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Statute of limitations — Ohio
Ohio Revised Code § 2305.10 provides a 2-year statute of limitations for product liability claims. The discovery rule specifically applies to ethical drug injuries — the clock begins when the plaintiff discovers or should have discovered the vision injury and its causal connection to Elmiron. Ohio has a 10-year statute of repose for product liability under § 2305.10(C), though arguments exist that continuous daily use of Elmiron creates an ongoing exposure.
2 years from discovery of Elmiron-related vision injury
Filing venue
Where to File in Ohio
Federal Elmiron cases from Ohio are transferred to the MDL in the District of New Jersey (MDL No. 2973). Ohio state court claims may proceed in Cuyahoga County (Cleveland), Franklin County (Columbus), or Hamilton County (Cincinnati) courts of common pleas. Ohio specifically codifies the discovery rule for ethical drug injuries under § 2305.10, which is favorable for Elmiron claimants who did not connect vision changes to the medication until the retinal toxicity link was publicized. The Cleveland Clinic and Ohio State Wexner Medical Center are significant Elmiron-prescribing institutions.
Ohio data
Exposure in Ohio
Ohio population — seventh-largest state with major urology programs at Cleveland Clinic, Ohio State, and University of Cincinnati
11.8 million
Source: U.S. Census Bureau 2024
Elmiron's active ingredient — the only FDA-approved oral medication for interstitial cystitis, with no adequate substitute for many patients despite the retinal toxicity risk
Pentosan polysulfate sodium
Source: FDA-approved prescribing information
Ohio specifically codifies the discovery rule for ethical drug injuries in § 2305.10 — particularly favorable for Elmiron patients whose vision loss was gradual and not immediately attributed to the medication
Discovery rule
Source: Ohio Revised Code
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