Donna Marie Cavanaugh v. Abbott Laboratories, Upjohn Company, Schering Corp., White Laboratories, Merck and Co…

Summary

The Vermont Supreme Court overruled the historic Murray v. Allen rule on accrual, adopting a discovery‑based accrual date, and held that the plaintiff’s cause of action accrued on May 1 1979, falling within both the three‑year limitations and the twenty‑year statute of repose, which runs from the plaintiff’s menarche. Accordingly, the court affirmed the trial court’s denial of the defendants’ motions for judgment on the pleadings and summary judgment.