Fox v. Ethicon Endo-Surgery, Inc.
Supreme Court of California · 2005
35 Cal.4th 797, slip op., pp. 1–2
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalWhat brought the case to court?
After surgery, a patient sued over her care. She later learned that a device may have caused the harm and sought to add a claim against its maker.
The question before the court
Could the delayed-discovery rule apply to a cause of harm that a reasonable earlier check would not have revealed?
What the court decided
The court allowed the claim to be assessed under that rule. It required a factual basis for why a reasonable earlier investigation would not have found the particular cause.
Where the rule has limits
A later diagnosis does not always give you more time. The facts and steps you took to find the cause still matter.
Read the actual decision
Fox v. Ethicon Endo-Surgery, Inc. — full opinion ↗
Legal review is recorded above.
Questions this decision helps explain
Court decisions have distinct facts. Read the opinion and the qualifications in each guide before applying a rule to a different situation.