People's Justice

Texas · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Texas

See If You Qualify

Free · No obligation · About 2 minutes

Filing deadlineAge 20 for surviving minor's personal injury claim; 2 years from death for wrongful deathTex. Civ. Prac. & Rem. Code § 16.003

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

Updated

01 · Your filing deadline

What is the deadline in Texas?

Texas personal injury SOL: 2 years (Tex. Civ. Prac. & Rem. Code § 16.003). Minor tolling: SOL tolled for minors until age 18, then 2-year SOL runs — child's claim expires at age 20 (§ 16.001). Wrongful death: 2 years from date of death (§ 16.003(b)). A lawyer can confirm yours.

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

Discovery rule recognized in Texas; applicable when injury could not have been reasonably discovered. Texas follows modified comparative fault — 51% bar rule.

Source: Tex. Civ. Prac. & Rem. Code § 16.003

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.

Woman on the phone on her sofa, smiling
A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Statute of Limitations (TX): 2 years from NEC diagnosis (Tex. Civ. Prac. & Rem. Code § 16.003); discovery rule tolls the statute until parents knew or should have known of the causal link to cow's milk-based formula. Wrongful death: 2 years from infant's death.

Federal Transfer to MDL 3026: Claims filed in Texas state court may be removed to the Southern, Northern, Eastern, or Western District of Texas and subsequently transferred by the JPML to MDL 3026 in N.D. Illinois. Texas plaintiffs comprise a significant portion of pending MDL dockets given the state's birth volume and NICU infrastructure.

NICU Volume & Premature Birth Data (TX): Texas records approximately 40,000–45,000 premature births per year — one of the highest raw totals in the U.S. due to population size. Major NICUs include Texas Children's Hospital (Houston), Dell Children's Medical Center (Austin), Parkland Memorial Hospital (Dallas), and University Health (San Antonio). Premature birth rates in South Texas border counties exceed the state average.

Medical facilities in Texas

  • Texas Children's Hospital — NICU (Level IV)

  • Children's Medical Center Dallas — 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 Texas.

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 Texas? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

Register your interest

Sources

  1. Tex. Civ. Prac. & Rem. Code § 16.003