Statute of Limitations
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. 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).
2 years from discovery of injury (10-year repose from first sale)
Where to File in Ohio
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.
Exposure in Ohio
Source: National Cancer Institute, 2024
Source: ORC § 2305.10(C)
Source: ORC § 2315.33