IVC filter claims: what to check in New York

New York imposes a three-year statute of limitations on product liability/negligence claims (CPLR § 214(5)), running from the date of injury. For IVC filter injuries — including strut fracture, filter migration to the heart or pulmonary arteries, vena cava perforation, or filter embolization — the clock typically begins when the plaintiff knew or reasonably should have known the injury was linked to the device. Discovery of the defect may be delayed when filter fragments are found incidentally on imaging years after implant, potentially tolling the limitations period under the discovery rule. Consulting an attorney after diagnosis can help preserve your claim.

New York federal cases — from S.D.N.Y. (Manhattan/White Plains), E.D.N.Y. (Brooklyn/Long Island), N.D.N.Y. (Albany/Syracuse), or W.D.N.Y. (Buffalo/Rochester) — are transferred by the JPML to the applicable MDL. Bard/BD cases are transferred to MDL 2641 in D. Arizona; Cook Medical cases go to MDL 2570 in S.D. Indiana; Cordis cases are centralized in D. Nevada. Transfer does not foreclose state-law claims — choice of law will generally apply the substantive law of the state where the plaintiff was implanted or suffered injury. Plaintiffs may also file directly in the MDL transferee district if personal jurisdiction and venue requirements are satisfied.