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Statute of limitations — Florida
Florida: 4 years for product liability (Fla. Stat. § 95.11(3)(e)). Discovery rule applies — the limitations period begins when the plaintiff knew or should have known of the injury and its connection to gabapentin. Florida's 4-year SOL is among the most generous in the country.
4 years from discovery of injury
Filing venue
Where to File in Florida
Florida gabapentin cases may be filed in three federal districts: Southern (Miami, Fort Lauderdale), Middle (Tampa, Orlando, Jacksonville), or Northern (Tallahassee, Pensacola). Miami-Dade and Broward county courts are historically plaintiff-favorable for pharmaceutical litigation. Florida's 4-year SOL provides extended filing time. The state does not cap non-economic damages in product liability cases following the 2017 repeal of tort reform caps. Florida follows pure comparative fault.
Florida data
Exposure in Florida
Florida's annual gabapentin prescribing volume of approximately 7.5 million prescriptions is second only to California, driven by the state's massive elderly population, high chronic pain prevalence, and the opioid crisis legacy. South Florida and The Villages region show the highest per-capita prescribing rates.
~7.5M gabapentin Rx/year
Source: IQVIA / FL E-FORCSE PDMP data
Florida's 4.8 million residents aged 65 and older represent the second-largest elderly population nationally and the highest concentration of gabapentin users at elevated cognitive risk due to age-related renal decline. The retirement community model concentrates these vulnerable patients geographically.
4.8M residents aged 65+
Source: U.S. Census Bureau / Florida Office of Demographic Research
Florida's 4-year statute of limitations for product liability claims provides significantly more time for gabapentin patients to identify the drug-cognition connection than the 2-year SOL common in most states. Combined with the discovery rule, this gives Florida claimants a realistic window to pursue claims after the 2025 JAMA study brought public attention to gabapentin's cognitive risks.
4-year SOL (most generous)
Source: Fla. Stat. § 95.11(3)(e)
FAQ
Frequently Asked Questions
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