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Statute of Limitations
Illinois personal injury SOL: 2 years (735 ILCS 5/13-202). Minor tolling: SOL tolled until age 18, then 2-year SOL runs — child's claim expires at age 20 (735 ILCS 5/13-211). Wrongful death: 2 years from death (735 ILCS 180/2). Illinois follows modified comparative fault — 51% bar. Illinois recognizes the discovery rule and has long-established product liability law favorable to plaintiffs.
Age 20 for surviving minor's personal injury claim; 2 years from death for wrongful death
Where to File in Illinois
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 (IL): 2 years from NEC diagnosis (735 ILCS 5/13-202); Illinois recognizes the discovery rule — the statute runs from when plaintiffs knew or reasonably should have known of the injury's causal connection to cow's milk-based preterm formula. Wrongful death: 2 years from infant's death (740 ILCS 180/2).
Federal Transfer to MDL 3026: As the MDL situs state, Illinois cases face no interstate JPML transfer — cases filed in the Northern District of Illinois are already in MDL 3026 before Chief Judge Rebecca Pallmeyer. Cases filed in Illinois state court (Cook, DuPage, Lake, Will, or Winnebago Counties) may be removed directly to N.D. Illinois and immediately consolidated into the MDL.
NICU Volume & Premature Birth Data (IL): Illinois reports approximately 14,000–16,000 premature births per year, with a preterm birth rate near 10.2%. Major NICUs include Ann & Robert H. Lurie Children's Hospital of Chicago, University of Chicago Medicine Comer Children's Hospital, Rush University Medical Center, and Advocate Children's Hospital. Chicago-area NICUs are within the MDL court's own district, giving Illinois plaintiffs home-court logistical advantages.
Exposure in Illinois
Source: JPML Transfer Order, 2022
Source: Madison County Circuit Court
Source: Cook County Circuit Court