MDL 3081 before Judge David Campbell in D. Ariz. has 2,694+ cases as of January 6, 2026. First bellwether trial scheduled April 21, 2026. Sources indicate 2-3 year SOL typical for most states; Florida provides 4 years. No federal preemption found; 510(k) clearance does not preempt state law claims. No tolling agreement cited in sources. Intake must verify: (1) Bard PowerPort model implanted, (2) date of implantation, (3) date of first complication/symptom, (4) date of diagnosis linking injury to device. Primary injuries: fracture, migration, infection, thrombosis, vascular injury, embolism.
Arizona
2 years from discovery
Rule: Arizona Revised Statutes § 12-542; discovery rule applies for latent defects
Discovery: Accrues when plaintiff knows or reasonably should know injury and its cause; MDL 3081 pending before Judge David Campbell in D. Ariz.
MDL 3081 (In Re: Bard Implanted Port Catheter Products Liability Litigation) centralized here August 2023; bellwether trials begin April 21, 2026 per January 2026 update
California
2 years from discovery
Rule: Cal. Code Civ. Proc. § 335.1; discovery rule codified at § 338
Discovery: Accrues when injury is discovered or reasonably discoverable
Large plaintiff pool given population; no revival statute cited in sources
Florida
4 years from discovery
Rule: Fla. Stat. § 95.11(3)(a), (e); discovery rule applies
Discovery: Accrues when plaintiff knows or should know of injury with reasonable diligence
Longer SOL period; intake must verify exact implant date and complication timeline
New York
3 years from discovery
Rule: N.Y. C.P.L.R. § 214(6); discovery rule applies
Discovery: Accrues when injury is discovered or with reasonable diligence should have been discovered
Substantial plaintiff pool; strict pleading requirements for product liability
Texas
2 years from discovery
Rule: Tex. Civ. Prac. & Rem. Code § 16.003; discovery rule applies
Discovery: Accrues when injury becomes inherently undiscoverable and objectively verifiable
No revival statute cited; significant Bard implant volume in cancer treatment centers
Pennsylvania
2 years from discovery
Rule: 42 Pa. Cons. Stat. § 5524(2); discovery rule applies
Discovery: Accrues when plaintiff knows or reasonably should know of injury and its cause
Philadelphia Court of Common Pleas historically receptive to mass torts; parallel state filings likely
| State | SOL | Rule | Discovery Rule | Notes |
|---|
| Arizona | 2 years from discovery | Arizona Revised Statutes § 12-542; discovery rule applies for latent defects | Accrues when plaintiff knows or reasonably should know injury and its cause; MDL 3081 pending before Judge David Campbell in D. Ariz. | MDL 3081 (In Re: Bard Implanted Port Catheter Products Liability Litigation) centralized here August 2023; bellwether trials begin April 21, 2026 per January 2026 update |
| California | 2 years from discovery | Cal. Code Civ. Proc. § 335.1; discovery rule codified at § 338 | Accrues when injury is discovered or reasonably discoverable | Large plaintiff pool given population; no revival statute cited in sources |
| Florida | 4 years from discovery | Fla. Stat. § 95.11(3)(a), (e); discovery rule applies | Accrues when plaintiff knows or should know of injury with reasonable diligence | Longer SOL period; intake must verify exact implant date and complication timeline |
| New York | 3 years from discovery | N.Y. C.P.L.R. § 214(6); discovery rule applies | Accrues when injury is discovered or with reasonable diligence should have been discovered | Substantial plaintiff pool; strict pleading requirements for product liability |
| Texas | 2 years from discovery | Tex. Civ. Prac. & Rem. Code § 16.003; discovery rule applies | Accrues when injury becomes inherently undiscoverable and objectively verifiable | No revival statute cited; significant Bard implant volume in cancer treatment centers |
| Pennsylvania | 2 years from discovery | 42 Pa. Cons. Stat. § 5524(2); discovery rule applies | Accrues when plaintiff knows or reasonably should know of injury and its cause | Philadelphia Court of Common Pleas historically receptive to mass torts; parallel state filings likely |
