Statute of Limitations
Florida reduced its personal injury SOL from 4 years to 2 years effective March 24, 2023 (Fla. Stat. § 95.11(3)). The discovery rule applies — the clock starts when the plaintiff knew or should have known of the injury and its cause. Cases filed before the SOL change are governed by the 4-year period. Florida's Moffitt Cancer Center in Tampa and University of Miami Sylvester Comprehensive Cancer Center are major PowerPort implantation centers. PowerPort cases from Florida are filed in the Middle, Southern, or Northern District and transferred to Arizona MDL.
2 years from discovery of injury (2 years as of March 2023; prior cases 4 years)
Where to File in Florida
MDL 3081 (In re: Bard PowerPort) is administered by Chief Judge David G. Campbell in the District of Arizona. Florida cases originating in the Northern (Tallahassee/Pensacola), Middle (Tampa/Orlando/Jacksonville), or Southern (Miami/Fort Lauderdale/West Palm Beach) Districts of Florida are transferred to D. Ariz. for consolidated pretrial proceedings. Florida’s large and aging cancer patient population has generated substantial MDL 3081 participation.
Florida imposes a 2-year statute of limitations for negligence and product liability personal injury claims under Fla. Stat. § 95.11(3)(a). Florida’s discovery rule tolls the period until the claimant knew or should have known of the injury and its cause. Florida also applies a 12-year statute of repose for products liability claims under Fla. Stat. § 95.031(2)(b), running from the date the device left the manufacturer’s possession.
Florida’s NCI-Designated Cancer Centers include Moffitt Cancer Center (Tampa), Sylvester Comprehensive Cancer Center (Miami), and Mayo Clinic Cancer Center (Jacksonville). Moffitt’s high-volume infusion program and extensive port-implantation practice make it a significant source of PowerPort recipients in MDL 3081 filings. Florida’s large Medicare-eligible population also means a disproportionate share of implanted port-a-cath patients for chemotherapy access.
Key federal venues for Florida PowerPort plaintiffs include the M.D. Fla. (Tampa Division) and S.D. Fla. (Miami Division), both of which transfer cases to MDL 3081. BD’s Bard Medical subsidiary markets and distributes PowerPort devices throughout Florida’s extensive hospital and outpatient oncology network. BD’s established Florida sales presence and distribution channels support personal jurisdiction in Florida state courts and in any federal venue prior to MDL transfer.
Exposure in Florida
Source: National Cancer Institute, 2024
Source: U.S. Census Bureau 2023
Source: Fla. Stat. § 95.11(3), 2023 amendment