Statute of Limitations
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)). Pennsylvania follows modified comparative fault — 51% bar. Discovery rule recognized in Pennsylvania for product liability claims.
Age 20 for surviving minor's personal injury claim; 2 years from death for wrongful death
Where to File in Pennsylvania
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 (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.
Exposure in Pennsylvania
Source: Children's Hospital of Philadelphia
Source: March of Dimes, 2024
Source: Academic literature