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MOLL v. ABBOTT LABORATORIES

Docket Nos. 93309, 93310, 91561, (Calendar Nos. 3-4).

444 Mich. 1 (1993)

506 N.W.2d 816

MOLL v. ABBOTT LABORATORIES HARRINGTON v. ABBOTT LABORATORIES

Supreme Court of Michigan.

Decided September 21, 1993.

Attorney(s) appearing for the Case

Barr & Associates (by Charles J. Barr) for the plaintiffs.

Shook, Hardy & Bacon (by Andrew See and Michelle R. Mangrum) and Dickinson, Wright, Moon, Van Dusen & Freeman (by Kathleen A. Lang and Mary Beth Kelly) for defendant Eli Lilly & Company.

Plunkett & Cooney, P.C. (by Robert G. Kamenec), for defendant E.R. Squibb & Sons, Inc.

Amici Curiae:

Bowman & Brooke (by Lawrence C. Mann and Terrence E. Haggerty) for the Product Liability Advisory Council, Inc.

Brian J. McKeen and Thomas H. Bleakley for Michigan Trial Lawyers Association.

CAVANAGH, C.J.

In these pharmaceutical products liability actions, we are asked to determine when a cause of action for latent toxic injuries accrues for statute of limitations purposes. We hold that the discovery rule controls the determination of when a cause of action accrues in a pharmaceutical products liability action. Thus, the statute of limitations begins to run when the plaintiff discovers or, through the exercise of reasonable diligence, should have discovered...

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