172630P.pdf   02/04/2019  Jo Levitt  v.  Merck & Company
   U.S. Court of Appeals Case No:  17-2630
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Gruender, Author, with Colloton and Grasz, Circuit Judges] 
   Civil case - Products liability. In an action claiming plaintiff was 
   injured by the pain and anti-inflammation drug Vioxx, the district court 
   erred in determining as a matter of law that her 2006 suit was time-barred 
   because her claims accrued prior to September, 2001; there was still a 
   question of fact for the jury to decide because contradictory conclusions 
   could be drawn as to whether the evidence was such as to place a 
   reasonably prudent person on notice of a potentially actionable injury 
   before September 29, 2001; the court predicts the Missouri Supreme Court 
   would conclude that mere knowledge in the medical community of a possible 
   link between Vioxx and heart problems did not, as a matter of law, place a 
   reasonably prudent person in plaintiff's position on notice of a 
   potentially actionable injury. Judge Colloton, dissenting.