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Statute of limitations — Pennsylvania
Pennsylvania: 2 years for personal injury (42 Pa. C.S. § 5524). Discovery rule applies — limitations begin when plaintiff knew or should have known of the injury and its causal connection to gabapentin.
2 years from discovery of injury
Filing venue
Where to File in Pennsylvania
The Eastern District of Pennsylvania (Philadelphia) has managed more pharmaceutical MDLs than any other federal court, including Avandia, Zoloft birth defects, and numerous other major pharmaceutical litigations. Philadelphia's state court Complex Litigation Center also handles coordinated mass tort proceedings with experienced judges. The Western District (Pittsburgh) is an alternative federal venue. Pennsylvania applies Section 402A strict liability for defective products. No statutory cap on compensatory damages. Philadelphia is widely considered the premier pharmaceutical litigation venue in the nation.
Pennsylvania data
Exposure in Pennsylvania
Pennsylvania's annual gabapentin prescribing volume of approximately 5 million prescriptions for 13 million residents reflects the state's industrial chronic pain legacy, large elderly population, and opioid crisis impact in both rural and urban communities. The Philadelphia and Pittsburgh metro areas generate the highest volumes, while per-capita rates are highest in coal country and Appalachian counties.
~5.0M gabapentin Rx/year
Source: IQVIA / PA PDMP data
The Eastern District of Pennsylvania has managed more pharmaceutical MDLs than any other federal court in the nation, giving it unmatched expertise in pharmaceutical product liability litigation. This experience, combined with Philadelphia's Complex Litigation Center, makes Pennsylvania the most experienced pharmaceutical litigation jurisdiction in the country.
Premier pharmaceutical MDL court
Source: JPML MDL statistics / EDPA case data
Pennsylvania applies strict liability for defective products under Section 402A of the Restatement (Second) of Torts. Under this standard, gabapentin plaintiffs need not prove the manufacturer was negligent — only that the product was defective and unreasonably dangerous. This standard significantly reduces the burden of proof for failure-to-warn claims.
Section 402A strict liability
Source: Restatement (Second) of Torts § 402A / PA case law
FAQ
Frequently Asked Questions
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