Statute of Limitations
New York personal injury SOL: 3 years (CPLR § 214). Minor tolling: SOL tolled until age 18, then 3-year SOL runs — child's claim expires at age 21 (CPLR § 208). Wrongful death: 2 years from date of death by the personal representative (EPTL § 5-4.1). New York follows pure comparative negligence (CPLR § 1411). Discovery rule recognized for latent disease and cases where the causal connection was not reasonably discoverable.
Age 21 for surviving minor's personal injury claim; 2 years from death for wrongful death
Where to File in New York
MDL 3026 — In re Preterm Infant Nutrition Products Liability Litigation — is pending in the Northern District of Illinois before Chief Judge Rebecca R. Pallmeyer in Chicago. The MDL consolidates claims alleging that Mead Johnson's Enfamil Premature and Abbott's Similac Special Care — both cow's milk-based preterm infant formulas — cause necrotizing enterocolitis (NEC) when fed to premature infants, despite the American Academy of Pediatrics' longstanding recommendation that preterm infants receive exclusive human breast milk. NEC carries a 15–30% mortality rate and causes severe intestinal destruction in surviving infants. More than 30,000 cases are pending in the MDL as of early 2026.
Statute of Limitations (NY): 3 years from NEC diagnosis for products liability (N.Y. C.P.L.R. § 214(5)); New York applies the discovery rule — limitations toll until the date of discovery of the injury. Wrongful death: 2 years from infant's death (N.Y. E.P.T.L. § 5-4.1).
Federal Transfer to MDL 3026: NY claims filed in New York state Supreme Court can be removed to the Eastern or Southern District of New York and transferred by the JPML to MDL 3026. New York's longer 3-year products liability statute of limitations means some early-diagnosed cases may still be timely.
NICU Volume & Premature Birth Data (NY): New York records approximately 20,000–22,000 premature births annually. Major regional NICUs include NewYork-Presbyterian/Columbia, NYU Langone, Montefiore Medical Center (Bronx), and Cohen Children's Medical Center (Long Island). NICU admission rates in New York City boroughs — particularly the Bronx, Brooklyn, and Queens — are among the highest in the northeastern U.S., driven by socioeconomic and demographic factors linked to preterm birth.
Exposure in New York
Source: NY-Presbyterian Hospital
Source: March of Dimes, 2024
Source: CPLR § 214