Statute of Limitations
California Code of Civil Procedure § 335.1 provides a 2-year statute of limitations for personal injury claims including pharmaceutical product liability. The discovery rule applies — the limitations period begins when the plaintiff discovers or reasonably should have discovered the injury and its connection to Elmiron. California does not have a statute of repose for product liability claims, which is significant given many patients took Elmiron for 10-20+ years.
2 years from discovery of Elmiron-related vision injury
Where to File in California
Federal Elmiron cases from California are transferred to the MDL in the District of New Jersey (MDL No. 2973). California state court claims may proceed independently in Los Angeles, San Francisco, or San Diego Superior Courts. California applies the Kelly/Frye standard for expert admissibility rather than the federal Daubert standard. California's lack of a product liability statute of repose is particularly significant for Elmiron cases where patients used the drug for a decade or more before the retinal toxicity connection was established.
Exposure in California
Source: U.S. Census Bureau 2024
Source: Interstitial Cystitis Association
Source: Ophthalmology (journal)