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Toxic Baby Formula Lawsuit Statute of Limitations by State

How Long Do You Have to File a Baby Formula Lawsuit?

What is the Statute of Limitations for Toxic Baby Formula Lawsuits?

Bovine-based (cow milk) formula given to premature babies in the hospital has been found to increase the risk of necrotizing enterocolitis (NEC).

Necrotizing enterocolitis is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy (premature babies).

It creates intestinal inflammation, causing cells to die and holes to form.

This then allows harmful and potentially deadly bacteria to leak in and infect the intestines.

Table of Contents

Statute of Limitations for Toxic Baby Formula Lawsuits by State

The statute of limitations varies by state and places a time limit on filing a lawsuit against producers of bovine-based formula.

It’s important to know that the statute of limitations begins when your baby is diagnosed with NEC by a medical professional.

Toxic baby formula lawsuits fall under either product liability or medical malpractice depending on the state the injury occurred in.

Below is a map outlining statute of limitations laws for toxic baby formula lawsuits by state:

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Toxic Baby Formula Lawsuit Statute of Limitations

One (1) Year

  • Kentucky
  • Louisiana

One (1) to Four (4) Years

  • Tennessee

Two (2) Years

  • Alabama
  • Alaska
  • Arizona
  • California
  • Colorado
  • Delaware
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Mississippi
  • New Jersey
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Texas
  • Virginia
  • West Virginia

Two (2) to Three (3) Years

  • Connecticut
  • Michigan
  • Washington

Two (2) to Four (4) Years

  • Minnesota
  • Missouri
  • Nevada
  • Utah

Three (3) Years

  • Arkansas
  • Washington DC (District of Columbia)
  • Maryland
  • Massachusetts
  • Montana
  • New Hampshire
  • New Mexico
  • New York
  • Rhode Island
  • South Carolina
  • South Dakota
  • Vermont
  • Wisconsin

Three (3) to Six (6) Years

  • North Carolina

Four (4) Years

  • Florida
  • Nebraska
  • Wyoming

Six (6) Years

  • Maine
  • North Dakota

Frequently Asked Questions

  • Which Bovine-Based Formulas Should I Be Aware Of?

    Many of the formulas administered in hospitals contain cow’s milk and can potentially be harmful to your child.

    Here are popular bovine-based formulas to be aware of:

    • Formulas used in NICUs
    • Formulas gifted from hospitals
    • Enfamil
    • Similac
    • Earth’s Best
    • Happy Baby
    • Go & Grow
    • Gerber
    • Parent’s Choice
    • Baby’s Only
    • Loulouka
    • Holle
    • Kendamil
    • Bobbie
    • Lebenswert

Written By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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In this case, we obtained a verdict of $495 Million for our client’s child who was diagnosed with Necrotizing Enterocolitis after consuming baby formula manufactured by Abbott Laboratories.

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Do You
Have A Case?

Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.

Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.

Would you like our help?

You can learn more about the Toxic Baby Formula NEC Lawsuit by visiting any of our pages listed below:

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