MARTIN v. EDWARDS LABS.


60 N.Y.2d 417 (1983)

Suzanne Martin, as Executrix of Michael Martin, Deceased, Appellant, v. Edwards Laboratories, Division of American Hospital Supply Corporation et al., Respondents, et al., Defendant. Joyce Lindsey et al., Respondents-Appellants, v. A. H. Robins Company, Inc., Appellant-Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 1, 1983.


Attorney(s) appearing for the Case

Joseph F. Gervase, Jr., and Joseph R. Connelly for appellant in the first above-entitled action.

Brian M. Zorn for American Hospital Supply Corporation, respondent in the first above-entitled action.

Herman Schmertz for appellant-respondent in the second above-entitled action.

Walter T. Reardon for respondents-appellants in the second above-entitled action.

Arthur N. Seiff and Anthony L. Schiavetti for defendant in the second above-entitled action.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and KAYE concur; Judge SIMONS taking no part.


MEYER, J.

The Statute of Limitations for personal injury caused by the malfunctioning of a prosthetic or contraceptive device implanted or inserted into the human body runs from the date of the injury resulting from the malfunction, not necessarily from the date of implantation or insertion. In Martin v Edwards Labs. the order of the Appellate Division should, therefore, be reversed and the order of the Supreme...

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