Hills v. Aronsohn

In Hills v. Aronsohn (1984) 152 Cal. App. 3d 753, the plaintiff received intrabreast silicone injections from the defendant doctor between April and June 1966. in March 1974, the plaintiff noticed lumps and soreness in her breasts, and was informed after a mammogram that she showed numerous nodular and lacy densities which typically follow silicone injections. A second mammogram on April 25, 1975, led to a conclusion by a doctor that she suffered from silicone granulomatosis. The plaintiff's symptoms worsened and she was examined on January 6, 1977. She underwent a bilateral subcutaneous mastectomy on February 28, 1977, and filed an action for medical malpractice against the defendant doctor on March 1, 1978. As to the one year limitations period of section 340.5, the court determined that a triable issue of fact existed as to the date the plaintiff could reasonably have discovered the negligent cause of her injury, because it is unclear whether she would have discovered that the silicone deposits which caused her injury were negligently injected prior to the completion of the subcutaneous mastectomy. (Hills v. Aronsohn, at p. 760.) However, the court went on to conclude that the three-year statute of limitations period contained in section 340.5 ran since the plaintiff experienced injury when the soreness and lumps occurred in March 1974.