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Statute of Limitations
Florida personal injury SOL: 2 years from date of injury (Fla. Stat. § 95.11(3)(a), as amended 2023). Prior to March 2023 it was 4 years. Minor tolling: SOL tolled until age 18, then 2-year SOL runs — child's claim expires at age 20 (§ 95.051). Wrongful death: 2 years from death (§ 95.11(4)(d)). Florida follows pure comparative negligence for negligence claims, modified (51% bar) for strict liability after 2023 tort reform.
Age 20 for surviving minor's personal injury claim; 2 years from death for wrongful death
Where to File in Florida
MDL 3026 — In re Preterm Infant Nutrition Products Liability Litigation — is pending in the Northern District of Illinois before Chief Judge Rebecca R. Pallmeyer in Chicago. The MDL consolidates claims alleging that Mead Johnson's Enfamil Premature and Abbott's Similac Special Care — both cow's milk-based preterm infant formulas — cause necrotizing enterocolitis (NEC) when fed to premature infants, despite the American Academy of Pediatrics' longstanding recommendation that preterm infants receive exclusive human breast milk. NEC carries a 15–30% mortality rate and causes severe intestinal destruction in surviving infants. More than 30,000 cases are pending in the MDL as of early 2026.
Statute of Limitations (FL): 2 years from NEC diagnosis (Fla. Stat. § 95.11(3)(a)); Florida recognizes the discovery rule for products liability — limitations run from the date parents discovered or should have discovered the injury's causal connection to defendant's formula. Wrongful death: 2 years from death (Fla. Stat. § 95.11(4)(d)).
Federal Transfer to MDL 3026: Florida cases filed in state circuit courts can be removed to the Middle, Southern, or Northern District of Florida and transferred to MDL 3026. Florida's high premature birth rate and active plaintiffs' bar have contributed a substantial number of filings to the N.D. Illinois MDL.
NICU Volume & Premature Birth Data (FL): Florida reports roughly 30,000 premature births per year, with a preterm rate near 10.5%. Key NICUs include Nicklaus Children's Hospital (Miami), AdventHealth for Children (Orlando), Tampa General Hospital, and UF Health Shands (Gainesville). Florida's large elderly-caregiver and bilingual NICU population creates additional challenges in early case identification.
Exposure in Florida
Source: March of Dimes, 2024
Source: Orlando Health
Source: Fla. Stat. § 95.11 (2023 amendment)