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Tennessee · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Tennessee

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Filing deadlineAge 19 for surviving minor's personal injury claim; 1 year for wrongful death, running at the latest from the date of deathTCA § 28-3-104

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

Updated

01 · Your filing deadline

What is the deadline in Tennessee?

Tennessee personal injury SOL: 1 year (TCA § 28-3-104). Minor tolling: SOL tolled until age 18, then 1-year SOL runs — child's claim expires at age 19 (TCA § 28-1-106). Wrongful death: 1 year (TCA § 28-3-104(a)(1), which Tennessee courts apply to wrongful death). A lawyer can confirm yours.

Age 19 for surviving minor's personal injury claim; 1 year for wrongful death, running at the latest from the date of death

Tennessee's 1-year adult SOL is the shortest major state deadline. Parents with wrongful death or parental claims should consult an attorney. Modified comparative fault — 50% bar (TCA § 29-11-103).

Source: TCA § 28-3-104

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?

Tennessee has a 1-year personal injury SOL — one of the shortest in the country — but this is tolled for minors until age 18, giving surviving NEC children until age 19 to file. For parents filing wrongful death or loss-of-consortium claims, the 1-year adult SOL applies. Contact a NEC attorney in Tennessee if you believe you have a claim. Tennessee follows modified comparative fault (50% bar).

Medical facilities in Tennessee

  • Monroe Carell Jr. Children's Hospital at Vanderbilt — NICU (Level IV)

  • Le Bonheur Children's Hospital — 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 Tennessee.

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 Tennessee? Read what applies in your state.

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Sources

  1. TCA § 28-3-104