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Pennsylvania · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Pennsylvania

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Filing deadlineAge 20 for surviving minor's personal injury claim; 2 years from death for wrongful death42 Pa. C.S. § 5524

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

Updated

01 · Your filing deadline

What is the deadline in Pennsylvania?

Pennsylvania personal injury SOL: 2 years (42 Pa. C.S. § 5524). Minor tolling: SOL tolled until age 18, then 2-year SOL runs — child's claim expires at age 20 (§ 5533(b)). Wrongful death: 2 years from date of death (§ 5524(2)). A lawyer can confirm yours.

Age 20 for surviving minor's personal injury claim; 2 years from death for wrongful death

Pennsylvania follows modified comparative fault — 51% bar. Discovery rule recognized in Pennsylvania for product liability claims.

Source: 42 Pa. C.S. § 5524

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?

Pennsylvania's 2-year personal injury SOL is tolled for minors until age 18 — surviving NEC children have until age 20 to bring their personal injury claims. Pennsylvania has major pediatric research hospitals with large NICUs, including Children's Hospital of Philadelphia (CHOP), which pioneered breast milk advocacy in neonatal care. Pennsylvania follows a modified comparative fault 51% bar rule.

Statute of Limitations (PA): 2 years from NEC diagnosis (42 Pa. C.S. § 5524(2)); Pennsylvania's discovery rule tolls limitations from the date plaintiffs knew or should have known of the causal connection between the formula and the infant's NEC. Wrongful death: 2 years from death (42 Pa. C.S. § 5524(2)).

Federal Transfer to MDL 3026: Pennsylvania cases filed in the Philadelphia or Allegheny County Courts of Common Pleas can be removed to the Eastern or Western District of Pennsylvania and transferred to MDL 3026 in Chicago. Philadelphia federal court (E.D. Pa.) has historically been a hub for mass tort litigation, making transfer coordination efficient.

NICU Volume & Premature Birth Data (PA): Pennsylvania reports approximately 15,000 premature births per year. Leading NICUs include Children's Hospital of Philadelphia (CHOP — one of the nation's largest Level IV NICUs), UPMC Magee-Womens Hospital (Pittsburgh), Penn State Health Children's Hospital (Hershey), and Jefferson Health (Philadelphia). CHOP's NICU volume alone accounts for a meaningful share of PA plaintiff cohorts in the MDL.

Medical facilities in Pennsylvania

  • Children's Hospital of Philadelphia (CHOP) — NICU (Level IV)

  • Magee-Womens Hospital / UPMC Children's — NICU

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 Pennsylvania.

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 Pennsylvania? Read what applies in your state.

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Sources

  1. 42 Pa. C.S. § 5524