Statute of Limitations
Pennsylvania Consolidated Statutes 42 Pa. C.S. § 5524 imposes a 2-year statute of limitations for personal injury claims including product liability. The discovery rule applies where the defect or its causal connection was not immediately discoverable — the clock starts when the plaintiff knew or should have known that Elmiron caused the vision damage. Pennsylvania does not have a statute of repose for pharmaceutical product liability claims.
2 years from discovery of Elmiron-related vision injury
Where to File in Pennsylvania
Federal Elmiron cases from Pennsylvania are transferred to the MDL in the District of New Jersey (MDL No. 2973). Pennsylvania state court claims may proceed in Philadelphia County Court of Common Pleas, which has a dedicated mass tort program and has historically been among the most plaintiff-favorable pharmaceutical litigation venues in the nation. Pennsylvania applies a Frye standard for expert testimony in state courts. Pennsylvania's proximity to the D.N.J. MDL court and strong pharmaceutical litigation tradition make it a significant source of Elmiron claims.
Exposure in Pennsylvania
Source: U.S. Census Bureau 2024
Source: Pa. product liability law
Source: Kaiser Permanente / Ophthalmology (2019)