NEC Baby Formula (Similac/Enfamil) Lawsuit in South Dakota

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Written By
People's Justice Legal Research Team

Statute of Limitations

South Dakota personal injury SOL: 3 years (SDCL § 15-2-14). Minor tolling: SOL tolled until age 18, then 3-year SOL runs — child's claim expires at age 21 (SDCL § 26-2-4). Wrongful death: 3 years from death (SDCL § 21-5-2). South Dakota follows modified comparative fault — 51% bar. Discovery rule recognized.

Age 21 for surviving minor's personal injury claim; 3 years from death for wrongful death

South Dakota Data

Exposure in South Dakota

Source: Sanford Health

Source: March of Dimes, 2024

Medical Resources

Clinics & Specialists in South Dakota

Sanford Children's Hospital — NICU (Level III)

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