Makin

Makin v. Pfizer Inc.

Good Law
144 F. App'x 648
United States Court of Appeals for the Ninth CircuitAugust 15, 2005No. 03-36050California482 words

Opinion

Lead Opinion

*649 MEMORANDUM *

Dr. Harbir Makin filed this products liability action against Pfizer, Inc. and Warner-Lambert Co., the manufacturers and distributors of a cholesterol-lowering prescription medication marketed under the brand name Lipitor. Dr. Makin alleges that he suffers from chronic myopathy, a muscle impairment, as a result of taking Lipitor. Granting summary judgment, the district court ruled that under Alaska law, the tort claims set forth in Dr. Makin’s complaint are barred by the applicable two-year statute of limitations. We review the district court’s grant of summary judgment de novo, see Buono v. Norton, 871 F.3d 543, 545 (9th Cir.2004), and affirm.

Under Alaska law, a tort claim must be filed “within two years of the accrual of the cause of action.” Alaska Stat. § 09.10.070 (a). Although a personal injury claim ordinarily “accrues” when the plaintiff is injured, see Pedersen v. Zielski, 822 P.2d 903, 906 (Alaska 1991), the Alaska Supreme Court has adopted a discovery rule which provides that a claim accrues “ ‘when the plaintiff has information which is sufficient to alert a reasonable person to begin an inquiry to protect his rights.’” John’s Heating Service v.…

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