Statute of Limitations
North Carolina personal injury SOL: 3 years (NCGS § 1-52). Minor tolling: SOL tolled until age 18, then 3-year SOL runs — child's claim expires at age 21 (NCGS § 1-17). Wrongful death: 2 years from death (NCGS § 28A-18-2). North Carolina follows pure contributory negligence — any plaintiff fault bars recovery entirely. Product liability SOL: 3 years from injury date; products liability statute of repose: 6 years from purchase.
Age 21 for surviving minor's personal injury claim; 2 years from death for wrongful death
Where to File in North Carolina
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 (NC): 3 years from NEC diagnosis for products liability (N.C. Gen. Stat. § 1-52(16)); North Carolina's discovery rule applies — clock runs from when plaintiffs knew or should have known of the causal link. Wrongful death: 2 years from death (N.C. Gen. Stat. § 1-53(4)).
Federal Transfer to MDL 3026: North Carolina cases filed in state superior court can be removed to the Eastern, Middle, or Western District of North Carolina and transferred by the JPML to MDL 3026. NC's longer 3-year products liability statute of limitations means additional timely claimants remain eligible compared to 2-year states.
NICU Volume & Premature Birth Data (NC): North Carolina records approximately 13,000–15,000 premature births per year, with a preterm rate near 10.6%. Major NICUs include Duke University Medical Center (Durham — a nationally ranked Level IV NICU), UNC Medical Center (Chapel Hill), Atrium Health's Levine Children's Hospital (Charlotte), and WakeMed (Raleigh). Research Triangle academic medical centers have published extensively on NEC and formula exposure, providing scientific context for NC-based claims.
Exposure in North Carolina
Source: March of Dimes, 2024
Source: NCGS § 1-139
Source: NC hospital directory