Statute of Limitations
New York CPLR § 214(5) provides a 3-year statute of limitations for personal injury product liability claims. New York applies the discovery rule, tolling the period until the plaintiff discovers or should have discovered the injury and its connection to the defendant's product. New York has no statute of repose for products liability — a significant advantage for patients with older implants who are only now experiencing complications.
3 years from discovery of injury — no statute of repose
Where to File in New York
New York hernia mesh plaintiffs litigate across four consolidated forums: Davol/CR Bard MDL 2846 (S.D. Ohio, Judge Sargus, ~30,000 cases); Covidien Parietex MDL 2511 (S.D. Ohio, Judge Sargus); Atrium C-QUR MDL 2753 (D.N.H.); and Johnson & Johnson/Ethicon cases in the Atlantic County NJ mass tort before Judge Porto. New York's large volume of cases means all four dockets carry a significant New York plaintiff tranche.
New York applies a three-year statute of limitations for products liability (CPLR § 214-c), with the clock running from the date of discovery of the injury. New York courts apply a strict discovery rule: the cause of action accrues when the plaintiff discovered, or through the exercise of reasonable diligence should have discovered, the physical condition and its causal relationship to the mesh device. Post-surgical mesh complications that develop over years are routinely found to satisfy delayed-accrual criteria.
New York ranks among the top five states in hernia mesh implant volume, driven by the density of major academic medical centers in New York City, Buffalo, Rochester, and Albany. Bard Davol's Ventralex ST, PerFix Light, and 3DMax products are prevalent. Mount Sinai, NYU Langone, and New York-Presbyterian report heavy Covidien Parietex and Ethicon Physiomesh device usage in their hernia programs.
The geographic proximity of New York to the Atlantic County NJ courthouse makes the Ethicon mass tort program practical for New York Ethicon plaintiffs. Judge Porto's court accepts out-of-state plaintiffs, and New York counsel routinely practice there through pro hac vice admission. For Bard Davol and Covidien cases, the S.D. Ohio MDL is the mandatory federal forum for all direct-filed or transferred claims.
Exposure in New York
Source: CPLR § 214(5)
Source: New York products liability case law
Source: New York State Department of Health SPARCS database