Statute of Limitations
Florida Statute § 95.11(3)(a) provides a 2-year statute of limitations for personal injury claims including pharmaceutical product liability (reduced from 4 years by 2023 tort reform). The discovery rule applies — the clock starts when the plaintiff discovers or reasonably should have discovered Elmiron caused their vision damage. Florida has a 12-year statute of repose under § 95.031(2)(b).
2 years from discovery of Elmiron-related vision injury
Where to File in Florida
Federal Elmiron cases from Florida are transferred to the MDL in the District of New Jersey (MDL No. 2973). Florida state court claims may proceed separately in Miami-Dade, Broward, Hillsborough, or Palm Beach County circuit courts. Florida's 2023 tort reform shortened the statute of limitations from 4 to 2 years, which may catch some plaintiffs off guard. Florida courts apply the Daubert standard for expert testimony. The state's large elderly population and high IC diagnosis rates make it one of the top-filing states in the MDL.
Exposure in Florida
Source: U.S. Census Bureau 2024
Source: American Academy of Ophthalmology
Source: FDA drug approval records