Brooks v. Outlaw (In re Integra Lifesciences Corp.)

Summary

The Alabama Supreme Court reviewed a petition for a writ of mandamus concerning whether claims against Integra relating to surgical mesh were barred by the statute of limitations and whether an amended complaint naming Integra related back under Alabama Rules of Civil Procedure 9(h) and 15(c)(4). The Court held that Brooks failed to exercise due diligence in identifying Integra before the limitations period expired, so relation back was unavailable and summary judgment was warranted on the AEMLD claim. The Court denied relief as to the breach-of-warranty claim because Integra had not established that the claim was time-barred under the generally applicable four-year limitations period.

Holdings

1. Brooks's amendment substituting Integra for a fictitious defendant did not relate back to the original complaint because she possessed medical records identifying the SurgiMend product and failed to exercise due diligence to discover its manufacturer before filing suit and before the limitations period expired. Her AEMLD claim was therefore barred by the two-year statute of limitations.
2. The absence of prejudice to Integra could not make the amendment relate back because prejudice is considered only after the requirements for relation back, including due diligence, have otherwise been satisfied.
3. Integra did not establish a clear legal right to summary judgment on Brooks's breach-of-warranty claim because that claim is distinct from an AEMLD claim and is generally subject to a four-year statute of limitations, within which Brooks asserted the claim.

Questions Presented

1. Whether Brooks's AEMLD claim against Integra was barred by the two-year statute of limitations because her amendment substituting Integra for a fictitious defendant did not relate back under Rules 9(h) and 15(c)(4), Ala. R. Civ. P.
2. Whether Brooks exercised the due diligence required for relation back when the medical records in her possession identified the trademarked product name SurgiMend and an Internet inquiry could have revealed Integra's identity.
3. Whether Integra established a statute-of-limitations basis for summary judgment on Brooks's breach-of-warranty claim.

Disposition

writ_granted