Supreme Court of Alabama
Ex Parte Integra Lifesciences Corporation (in Re: Tawni Brooks and Bobby Brooks v. Kitti Outlaw, Md)
August 24, 2018271 So. 3d 814
Summary
The Court granted Integra's mandamus petition in part, directing summary judgment on Brooks's AEMLD claim because she possessed a medical record identifying the SurgiMend product before filing suit and failed to exercise due diligence to identify its manufacturer. The Court denied relief as to the breach-of-warranty claim because that claim is distinct from an AEMLD claim, is generally subject to a four-year limitations period, and Integra did not establish that the claim was untimely. The Court also held that mandamus was an appropriate vehicle for reviewing the limitations and fictitious-party relation-back issue.