Statute of Limitations
Michigan has a 3-year statute of limitations for personal injury and products liability claims (MCL § 600.5805). Michigan applies the discovery rule for latent injuries — the clock starts when the plaintiff knew or should have known of the injury and its causal relationship to the product. Michigan has a specific statute addressing products liability claims for drugs and medical devices (MCL § 600.5838a). The Eastern District of Michigan (Detroit) is the primary federal venue for Michigan PowerPort cases.
3 years from discovery of injury (discovery rule applies)
Where to File in Michigan
MDL 3081 (In re: Bard PowerPort) is centralized before Chief Judge David G. Campbell in the District of Arizona. Michigan cases from the Eastern District (Detroit/Flint/Ann Arbor) and Western District (Grand Rapids/Lansing/Kalamazoo) are transferred to Phoenix for consolidated pretrial proceedings. Michigan’s major academic medical centers — particularly in Ann Arbor and Detroit — have generated a meaningful volume of PowerPort-related MDL filings.
Michigan imposes a 3-year statute of limitations for personal injury and product liability claims under MCL § 600.5805(2). Michigan’s discovery rule is codified in MCL § 600.5838a, tolling the limitations period until the plaintiff discovered or should have discovered the injury. Michigan also applies a 10-year statute of repose for product liability claims under MCL § 600.5805(13), running from the date of delivery to the first purchaser, which may affect older PowerPort implant cases.
Michigan’s cancer care network includes the University of Michigan Rogel Cancer Center (Ann Arbor — NCI-Designated Comprehensive Cancer Center), Karmanos Cancer Institute (Detroit — NCI-Designated), Spectrum Health/Corewell Health’s cancer programs in Grand Rapids, and Henry Ford Cancer Institute (Detroit). Michigan’s two NCI-Designated Cancer Centers and extensive university health system infrastructure support high PowerPort utilization in chemotherapy-dependent patient populations statewide.
Primary federal venues for Michigan PowerPort plaintiffs are the E.D. Mich. (Detroit/Ann Arbor Division) and W.D. Mich. (Grand Rapids Division), both of which transfer cases to MDL 3081 in Arizona. BD’s Bard Medical subsidiary distributes PowerPort devices through Michigan’s major GPO and IDN contracts and maintains sales territory management serving Michigan health systems including Michigan Medicine, Henry Ford Health, and Corewell Health. BD’s Michigan market contacts support personal jurisdiction in Michigan state and federal courts.
Exposure in Michigan
Source: National Cancer Institute, 2024
Source: MCL § 600.5805
Source: Michigan Compiled Laws