Statute of Limitations
California personal injury SOL: 2 years from date of injury (CCP § 335.1). Minor tolling: SOL is tolled until age 18, then 2-year SOL runs — child's claim expires at age 20 (CCP § 352). Wrongful death: 2 years from date of death (CCP § 335.1). Discovery rule applies in California and may extend parental claims if the formula-NEC causal link was not reasonably discoverable at the time of diagnosis or death. California follows pure comparative negligence — plaintiffs may recover even if partially at fault.
Age 20 for surviving minor's personal injury claim; 2 years from death for wrongful death
Where to File in California
MDL 3026 — In re Preterm Infant Nutrition Products Liability Litigation — is pending in the Northern District of Illinois before Chief Judge Rebecca R. Pallmeyer in Chicago. The MDL consolidates claims alleging that Mead Johnson's Enfamil Premature and Abbott's Similac Special Care — both cow's milk-based preterm infant formulas — cause necrotizing enterocolitis (NEC) when fed to premature infants, despite the American Academy of Pediatrics' longstanding recommendation that preterm infants receive exclusive human breast milk. NEC carries a 15–30% mortality rate and causes severe intestinal destruction in surviving infants. More than 30,000 cases are pending in the MDL as of early 2026.
Statute of Limitations (CA): 2 years from NEC diagnosis (Cal. Civ. Proc. Code § 335.1); discovery rule applies — clock runs from date parents knew or reasonably should have known NEC was linked to cow's milk-based formula. Wrongful death: 2 years from infant's death.
Federal Transfer to MDL 3026: Cases filed in California state court (Los Angeles, San Francisco, San Diego, Alameda, or Sacramento Superior Courts) may be removed to the corresponding federal district and then transferred by the JPML to MDL 3026 in the Northern District of Illinois. California's large volume of NICU births means CA plaintiffs represent one of the largest cohorts in the MDL.
NICU Volume & Premature Birth Data (CA): California leads the nation in NICU admissions, with roughly 65,000–70,000 premature births annually — about 8.5% of all CA births. Major NICUs at UCSF Benioff Children's, Cedars-Sinai, Children's Hospital LA, and UC Davis Medical Center collectively admit thousands of VLBW infants each year where Enfamil Premature or Similac Special Care was administered.
Exposure in California
Source: California Department of Public Health
Source: March of Dimes, 2024
Source: MDL 3026 Docket Analysis