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Statute of limitations — California
California Code of Civil Procedure § 335.1 provides a 2-year statute of limitations for personal injury claims including medical device product liability. The discovery rule applies — the clock starts when the plaintiff discovers or reasonably should have discovered the infection and its connection to the contaminated duodenoscope. California has no statute of repose for product liability claims.
2 years from discovery of duodenoscope-linked infection
Filing venue
Where to File in California
California duodenoscope cases have been filed in Los Angeles County Superior Court and the U.S. District Court for the Central District of California. The UCLA outbreak cases established key legal precedents for duodenoscope design defect claims. California applies the consumer expectations and risk-utility tests for design defect under Barker v. Lull Engineering. The state's Kelly/Frye standard for expert testimony is generally more permissive than the federal Daubert standard. California's plaintiff-friendly discovery rule and absence of a product liability statute of repose make it a highly favorable venue for infection claims, including those arising from the October 2025 field safety notice disclosures.
California data
Exposure in California
UCLA Ronald Reagan Medical Center CRE outbreak in February 2015 — the landmark event that exposed Olympus duodenoscope contamination risk to the public
7 infected, 3 dead
Source: UCLA Health System / LA County Department of Public Health
Patients potentially exposed to CRE during ERCP procedures at UCLA before the contaminated duodenoscopes were identified and removed from service
179
Source: UCLA Health System disclosure
Individual jury verdicts obtained by California plaintiffs against Olympus for duodenoscope-transmitted CRE infections
$6.6M+
Source: Court records — Los Angeles County Superior Court
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