Statute of Limitations
California has a 2-year statute of limitations for personal injury claims including product liability (CCP § 335.1). The discovery rule applies: the clock starts when the plaintiff discovered or should have discovered the injury and its connection to the device. California also applies an 8-year absolute repose period for medical devices after implantation (CCP § 340.8). Cancer centers with high PowerPort implantation volumes include UC San Francisco Medical Center, Cedars-Sinai, City of Hope, and Stanford Health Care.
2 years from discovery of injury (discovery rule applies)
Where to File in California
MDL 3081 (In re: Bard PowerPort) is pending in the U.S. District Court for the District of Arizona before Chief Judge David G. Campbell in Phoenix. California plaintiffs whose cases were filed in the Northern, Central, Eastern, or Southern Districts of California are automatically transferred to MDL 3081 for consolidated pretrial proceedings. California accounts for the largest single-state share of MDL filings, reflecting the state’s large oncology patient population.
California’s statute of limitations for product liability personal injury claims is 2 years from the date of discovery (CCP § 335.1). The discovery rule tolls the clock until the plaintiff knew or reasonably should have known that the PowerPort catheter fractured and caused injury — not from implantation. An 8-year absolute repose period applies to medical device claims under CCP § 340.8. Plaintiffs with fracture events confirmed by imaging should seek counsel promptly to protect their rights.
California’s five NCI-Designated Comprehensive Cancer Centers — UCSF Helen Diller, City of Hope, Stanford Cancer Center, UC San Diego Moores, and UCLA Jonsson — collectively implant thousands of PowerPort and PowerPort II devices annually for chemotherapy access. High-volume oncology practices in Los Angeles, the Bay Area, and San Diego report significant PowerPort penetration among their port-dependent patient populations.
Key federal courts for California PowerPort plaintiffs include the N.D. Cal. (San Jose/San Francisco), C.D. Cal. (Los Angeles), and S.D. Cal. (San Diego) — all subject to transfer to D. Ariz. MDL 3081. Becton, Dickinson and Company (BD) and its Bard Medical division maintain West Coast distribution and medical-device sales operations headquartered regionally in the Los Angeles area. BD’s California market presence supports jurisdiction and venue in state and federal courts statewide.
Exposure in California
Source: National Cancer Institute, 2024
Source: MDL litigation data and reported settlements
Source: SEER Cancer Statistics, NCI