People's Justice

Michigan · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Michigan

See If You Qualify

Free · No obligation · About 2 minutes

Filing deadline3 years, or 1 year after turning 18 if later, for a surviving minor's personal injury claim; 3 years from death for wrongful deathMCL § 600.5805

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

Updated

01 · Your filing deadline

What is the deadline in Michigan?

Michigan personal injury SOL: 3 years (MCL § 600.5805). Minors: the child's claim can be brought within the 3-year period or within 1 year after turning 18, whichever is later (MCL § 600.5851(1)). Wrongful death: 3 years from date of death (MCL § 600.5805(2)). A lawyer can confirm yours.

3 years, or 1 year after turning 18 if later, for a surviving minor's personal injury claim; 3 years from death for wrongful death

Comparative fault: damages are reduced by the plaintiff's percentage of fault, and no noneconomic damages are awarded if the plaintiff is more than 50% at fault (MCL § 600.2959). Michigan caps non-economic damages in product liability cases (MCL § 600.2946a) — important consideration for NEC case valuation.

Source: MCL § 600.5805

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.

Woman on the phone on her sofa, smiling
A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Michigan's personal injury SOL is 3 years; a surviving child's claim can be brought within the regular period or within 1 year after turning 18, whichever is later (MCL 600.5851(1)). Michigan has significant damage caps in personal injury cases but product liability exceptions may apply. Michigan has major NICUs in Detroit, Ann Arbor, and Grand Rapids with significant premature infant populations. Under Michigan's comparative fault rule, damages are reduced by the plaintiff's percentage of fault, and a plaintiff more than 50% at fault cannot recover noneconomic damages (MCL 600.2959).

Statute of Limitations (MI): 3 years from NEC diagnosis for products liability (M.C.L. § 600.5805(13)); Michigan has no general discovery rule (MCL 600.5827). Wrongful death: 3 years from death (M.C.L. § 600.5805(10)).

Federal Transfer to MDL 3026: Michigan cases filed in state circuit court may be removed to the Eastern or Western District of Michigan and transferred by the JPML to MDL 3026 in Chicago. Michigan's proximity to Chicago (3–4 hours) makes MDL participation logistically accessible for Michigan-based counsel and plaintiffs.

NICU Volume & Premature Birth Data (MI): Michigan records approximately 12,000–14,000 premature births per year, with a preterm rate near 10.4%. Major NICUs include C.S. Mott Children's Hospital at University of Michigan (Ann Arbor — a leading Level IV NICU), Detroit Medical Center's Children's Hospital of Michigan, Spectrum Health Helen DeVos Children's Hospital (Grand Rapids), and Beaumont Hospital (Royal Oak). Detroit-area NICU populations include high proportions of low-income and minority infants with elevated preterm birth risk.

Medical facilities in Michigan

  • C.S. Mott Children's Hospital (U of M) — NICU (Level IV)

  • Children's Hospital of Michigan — 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 Michigan.

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 Michigan? 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. MCL § 600.5805