The appellants appealed the dismissal of their product liability actions against Johnson & Johnson as statute-barred.
They had suffered complications from hernia mesh implants, requiring revision surgeries more than three years before issuing their claims.
The appellants argued their claims were only discoverable when a lawyer advised them the mesh might be defective.
The Court of Appeal upheld the motion judge's finding that, with due diligence, the appellants ought to have discovered their claims shortly after the mesh removal, rendering the actions statute-barred.
