Statute of Limitations
Pennsylvania has a 2-year statute of limitations for personal injury claims (42 Pa. C.S. § 5524). The discovery rule tolls the statute until the plaintiff knew or should have known of the injury and its cause. Pennsylvania courts have applied the discovery rule broadly in medical device cases. The Eastern District of Pennsylvania in Philadelphia is a frequent home for pharmaceutical and device MDLs, and Pennsylvania attorneys have substantial mass tort MDL experience. PowerPort cases are filed in the Eastern, Middle, or Western District of Pennsylvania.
2 years from discovery of injury (discovery rule applies)
Where to File in Pennsylvania
MDL 3081 (In re: Bard PowerPort) is centralized in the District of Arizona before Chief Judge David G. Campbell. Pennsylvania cases from the Eastern District (Philadelphia), Middle District (Harrisburg/Scranton), and Western District (Pittsburgh) are transferred to Phoenix for coordinated pretrial proceedings. Pennsylvania’s large academic medical center network and substantial cancer patient population contribute meaningfully to MDL 3081 case volume.
Pennsylvania imposes a 2-year statute of limitations for personal injury and product liability claims under 42 Pa. C.S. § 5524. Pennsylvania’s discovery rule tolls the statute until the plaintiff knew or should have known of the injury and its factual cause. The Pennsylvania Supreme Court has applied the discovery rule to medical device cases, making it relevant for PowerPort plaintiffs whose catheter fracture was asymptomatic or discovered incidentally during imaging.
Pennsylvania’s oncology infrastructure includes the Abramson Cancer Center at Penn Medicine (Philadelphia), UPMC Hillman Cancer Center (Pittsburgh — one of the largest cancer centers in the country), Fox Chase Cancer Center (Philadelphia), and Jefferson Health’s Sidney Kimmel Cancer Center. These institutions’ high-volume chemotherapy practices mean large numbers of PowerPort recipients among Pennsylvania cancer patients and a correspondingly significant share of MDL filings.
Key federal venues for Pennsylvania PowerPort plaintiffs include the E.D. Pa. (Philadelphia) and W.D. Pa. (Pittsburgh). Both districts have active medical device litigation dockets and transfer cases to MDL 3081. BD’s Bard Medical division has a longstanding presence supplying Pennsylvania health systems. Philadelphia and Pittsburgh are each major Bard distribution hubs, supporting personal jurisdiction in Pennsylvania courts before and during MDL proceedings.
Exposure in Pennsylvania
Source: National Cancer Institute, 2024
Source: Reported case data
Source: JPML MDL Statistics
Clinics & Specialists in Pennsylvania
Penn Medicine Abramson Cancer Center
Fox Chase Cancer Center
Your Legal Team
Diane Kowalski
Partner
Philadelphia, PA
Diane Kowalski has spent 16 years representing patients injured by defective medical devices and pharmaceutical products, with a practice concentrated in the Eastern District of Pennsylvania — one of the most active MDL venues in the country. Her experience includes bellwether trial preparation in multiple drug and device MDLs, where she has developed the trial skills necessary to present complex medical science to lay juries. Diane has particular expertise in catheter and implantable device cases, having handled dozens of PowerPort and central venous catheter claims. She is a member of the Mass Tort Made Perfect faculty and a recognized advocate for improving pre-market device safety standards.
Education
- J.D., Temple University Beasley School of Law (2010)
- B.A., Biology, Villanova University (2007)