Indiana · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Indiana

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Filing deadline2 years from accrual for a surviving child's product claim, regardless of minority (IC § 34-20-3-1); 2 years for wrongful death (IC § 34-23-1-1)IC § 34-11-2-4

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

Updated

01 · Your filing deadline

What is the deadline in Indiana?

Indiana personal injury SOL: 2 years (IC § 34-11-2-4). Minor tolling: the general rule (2 years after age 18, IC § 34-11-6-1) does not apply to product liability actions, which must be filed within 2 years after accrual regardless of minority (IC § 34-20-3-1(a)). Wrongful death: 2 years from death (IC § 34-23-1-1). A lawyer can confirm yours.

2 years from accrual for a surviving child's product claim, regardless of minority (IC § 34-20-3-1); 2 years for wrongful death (IC § 34-23-1-1)

Modified comparative fault — 51% bar (IC § 34-51-2-6). Indiana Product Liability Act (IC § 34-20) governs product claims.

Source: IC § 34-11-2-4

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?

Indiana's 2-year product liability deadline applies regardless of minority (IC § 34-20-3-1(a)), so it is not extended to age 20 for surviving NEC children. Indiana follows modified comparative fault (51% bar).

Medical facilities in Indiana

  • Riley Hospital for Children at IU Health — NICU (Level IV)

  • Peyton Manning Children's Hospital — NICU (Level III)

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 Indiana.

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 Indiana? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

Register your interest

Sources

  1. IC § 34-11-2-4