When is the deadline for filing a NEC baby formula lawsuit?

In Florida, product liability claims must be filed within two years of the date the injury occurred or was discovered. So, in the state of Florida, parents have two years to file a claim for NEC in newborns. Note that the deadline for filing an NEC baby formula lawsuit still depends on your state's statute of limitations.

The deadline for filing NEC-related lawsuits differs greatly across the United States. This is because each state has set its own statutes of limitations for product liability claims. To give you an idea, some states may accept and allow up to six years to file a NEC baby formula lawsuit. However, in states like Florida, a two-year limit is imposed.

It's important to note that Florida's two-year statute of limitations begins when the injury occurred or was reasonably discovered. Here's how these concepts apply to cases of NEC in newborns:

  • Occurrence of injury: This refers to the actual time your child developed NEC. This may have happened anywhere between during and after being fed cow's milk-based baby formula.
  • Discovery of injury: This refers to the point in time when the injury or its cause is reasonably recognized and identified. This moment may have happened months or even years after the initial diagnosis for some NEC-related cases.

In older cases, many parents of premature babies were unaware of how cow's milk baby formula could have contributed to the development of NEC. Thankfully, under the "discovery rule," parents are given the opportunity to seek justice for an NEC diagnosis associated with the consumption of baby formula derived from cow's milk.

Collaborate with The Law Offices of Sean M. Cleary to file a claim for NEC in newborns

The Law Offices of Sean M. Cleary has extensive experience handling product liability cases. We have dealt with claims for NEC in newborns and are confident that we can provide you with the legal support needed for your case. Prior to filing your claim, we will assist you in determining your eligibility, which includes knowing whether or not your case falls within the two-year statute of limitation for NEC-related lawsuits in Florida.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.