Statute of Limitations
Texas Civil Practice and Remedies Code § 16.003 provides a 2-year statute of limitations for personal injury claims. The discovery rule applies for pharmaceutical injuries — the limitations period begins when the plaintiff discovers or reasonably should have discovered the connection between Elmiron and vision loss. Texas also has a 15-year statute of repose for product liability claims under § 16.012, which may affect patients who started Elmiron before 2011.
2 years from discovery of Elmiron-related vision injury
Where to File in Texas
Federal Elmiron cases from Texas are transferred to the MDL in the District of New Jersey (MDL No. 2973). Texas state court claims may proceed in Harris County (Houston), Dallas County, or Bexar County (San Antonio) district courts. Texas applies a Daubert-style reliability standard for expert testimony under Texas Rule of Evidence 702. The 15-year statute of repose under § 16.012 is a concern for patients who began Elmiron use before 2011, though arguments exist that continuous use restarts the repose period.
Exposure in Texas
Source: U.S. Census Bureau 2024
Source: FDA-approved prescribing information
Source: Johnson & Johnson financial reports