Jack Ray Allen and Sandy Lynn Allen, Husband and Wife v. A.H. Robins Company, Inc., a Virginia Corporation

The district court granted summary judgment for defendant, A.H. Robins Company, Inc., the manufacturer of the Daikon Shield intrauterine device, in a products liability action involving allegations of negligence, fraud, breach of contract, and breach of warranty. Because we disagree with the district court’s conclusion that the Idaho statute of limitations bars this diversity action, we reverse and remand to the district court.

FACTS

On October 17, 1972, Sandy Allen had a Daikon Shield, an intrauterine device (“IUD”) manufactured by the appellee A.H. Robins Company, inserted by Dr. Steven C. Green. At the time of insertion, the doctor gave her a pamphlet prepared by Robins. This pamphlet contained instructions on how to check the IUD and listed such possible side effects of the device as cramping.

After eighteen months of using the Daikon Shield, Allen began to experience increased cramping, discharge, spotting, tenderness of the uterus, and pressure on the bladder. She visited Dr. Green because of these complaints in March 1974. When the severity of her symptoms increased, Allen saw Dr. Green again, in July 1975. At that time, Dr. Green prescribed antibiotics for the urinary…