Where to File in New York
New York TRT cases filed in federal court — including the S.D.N.Y., E.D.N.Y., N.D.N.Y., and W.D.N.Y. — are transferred to MDL 2545 in the Northern District of Illinois before Judge Matthew Kennelly. New York has contributed a significant number of MDL plaintiffs. Global settlements in MDL 2545 with AbbVie, Endo, and Auxilium have resolved the majority of claims, but new qualifying New York cases alleging cardiovascular injuries continue to be accepted for evaluation and filing.
New York's statute of limitations for personal injury is three years under CPLR § 214(5), and for products liability also three years under CPLR § 214-c, with discovery-rule tolling. Under CPLR § 214-c, the limitations period runs from the date of discovery of injury or the date the plaintiff knew or should have known the injury was caused by a TRT product. New York's three-year window is more favorable to plaintiffs than many other states and provides additional time after TRT-related heart attack or stroke to consult with counsel.
New York City and the broader New York metro area have high concentrations of cardiologists, internists, and men's health practitioners who prescribed TRT products between 2008 and 2016. Upstate New York — including Buffalo, Rochester, and Albany — also shows elevated cardiovascular disease rates in older male populations. New York's diverse demographic and dense urban populations meant significant TRT prescribing volumes, particularly of branded gel products like AndroGel and Testim marketed to men with symptoms of low testosterone.
New York plaintiffs may bring claims in New York Supreme Court (state court) or federal district court. The New York Court of Appeals has well-developed jurisprudence on failure-to-warn and design defect theories applicable to pharmaceutical products liability. New York does not cap compensatory damages in personal injury cases, making it a favorable venue for severe cardiovascular injury claims involving permanent disability or death.