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Delaware · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Delaware

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Filing deadlinePossibly 2 years from injury for surviving minor's personal injury claim (Delaware's minority tolling statute, 10 Del. C. § 8116, does not by its terms cover § 8119); 2 years from death for wrongful death10 Del. C. § 8119

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Delaware?

Delaware personal injury SOL: 2 years (10 Del. C. § 8119). Minor tolling: 10 Del. C. § 8116 tolls only actions under §§ 8101-8115 (until 3 years after the disability ends) and by its terms does not cover the § 8119 personal injury period, so a child's claim may run 2 years from injury. A lawyer can confirm yours.

Possibly 2 years from injury for surviving minor's personal injury claim (Delaware's minority tolling statute, 10 Del. C. § 8116, does not by its terms cover § 8119); 2 years from death for wrongful death

Wrongful death: 2 years (10 Del. C. § 8107). Delaware follows modified comparative negligence — recovery is barred if the plaintiff's negligence is greater than the defendants' (10 Del. C. § 8132). Discovery rule applies.

Source: 10 Del. C. § 8119

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Delaware's 2-year personal injury SOL is not covered by the state's minority tolling statute (10 Del. C. § 8116 applies only to §§ 8101-8115), so surviving NEC children's claims may run 2 years from injury. Delaware is home to AI duPont Hospital for Children, a nationally recognized pediatric institution with a major NICU. Delaware courts are known for sophisticated case management, and the state's plaintiff-friendly product liability framework supports NEC claims.

Medical facilities in Delaware

  • Nemours Alfred I. duPont Hospital for Children — NICU

  • ChristianaCare — Women & Children's Unit NICU

How this works nationally

For the overall process and updates, read the NEC baby formula claims: what parents can do overview. This page covers the local information available for Delaware.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Delaware? Read what applies in your state.

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Sources

  1. 10 Del. C. § 8119