Kathy Philpott v. A.H. Robins Company, Inc.

Appellant Philpott appeals from the district court’s order granting summary judgment in favor of the A.H. Robins Company (Robins), manufacturer of the Daikon Shield intrauterine device (Daikon Shield). The district court held that Philpott’s action, based upon injuries allegedly caused by a Daikon Shield, was barred by Oregon’s products liability statute of limitations. We affirm.

PACTS

In August, 1971, Philpott was fitted with a Daikon Shield. On May 30,1972, she was diagnosed as having Pelvic Inflammatory Disease, with a swollen abscess to her right fallopian tube and ovary. The Daikon Shield was removed. After she experienced continuing complications, her doctor recommended a hysterectomy. On April 4, 1973, surgery was performed which included an abdominal hysterectomy, right salpingo-oophorectomy (removal of the right fallopian tube and ovary) and removal of her appendix. Philpott claims that she did not learn of the connection between her pelvic disorders and the Daikon Shield until January, 1981.

In February, 1981, Philpott filed this lawsuit against Robins alleging as theories of recovery negligence, strict liability, breach of warranty, fraudulent misrepresentations,…