistrict litigation in Georgia, where U.S. District Judge Clay Land granted summary judgment last year after concluding that the plaintiff’s claims were barred by the two-year statute of limitations under Texas law. Ann Marie Bergin, a Texas resident, sued Mentor Worldwide LLC in 2013 after she suffered vaginal pain and discharge allegedly due to its defective ObTape mesh device, which is surgically implanted in women to treat urinary incontinence.
