New York · Tepezza use and a claim for hearing loss
Tepezza use and a claim for hearing loss in New York
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| Filing deadline | 3 years from discovery of Tepezza-related hearing injuryCPLR § 214(5) |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in New York?
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. A lawyer can confirm yours.
New York does not have a general statute of repose for product liability claims.
Source: CPLR § 214(5)
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
New York provides a 3-year statute of limitations for pharmaceutical product liability claims under CPLR § 214(5). The discovery rule applies for latent injuries — the clock starts when the plaintiff discovers or should have discovered the connection between Tepezza and hearing damage. New York's longer limitations period and plaintiff-friendly discovery rule give Tepezza claimants additional time to file compared to 2-year states. Federal cases from New York are consolidated in the MDL in the Northern District of Illinois.
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.
How this works nationally
For the overall process and updates, read the Tepezza use and a claim for hearing loss overview. This page covers the local information available for New York.
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- CPLR § 214(5)