Time limits apply in Virginia. Find out if you still qualify.
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Verified against court records, regulatory records, and peer-reviewed research.
Last reviewed against primary sources: June 12, 2026
Statute of Limitations
Virginia Code § 8.01-243 provides a 2-year statute of limitations for personal injury claims. The discovery rule applies where the injury was not immediately discoverable — the clock starts when the plaintiff knew or should have known that their infection was linked to a contaminated duodenoscope. Virginia does not have a general statute of repose for product liability claims against manufacturers.
2 years from discovery of duodenoscope-linked infection
Where to File in Virginia
Virginia duodenoscope cases may be filed in Circuit Courts in Fairfax County, Arlington County, or the City of Richmond, or in the U.S. District Courts for the Eastern or Western Districts of Virginia. Virginia's proximity to the FDA headquarters in Silver Spring, Maryland, means that regulatory documents and FDA personnel are readily accessible for discovery and testimony. Virginia applies a risk-utility analysis for design defect claims and follows the Daubert standard for expert testimony in federal court. The state's 2-year limitations period requires timely filing, but the discovery rule provides protection for patients who did not immediately connect their post-ERCP infection to the duodenoscope.
Exposure in Virginia
Source: Virginia Hospital and Healthcare Association
Source: FDA Advisory Committee presentations
Source: CDC Antibiotic Resistance Threats Report