Statute Of Limitations For In Utero Exposure To Toxics.

Plaintiff was born with a birth defect affecting the structure of her brain. She alleges in her action against her mother’s former employer that her injuries were caused by her mother’s exposure and her in utero exposure to hazardous and toxic chemicals at her mother’s workplace more than 20 years earlier. The suit was filed after family member’s heard on the radio that plaintiff attorneys were investigating cases of birth defects caused by chemical exposures in the semiconductor industry. The two-year statute of limitations set forth in Code of Civil Procedure section 340.8, provides for actions “for injury or illness based upon exposure to a hazardous material or toxic substance,” and plaintiff contends that Statute Of Limitations period is subject to tolling for minority or incapacity. Defendant argues plaintiff’s claims are subject to the six-year statute of limitations set forth in section 340.4, which applies to actions based on birth and pre-birth injuries, which statute is not subject to tolling for minority or mental incapacity. The trial court sustained defendant’s demurrer without leave to amend, concluding section 340.4 was the applicable statute. The appellate court held section 340.8 was the applicable statute and reversed. (Nguyen v. Western Digital Corporation (Cal. App. Sixth Dist.; September 25, 2014) 229 Cal.App.4th 1522, [178 Cal.Rptr.3d 897].)