Tucker

In 1991, plaintiff Erin Page Tucker sued her breast implant manufacturer’s corporate successor Baxter Healthcare to recover for autoimmune injuries allegedly caused by breast implants she received in 1974. Although Tucker suffered from a variety of health problems starting in 1977, these problems were not diagnosed as an incurable autoimmune disease until 1988. Furthermore, Tucker purportedly did not discover the relationship between her ruptured silicone gel breast implants and her autoimmune disease until 1990. The district court granted summary judgment to Baxter Healthcare based on the running of the one-year statute of limitations.

Tucker appeals from the grant of summary judgment. We reverse and remand for further proceedings based on the tolling of the statute of limitations and the existence of material facts in dispute. We write to clarify when the statute of limitations can be tolled where one’s physical injuries are not commonly thought to relate to a malfunctioning product. We decline to address other grounds raised by Tucker.

I.

In 1974, Dr. Robert Oneal surgically inserted silicone gel breast implants into Tucker. About two years later, Tucker began to experience…