Opinion
Civil Action No. 5:03-CV-159-C
January 23, 2004
ORDER
On this date the Court considered Defendant Wyeth and its unincorporated division Wyeth Pharmaceuticals' Motion for Summary Judgment filed November 17, 2003. After considering all the relevant arguments and evidence, this Court is of the opinion that Defendant Wyeth's Motion should be, and hereby is, GRANTED.
The statute of limitations for Plaintiffs claims in Texas is two years. See Tex. Civ. Prac. Rem. Code Ann. § 16.003(a) (Vernon Supp. 1998). The Court finds that Plaintiff admits in her response to Request for Admission No. 4 that she knew her injuries were allegedly caused by Lodine in 1998 when she discontinued use of the drug. Plaintiff filed this lawsuit on May 23, 2003, over four years later. Therefore, no genuine issue of material fact exists regarding whether Plaintiffs suit is barred by the applicable statute of limitations. The Court finds that the applicable limitations period has run and Plaintiff has brought her suit too late.
SO ORDERED.