Florida Probate Help After an NEC Baby Formula Death
If your baby developed necrotizing enterocolitis and passed away after being fed a cow's-milk-based preterm formula, Florida law requires an estate to be opened before a wrongful death claim can be filed. We handle that step, with care.
We're sorry you're here. Families who have lost an infant to necrotizing enterocolitis, often after their baby was fed a cow's-milk-based formula marketed for premature infants, are dealing with a loss no legal process can fix. What we can do is handle one specific, necessary piece of it. Under Florida law, a wrongful death claim on behalf of a child who has died can only be brought by a court-appointed personal representative of that child's estate, even when the child was a newborn. That step has to happen before a claim can be filed at all.
A Deadline That Matters Here
Florida generally requires a wrongful death claim to be filed within two years of the death, without an extension for when the cause was discovered. If you're not sure whether that two-year window has already started running in your situation, that's worth finding out quickly, from an attorney handling this type of case, rather than waiting.
Where Things Stand Right Now
Litigation against formula manufacturers over NEC and infant death has been active in federal court and in several state courts, with a mix of results so far, including large jury verdicts in some state court cases and rulings against plaintiffs on certain legal issues in others. One manufacturer recently agreed to pay a substantial settlement covering a portion of pending claims. No global, nationwide settlement covering all claims has been reached as of this writing.
Verdict and settlement figures reported here describe nationwide litigation handled by other firms, not results obtained by LD Legal, and are not a guarantee of any outcome in your case.
Why Probate Comes Into It
How This Works
You have an attorney for the claim
We open the Florida estate and get a parent or family member appointed as personal representative, so the claim can be filed without delay.
You haven't found one yet
We can point you toward attorneys who handle these cases, and get the probate step started at the same time given how the deadline works here.
Common Questions
My baby survived NEC but has lasting injuries. Does this apply to us?
Probate generally isn't required in that situation. A surviving child's claim is typically brought by a parent as natural guardian, which is a different process than what's described on this page.
Why does a newborn need probate at all?
Florida law treats a wrongful death claim the same way regardless of the decedent's age. Someone has to be legally appointed to bring the claim, and for a newborn that's almost always a parent, but it still has to happen through the court.
Does this cost me anything?
Our probate work in these cases is done on a no-fee-to-you basis unless there's a recovery, with the arrangement in writing up front.
Talk to an Attorney About the Florida Side of Your Case
Twenty minutes, no obligation, and no paralegal doing the talking.
Schedule Your Free ConsultationThis is attorney advertising. Attorney responsible for this content: Long Duong, Florida Bar #11857, LD Legal, LLC, Gainesville, Florida. This page does not offer legal advice about your claim or its deadlines; consult the attorney handling that claim. Photo: Amuzujoe, CC BY-SA 4.0. No result is promised or guaranteed.
