Goldrich

The primary issue in this case is whether Sybil Niden Goldrich’s claims against several breast implant manufacturers are barred by limitations. Based upon undisputed evidence establishing that Mrs. Goldrich experienced excruciating pain, scarring, disfigurement and disability in July 1983, and was advised by three physicians in 1984 to have the implants permanently removed, we conclude'her 1986 lawsuit was untimely.

Facts

In early 1983, Mrs. Goldrich underwent bilateral modified radical mastectomies, after which she consulted four plastic surgeons about reconstructive surgery and ultimately engaged Kurt Wagner, M.D. On July 26, 1983, Dr. Wagner performed reconstructive surgery for Mrs. Goldrich and implanted two silicone gel filled, polyurethane foam covered mammary prostheses. When she awoke after the surgery, Mrs. Goldrich felt something had gone “terribly wrong,” a feeling which persisted throughout her hospital stay. She had a fever, a rash on her torso, shooting, stabbing pains across her chest, and a “terrible tightness” in the area of the implants. Over the next month or two, Mrs. Goldrich’s breasts hardened and became dark red. When she complained to Dr. Wagner,…