Statute of Limitations
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
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.
Exposure in Ohio
Source: U.S. Census Bureau 2024
Source: FDA-approved prescribing information
Source: Ohio Revised Code