NEC Baby Formula (Similac/Enfamil) Lawsuit in Massachusetts

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Written By
People's Justice Legal Research Team

Statute of Limitations

Massachusetts personal injury SOL: 3 years (MGL c. 260, § 2A). Minor tolling: SOL tolled until age 18, then 3-year SOL runs — child's claim expires at age 21 (MGL c. 260, § 7). Wrongful death: 3 years from death (MGL c. 229, § 2). Modified comparative fault — 51% bar (MGL c. 231, § 85). Massachusetts product liability follows strict liability in tort.

Age 21 for surviving minor's personal injury claim; 3 years from death for wrongful death

Massachusetts Data

Exposure in Massachusetts

Source: Boston Children's Hospital

Source: March of Dimes, 2024

Source: MGL c. 260

Medical Resources

Clinics & Specialists in Massachusetts

Boston Children's Hospital — NICU (Level IV)

Brigham and Women's Hospital — NICU (Level III)

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