Statute of Limitations
North Carolina has a 3-year statute of limitations for personal injury claims (G.S. § 1-52(16)) and a 6-year statute of repose for products liability (G.S. § 1-50(a)(6)). North Carolina applies pure contributory negligence — plaintiff bears no fault in a design defect case. The Middle District of North Carolina and Eastern District are primary federal venues. The 3-year SOL is more generous than neighboring states.
3 years from date of injury or discovery (6-year repose)
Where to File in North Carolina
MDL 3081 (In re: Bard PowerPort) is pending before Chief Judge David G. Campbell in the District of Arizona. North Carolina cases from the Eastern District (Raleigh), Middle District (Greensboro/Winston-Salem), and Western District (Charlotte/Asheville) are transferred to Phoenix for coordinated pretrial proceedings. North Carolina’s Research Triangle and Charlotte medical corridors have produced a growing volume of PowerPort-related MDL filings reflecting the state’s expanding cancer care infrastructure.
North Carolina applies a 3-year statute of limitations for personal injury claims, including product liability, under N.C. Gen. Stat. § 1-52(16). North Carolina’s discovery rule is codified in § 1-52(16), beginning the limitations period when the plaintiff discovers or should have discovered the injury caused by the PowerPort device. North Carolina also imposes a 12-year statute of repose for product liability claims under N.C. Gen. Stat. § 1-46.1, running from the last act of the defendant giving rise to the claim.
North Carolina’s oncology network includes the UNC Lineberger Comprehensive Cancer Center (Chapel Hill — NCI-Designated), Duke Cancer Institute (Durham — NCI-Designated), Wake Forest Baptist Comprehensive Cancer Center (Winston-Salem), and Atrium Health’s Levine Cancer Institute (Charlotte). With three NCI-Designated Cancer Centers and a large community oncology network, North Carolina has a substantial PowerPort recipient population concentrated in the Research Triangle and Piedmont Triad regions.
Key federal venues for North Carolina PowerPort plaintiffs include the M.D.N.C. (Greensboro/Winston-Salem) and W.D.N.C. (Charlotte), both active conduits to MDL 3081. BD’s Bard Medical subsidiary supplies PowerPort devices to North Carolina’s major health systems including UNC Health, Duke Health, Atrium Health, and Novant Health. BD’s established North Carolina distribution and sales operations support personal jurisdiction in North Carolina state and federal courts.
Exposure in North Carolina
Source: National Cancer Institute, 2024
Source: G.S. § 1-52(16)
Source: North Carolina case law