Statute of Limitations
Arizona has a 2-year statute of limitations for personal injury and products liability claims (A.R.S. § 12-542). The discovery rule applies in Arizona for latent product defect claims. Arizona uses modified comparative fault with a 50% bar — plaintiffs recover nothing if 50% or more at fault. The District of Arizona (Phoenix/Tucson divisions) is the MDL transferee court for all federal PowerPort cases nationwide, giving Arizona federal courts disproportionate importance in this litigation.
2 years from discovery of injury (50% comparative fault bar)
Exposure in Arizona
Source: JPML Transfer Order, October 2022
Source: National Cancer Institute, 2024
Source: Reported case data
Clinics & Specialists in Arizona
University of Arizona Cancer Center
Banner MD Anderson Cancer Center
Your Legal Team
Robert Alvarez
Senior Partner
Phoenix, AZ
Robert Alvarez brings 18 years of medical device product liability experience to Bard PowerPort cases, with particular expertise in MDL proceedings in the District of Arizona — the home court of the PowerPort MDL. His background in biomedical engineering gives him a unique ability to understand and communicate the polyurethane degradation science that underlies the PowerPort defect claim. Robert has represented over 300 medical device plaintiffs in mass tort proceedings, recovering more than $85 million in settlements and verdicts. His proximity to the MDL court and established working relationships with the MDL Plaintiffs' Steering Committee make him particularly well-positioned to advance individual client claims within the federal proceedings.
Education
- J.D., Arizona State University Sandra Day O'Connor College of Law (2008)
- B.S., Biomedical Engineering, University of Arizona (2005)