NEC Baby Formula (Similac/Enfamil) Lawsuit in Wisconsin

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Written By
People's Justice Legal Research Team

Statute of Limitations

Wisconsin personal injury SOL: 3 years (Wis. Stat. § 893.54). Minor tolling: SOL tolled until age 18, then 3-year SOL runs — child's claim expires at age 21 (Wis. Stat. § 893.16). Wrongful death: 3 years from death (Wis. Stat. § 895.04). Modified comparative fault — 51% bar (Wis. Stat. § 895.045). Wisconsin caps punitive damages at 2x compensatory damages or $200,000, whichever is greater (Wis. Stat. § 895.043(6)).

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

Wisconsin Data

Exposure in Wisconsin

Source: March of Dimes, 2024

Source: UW Health

Source: Wis. Stat. § 895.043(6)

Medical Resources

Clinics & Specialists in Wisconsin

American Family Children's Hospital (UW Health) — NICU (Level IV)

Children's Wisconsin — NICU (Level IV)

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