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Massachusetts · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Massachusetts

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Filing deadlineAge 21 for surviving minor's personal injury claim; 3 years from death for wrongful deathMGL c. 260, § 2A

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

Updated

01 · Your filing deadline

What is the deadline in Massachusetts?

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). A lawyer can confirm yours.

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

Modified comparative fault — 51% bar (MGL c. 231, § 85). Massachusetts product liability follows strict liability in tort.

Source: MGL c. 260, § 2A

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?

Massachusetts' 3-year personal injury SOL is tolled for minors until age 18 — surviving NEC children have until age 21 to file. Massachusetts follows modified comparative fault (51% bar). Massachusetts has major pediatric research institutions including Boston Children's Hospital, a world leader in neonatal medicine and NEC research. Massachusetts product liability law supports failure-to-warn claims.

Medical facilities in Massachusetts

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

  • Brigham and Women'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 Massachusetts.

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 Massachusetts? Read what applies in your state.

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

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Sources

  1. MGL c. 260, § 2A