California · Elmiron and claims for vision loss
Elmiron and claims for vision loss in California
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| Filing deadline | 2 years from discovery of Elmiron-related vision injuryCivil Procedure § 335.1 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in California?
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. A lawyer can confirm yours.
Source: Civil Procedure § 335.1
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
California has one of the largest populations of Elmiron users in the nation. The state's 2-year statute of limitations under CCP § 335.1 applies with a favorable discovery rule, and critically, California has no statute of repose for product liability, making it one of the most favorable states for long-term Elmiron users who only recently discovered their vision damage was drug-related.
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.
How this works nationally
For the overall process and updates, read the Elmiron and claims for vision loss overview. This page covers the local information available for California.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
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- Civil Procedure § 335.1