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 medical device injuries — the clock starts when the plaintiff discovers or reasonably should have discovered the connection between their infection and the contaminated duodenoscope. Texas has a 15-year statute of repose under § 16.012 from the date the product was first sold.
2 years from discovery of duodenoscope-linked infection
Where to File in Texas
Texas duodenoscope cases may be filed in Harris County (Houston), Dallas County, Bexar County (San Antonio), or Travis County (Austin) district courts, or in the U.S. District Courts for the Southern, Northern, Eastern, or Western Districts of Texas. Harris County, home to the Texas Medical Center, has the highest concentration of ERCP procedures in the state. Texas applies a Daubert-style standard for expert testimony under Texas Rule of Evidence 702 and uses a risk-utility analysis for design defect claims. Texas tort reform caps noneconomic damages in some medical liability claims, but product liability claims against device manufacturers are generally not subject to the same caps.
Exposure in Texas
Source: Texas Medical Center
Source: U.S. Census Bureau 2024
Source: American Society for Gastrointestinal Endoscopy