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Minnesota · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Minnesota

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Filing deadline4 years (strict liability) or 6 years (negligence), suspended during minority but not beyond one year after age 18; wrongful death: 3 years from death, within 6 years of the actMinn. Stat. § 541.05, subd. 2

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

Updated

01 · Your filing deadline

What is the deadline in Minnesota?

Minnesota: 4 years for strict product liability (Minn. Stat. § 541.05, subd. 2); 6 years for negligence (§ 541.05, subd. 1(5)). Minority suspends the deadline, but not for more than one year after the child turns 18 (Minn. Stat. § 541.15). Wrongful death: 3 years from death, and within 6 years of the act or omission (Minn. Stat. § 573.02). A lawyer can confirm yours.

4 years (strict liability) or 6 years (negligence), suspended during minority but not beyond one year after age 18; wrongful death: 3 years from death, within 6 years of the act

Modified comparative fault — 51% bar (Minn. Stat. § 604.01). Minnesota does not cap compensatory damages in product liability cases.

Source: Minn. Stat. § 541.05, subd. 2

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?

Minnesota allows 4 years for strict product liability claims (Minn. Stat. § 541.05, subd. 2) and 6 years for other personal-injury claims, such as negligence (§ 541.05, subd. 1(5)). Minn. Stat. § 541.15 suspends the deadline while the injured person is under 18, but not for more than one year after the person turns 18. Minnesota follows modified comparative fault (51% bar) and does not cap compensatory damages. Minnesota Children's Minnesota operates major NICUs in the Twin Cities.

Medical facilities in Minnesota

  • Children's Minnesota — NICU (Level IV, Minneapolis)

  • Mayo Clinic Children's Center — NICU (Level IV)

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 Minnesota.

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 Minnesota? 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. Minn. Stat. § 541.05, subd. 2