## Facts

- In 1973, Robert Goldsmith underwent a total hip replacement at New York Hospital performed by Dr. Chitranjan S. Ranawat.
- A femoral component of the hip prosthesis was manufactured by Howmedica, Inc. and implanted during the surgery.
- The prosthesis functioned for several years.
- In 1981, the femoral component fractured, allegedly causing injury and necessitating further treatment.
- Goldsmith and his wife sued after the 1981 fracture: they asserted medical malpractice claims against the surgeon and products liability (negligence and strict liability) claims against the manufacturer.
- The action was filed within three years of the 1981 injury but more than three years after the 1973 surgery.

## Issues

1. Whether the medical malpractice claims against the surgeon accrued at the time of the 1973 surgery/treatment or at the time of the 1981 device fracture for limitations purposes under CPLR 214-a.
2. Whether the products liability claims against the prosthesis manufacturer accrued at implantation/sale or upon injury when the device failed.
3. Whether prior precedent recognizing injury-based accrual for manufacturers of implanted devices altered malpractice accrual rules for claims against physicians.

## Decision

- The Court of Appeals held the medical malpractice claims accrued in 1973 when the alleged negligent medical services were rendered and were time-barred.
- The Court held the products liability claims against Howmedica accrued in 1981 upon injury from the fracture and were timely.
- The dismissal was affirmed as to the surgeon and his professional corporation.
- The claims were allowed to proceed as to Howmedica.

## Legal Principles

- Under CPLR 214-a, a medical malpractice claim generally accrues when the alleged wrongful act or omission occurs (the date of treatment), not when the injury is discovered or later manifests.
- A later mechanical failure of an implanted device does not shift the accrual date for malpractice claims arising from professional judgment or services connected to selection, placement, or care.
- Products liability claims against a manufacturer of an implanted medical device accrue upon injury caused by the allegedly defective product, even if implantation occurred years earlier.
- Precedent establishing injury-based accrual for manufacturers does not create an additional exception that extends malpractice limitations periods for claims against health-care providers.

## Conclusion

The court drew a firm line between malpractice and products liability in implanted-device cases: malpractice claims against physicians accrue at the time of treatment and may be barred long before a device fails, while claims against manufacturers accrue upon injury from the device’s failure and may be timely if filed within the applicable period after that injury.


Goldsmith v. Howmedica, Inc., 67 N.Y.2d 120, 500 N.Y.S.2d 640, 491 N.E.2d 1097 (N.Y. 1986)