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Florida · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Florida

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Filing deadlineNo general minority tolling for a surviving minor's personal injury claim (Fla. Stat. § 95.051(1)(i)); 2 years from death for wrongful death (§ 95.11(5)(e))Fla. Stat. § 95.11(5)(a), as amended 2023

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

Updated

01 · Your filing deadline

What is the deadline in Florida?

Florida personal injury SOL: 2 years from date of injury (Fla. Stat. § 95.11(5)(a), as amended 2023). Prior to March 2023 it was 4 years. Minor tolling: no general tolling until 18; minority tolls only while the child has no parent, guardian or guardian ad litem, or one with an adverse interest, with a 7-year outer limit (§ 95.051(1)(i)). A lawyer can confirm yours.

No general minority tolling for a surviving minor's personal injury claim (Fla. Stat. § 95.051(1)(i)); 2 years from death for wrongful death (§ 95.11(5)(e))

Wrongful death: 2 years from death (§ 95.11(5)(e)). Since the 2023 tort reform, a plaintiff more than 50% at fault recovers nothing in negligence, strict liability and products liability claims alike (Fla. Stat. § 768.81(1)(c), (6)).

Source: Fla. Stat. § 95.11(5)(a), as amended 2023

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?

Florida's 2-year personal injury SOL is not generally tolled for minors: minority tolls only while the child has no parent, guardian or guardian ad litem, or one with an adverse interest, and the action must be begun within 7 years (§ 95.051(1)(i)). Florida's high premature birth rate and large NICU network have produced significant NEC case filings. Florida's 2023 tort reform law changed some procedural rules but does not eliminate NEC formula claims.

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.

Medical facilities in Florida

  • Nicklaus Children's Hospital — NICU (Level IV)

  • Winnie Palmer Hospital for Women & Babies — 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 Florida.

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 Florida? Read what applies in your state.

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Sources

  1. Fla. Stat. § 95.11(5)(a), as amended 2023