Statute of Limitations
New York CPLR § 214(5) provides a 3-year statute of limitations for personal injury claims including pharmaceutical product liability. The discovery rule applies — the limitations period runs from the date the plaintiff discovered or reasonably should have discovered the vision injury and its connection to Elmiron. New York does not have a general statute of repose for product liability claims.
3 years from discovery of Elmiron-related vision injury
Where to File in New York
Federal Elmiron cases from New York are transferred to the MDL in the District of New Jersey (MDL No. 2973). New York state court claims may proceed in New York County (Manhattan), Kings County (Brooklyn), or other New York Supreme Court venues. New York applies a Frye standard for expert admissibility, which can be more permissive than the federal Daubert standard. The 3-year statute of limitations and absence of a product liability statute of repose make New York particularly favorable for patients who used Elmiron for many years before the retinal toxicity link was publicized.
Exposure in New York
Source: U.S. Census Bureau 2024
Source: CPLR § 214(5)
Source: JAMA Ophthalmology