In-depth guide

UPDATED FEB 2026

Part of the CPAP Cancer investigation

The short answer

Most states have 2-year statutes of limitations for CPAP cancer lawsuits. The discovery rule starts the clock when you knew your cancer was linked to your device — but windows are narrowing.

Contact an attorney immediately to protect your right to sue.

People's Justice Research TeamUpdated February 23, 2026Fact-checked

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Filing deadlines for CPAP cancer lawsuits are governed by each state's statute of limitations (SoL) for personal injury and products liability claims. Most states have a 2-year SoL; New York, Michigan, and North Carolina allow 3 years. The 'discovery rule' is critical in CPAP cancer cases: the clock typically starts when you knew — or reasonably should have known — that your cancer was caused by CPAP foam exposure, not necessarily the date of the 2021 recall or even your diagnosis date.

Filing a Short Form Complaint (SFC) in MDL 3014 is the primary mechanism for preserving your claim. No blanket tolling order has been issued for unfiled state court claims — plaintiffs who have not filed an SFC may face time-bar risk. The urgency is real: windows are narrowing, particularly for plaintiffs diagnosed in 2022–2023 in 2-year SoL states. Contact us today for a free case evaluation and immediate SFC filing if you qualify.

The full investigation

Part of the CPAP Cancer Investigation