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 their infection was caused by a contaminated duodenoscope, not from the date of the ERCP procedure. Illinois has a statute of repose that generally bars claims filed more than 12 years after the first sale of the product.
2 years from discovery of duodenoscope-linked infection
Where to File in Illinois
Illinois duodenoscope cases have been filed in Cook County Circuit Court and the U.S. District Court for the Northern District of Illinois. The Northern District of Illinois is one of the most experienced MDL courts in the country, having managed numerous pharmaceutical and medical device mass tort dockets. Cook County is traditionally considered a plaintiff-favorable jurisdiction for product liability claims. Illinois applies a consumer expectations test for design defect under the Illinois Product Liability Act, and follows the Frye standard for expert testimony in state courts while federal courts apply Daubert.
Exposure in Illinois
Source: Illinois Hospital Association / CMS Medicare procedure data
Source: U.S. Department of Justice
Source: American Society for Gastrointestinal Endoscopy