Mitsias v. I-Flow Corporation

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2011 IL App (1st) 101126 FIFTH DIVISION September 23, 2011 No 1-10-1126 ANGELA MITSIAS, a/k/a Angel Mitsias, Plaintiff-Appellant, v. I-FLOW CORPORATION, STRYKER CORPORATION, and STRYKER SALES CORPORATION, Defendants-Appellees (STEVEN LEVIN, M.D., Defendant). ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County, Illinois. No. 09 L 01633 Honorable John A. Ward, Judge Presiding. JUSTICE JOSEPH GORDON delivered the judgment of the court, with opinion. Presiding Justice Epstein and Justice McBride concurred in the judgment and opinion. OPINION ¶1 Plaintiff appeals the dismissal of her products liability suit against I-Flow Corporation, Stryker Corporation, and Stryker Sales Corporation (collectively, the product liability defendants) as time-barred under the two-year limitations period for product liability actions as set forth in section 13-213(d) of the Code of Civil Procedure (735 ILCS 5/13-213(d) (West 2008)). ¶2 Dr. Steven Levin performed surgery on plaintiff s left shoulder on October 24, 2001. Subsequently, plaintiff experienced severe pain in her shoulder and was diagnosed with glenohumeral chondrolysis, the destruction of cartilage in the shoulder joint. On October 22,