Statute of Limitations
Pennsylvania Consolidated Statutes 42 Pa. C.S. § 5524 provides a 2-year statute of limitations for personal injury claims including product liability. The discovery rule applies — the clock begins when the plaintiff discovered or should have discovered the connection between their infection and the contaminated duodenoscope. Pennsylvania does not have a statute of repose for medical device product liability claims.
2 years from discovery of duodenoscope-linked infection
Where to File in Pennsylvania
Pennsylvania duodenoscope cases may be filed in Philadelphia County Court of Common Pleas — historically one of the most favorable jurisdictions in the country for medical device product liability — or in the U.S. District Courts for the Eastern or Western Districts of Pennsylvania. Philadelphia's plaintiffs' bar has deep experience with complex medical device litigation and access to world-class infectious disease expert witnesses from Penn Medicine and Temple University. Pennsylvania applies a risk-utility test for design defect claims and uses the Frye standard for expert admissibility in state courts.
Exposure in Pennsylvania
Source: Penn Medicine / CMS Medicare procedure data
Source: Olympus Corporation Urgent Field Safety Notice (Oct 2025)
Source: 42 Pa. C.S. § 5524 / Pennsylvania case law