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:
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.
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.