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Wisconsin · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Wisconsin

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Filing deadlineAge 20 for surviving minor's personal injury claim; 3 years from death for wrongful deathWis. Stat. § 893.54

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

Updated

01 · Your filing deadline

What is the deadline in Wisconsin?

Wisconsin personal injury SOL: 3 years (Wis. Stat. § 893.54). Minor tolling: a minor may sue within 2 years after turning 18 — child's claim expires at age 20 (Wis. Stat. § 893.16). Wrongful death: 3 years from death (Wis. Stat. § 895.04). A lawyer can confirm yours.

Age 20 for surviving minor's personal injury claim; 3 years from death for wrongful death

Modified comparative fault — 51% bar (Wis. Stat. § 895.045).

Source: Wis. Stat. § 893.54

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?

Wisconsin's 3-year personal injury SOL is extended for minors until 2 years after age 18 — surviving NEC children have until age 20 to file. Wisconsin follows modified comparative fault (51% bar) and caps punitive damages. Wisconsin has significant NICU capacity in Milwaukee and Madison. Wisconsin's product liability law supports both strict liability and failure-to-warn theories.

Medical facilities in Wisconsin

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

  • Children's Wisconsin — 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 Wisconsin.

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 Wisconsin? Read what applies in your state.

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

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Sources

  1. Wis. Stat. § 893.54