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 hearing injury and its connection to Tepezza. For toxic exposure and latent pharmaceutical injuries, the clock begins from the date of diagnosis. New York does not have a general statute of repose for product liability claims.
3 years from discovery of Tepezza-related hearing injury
Where to File in New York
Federal Tepezza cases from New York are transferred to the MDL in the Northern District of Illinois (MDL No. 3079). 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. New York's 3-year statute of limitations provides more time than most states, but claimants should not delay as the MDL settlement process may advance quickly.
Exposure in New York
Source: U.S. Census Bureau 2024
Source: FDA-approved prescribing information
Source: CPLR § 214(5)