Statute of Limitations
Illinois 735 ILCS 5/13-202 provides a 2-year limitations period for personal injury claims, with the discovery rule tolling the period for latent injury product liability cases. Illinois's statute of repose (735 ILCS 5/13-213) bars claims more than 12 years after the product was delivered to its first purchaser. Cook County Circuit Court has historically been a significant mass tort venue with plaintiff-favorable jury pools.
2 years from discovery; 12-year statute of repose
Where to File in Illinois
Illinois hernia mesh claimants are directed to federal MDLs by product: Bard Davol cases to MDL 2846 (S.D. Ohio, Judge Sargus); Covidien Parietex to MDL 2511 (S.D. Ohio); Atrium C-QUR to MDL 2753 (D.N.H.); and Ethicon/J&J Physiomesh and Prolene Hernia System cases to the Atlantic County NJ Superior Court mass tort before Judge Porto. The Northern District of Illinois (Chicago) is a common originating court before MDL transfer.
Illinois imposes a two-year statute of limitations for products liability under 735 ILCS 5/13-202. The discovery rule applies: the statute runs from when the plaintiff knew or reasonably should have known of the injury and its cause. Illinois courts recognize that hernia mesh complications — particularly erosion, fistula, seroma, and chronic pain — can remain latent or misattributed for years, supporting delayed accrual in mesh cases.
Illinois ranks in the top ten nationally for hernia repair volume, with Northwestern Medicine, Rush University Medical Center, Advocate Health, and NorthShore University HealthSystem performing large numbers of laparoscopic and open hernia repairs annually. Chicago's major hospital systems show heavy Bard Davol (Composix Kugel, PerFix, Ventralex) and Covidien (Parietex Progrip, Parietex Composite) market penetration.
Illinois Ethicon plaintiffs should coordinate with Atlantic County NJ counsel, as Judge Porto's mass tort program consolidates all J&J/Ethicon Physiomesh and hernia system claims regardless of plaintiff state. Illinois is also notable for ongoing state court asbestos and mass tort experience in Cook County, and some plaintiffs have explored state-court filings, though the NJ consolidation remains the primary Ethicon forum.
Exposure in Illinois
Source: Illinois mass tort litigation practice
Source: 735 ILCS 5/13-213
Source: Illinois Health and Hospital Association