Statute of Limitations
Illinois imposes a 2-year statute of limitations for product liability claims (735 ILCS 5/13-213). The discovery rule applies — the clock starts when the plaintiff knew or should have known that Elmiron caused their vision injury, not from the date of last use. Illinois also has a statute of repose that generally bars claims filed more than 12 years after the first sale of the product, which may affect patients who began Elmiron use before 2014.
2 years from discovery of Elmiron-related vision injury
Where to File in Illinois
Federal Elmiron cases from Illinois are transferred to the MDL in the District of New Jersey (MDL No. 2973). Illinois state court claims may proceed in Cook County Circuit Court or other Illinois venues. The Northern District of Illinois has extensive experience with pharmaceutical mass tort litigation. Illinois applies a Frye standard for expert admissibility in state courts. Cook County has historically been considered a favorable venue for pharmaceutical product liability plaintiffs.
Exposure in Illinois
Source: U.S. Census Bureau 2024
Source: FDA-approved prescribing information
Source: GoodRx / pharmacy pricing data