Ohio · Bard PowerPort claims: who can file and what to do

Bard PowerPort claims: who can file and what to do in Ohio

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Filing deadline2 years from discovery of injury (10-year repose from first sale)ORC § 2305.10

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Ohio?

Ohio has a 2-year statute of limitations for personal injury claims (ORC § 2305.10). The discovery rule applies — the SOL begins when the plaintiff discovered or should have discovered the injury and its cause. Ohio also has a 10-year statute of repose for product liability claims from the date the product was first sold. A lawyer can confirm yours.

2 years from discovery of injury (10-year repose from first sale)

Ohio courts apply comparative fault (51% bar rule). PowerPort cases in Ohio are typically filed in the Northern District (Cleveland/Akron) or Southern District (Columbus/Cincinnati).

Source: ORC § 2305.10

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.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Ohio has a 2-year statute of limitations for personal injury claims. The discovery rule applies. Ohio State University Comprehensive Cancer Center (James Cancer Hospital) and University Hospitals Cleveland Medical Center are major chemotherapy programs with substantial PowerPort patient populations. Ohio cases are filed in the Northern or Southern District of Ohio and transferred to the Arizona MDL.

MDL 3081 (In re: Bard PowerPort) is centralized in the District of Arizona before Chief Judge David G. Campbell. Ohio cases from the Northern District (Cleveland/Toledo/Akron) and Southern District (Columbus/Cincinnati/Dayton) are transferred to Phoenix for consolidated pretrial proceedings. Ohio’s major cancer treatment centers at Cleveland Clinic and The James have contributed a notable share of PowerPort-related MDL filings.

Ohio imposes a 2-year statute of limitations for product liability personal injury claims under Ohio Rev. Code § 2305.10. Ohio’s discovery rule tolls the period until the plaintiff discovered or should have discovered the injury caused by the PowerPort catheter fracture or corrosion. Ohio also applies a 10-year statute of repose for product liability claims running from the date of delivery of the product to the first purchaser, which affects older PowerPort implants.

Ohio’s cancer care infrastructure includes the Cleveland Clinic Taussig Cancer Institute, The James Cancer Hospital and Solove Research Institute at Ohio State University (Columbus), University Hospitals Seidman Cancer Center (Cleveland), and UC Cancer Center (Cincinnati). Cleveland Clinic and The James together represent two of the nation’s largest cancer programs, with correspondingly high PowerPort utilization among their chemotherapy patient populations.

Key federal venues for Ohio PowerPort plaintiffs include the N.D. Ohio (Cleveland Division) and S.D. Ohio (Columbus Division). Both districts transfer cases to MDL 3081. BD’s Bard Medical subsidiary distributes PowerPort devices through Ohio’s major GPO and IDN contracts, including Premier and Vizient affiliates. BD’s established Ohio sales territory and distribution relationships support specific personal jurisdiction in Ohio courts and serve as the basis for venue in the Northern and Southern Districts before MDL transfer.

Medical facilities in Ohio

  • Ohio State University Comprehensive Cancer Center — James Cancer Hospital

  • University Hospitals Seidman Cancer Center

How this works nationally

For the overall process and updates, read the Bard PowerPort claims: who can file and what to do overview. This page covers the local information available for Ohio.

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Sources

  1. ORC § 2305.10