Minnesota State SOLs for NEC Baby Formula Lawsuits

How Necrotizing Enterocolitis Could Affect Your Newborn

If your baby was born prematurely, you may already be facing challenges. All of the baby’s organs and systems may not be fully developed when they are born early. In particular, premature babies can have an underdeveloped digestive system, making them more susceptible to intestinal diseases like necrotizing enterocolitis. A premature baby is one born before 37 weeks. Those infants born before the 32-week mark have an even higher instance of developing necrotizing enterocolitis.

While researchers are not 100 percent sure why premature infants develop NEC, they do know that infants that are fed a cow’s milk-based formula—either as their sole source of nutrition or in addition to breast milk—are much more likely to develop necrotizing enterocolitis. Manufacturers of these bovine-based formulas are aware of research done three decades ago that showed an increased risk of NEC among infants fed these formulas, either solely or as a supplement to breast milk. Yet despite the fact that manufacturers like Abbott Laboratories and Mead Johnson were aware of the potential risks of bovine-based formulas, they have never issued a warning to hospitals and parents regarding this risk.

Although any newborn could potentially develop necrotizing enterocolitis, full-term, healthy babies and those babies fed only breast milk rarely develop the disease. Babies that do develop necrotizing enterocolitis usually do so between the fourth day and three weeks, although they could be older or younger. Necrotizing enterocolitis affects the intestines of newborns, inflaming the lining of the intestine, known as the mucosa.

Once this lining becomes inflamed, the intestinal tissues can be damaged, or even killed. When the intestine is perforated, or has a hole in it, a severe infection in the baby’s belly can occur. Surgery is likely to remove the dead parts of the intestines, then sew them back together. The surgeon will remove as little as possible of the intestines, giving your baby the best chance possible of no long-term effects from the NEC.

Many children do, however, have long-term effects from necrotizing enterocolitis. Failure to thrive is one of the most common long-term effects of necrotizing enterocolitis. This means that the normal growth and development of a baby can be stunted. While many children with NEC get back on track within a relatively short time, those with more severe cases of NEC that required significant medical interventions may never catch up with their peers.

Short bowel syndrome is common among children who had a portion of their intestine removed as an infant with NEC. This is a lifelong condition with no cure, even though there are certain medical interventions that can help the child avoid the most debilitating complications. Those with short bowel syndrome cannot absorb crucial nutrition necessary to sustain their life, so may receive nutrition through feeding tubes and IV fluids.

Neurodevelopmental delays are relatively common among children who had NEC as an infant. These issues can include hearing and vision problems, cerebral palsy, cognitive impairments, and psychomotor impairments. These neurodevelopmental delays can have an effect on intellectual and social abilities and overall quality of life.

Intestinal strictures are the result of damage from necrotizing enterocolitis. As the intestines of a baby heal, scarring within the intestine can result in strictures and adhesions, leading to narrowing of the intestines and leading to abdominal discomfort and pain for the child. If these strictures affect the quality of life of the child, more invasive treatments and subsequent surgeries could be required. Another problem, liver disease, can be the result of a newborn that must receive nutrition for a prolonged period of time through other means than orally. This increases the risk of an NEC baby developing cholestatic liver disease.

What Are the Most Common NEC Symptoms?

Babies with severe cases of necrotizing enterocolitis may develop NEC Totalis, which is the complete failure of the intestine, which can be fatal. Infants that survive NEC Totalis will almost certainly live with short bowel syndrome. Parents of a premature infant may be the first to notice that their baby is not as active as normal, and could even be lethargic, and difficult to rouse. If you press on the baby’s belly, the baby may cry out in pain, or the tummy may be distended and discolored—red, bright pink, or purple-ish. Additional signs of NEC include:

  • Drops in blood pressure
  • The inability to properly digest food
  • Bloody diarrhea
  • A weak pulse
  • Difficulty breathing
  • Infection in the stomach lining
  • Vomiting green bile
  • Abnormal temperature or the inability to maintain temperature
  • Fluid in the abdominal cavity
  • Low heart rates
  • Apnea, or a temporary halt in breathing

Should You Consider an NEC Baby Formula Lawsuit?

If your infant is likely to have long-term issues from necrotizing enterocolitis, an NEC baby formula lawsuit will help with your child’s medical expenses, both current and future. A settlement can help ensure that you get the medical treatments necessary for your child and that you also receive pain and suffering damages from the formula manufacturer that neglected to warn you of the risks of bovine-based formulas in premature babies. It is natural that you may not even have considered a Similac and Enfamil baby formula lawsuit. After all, your every waking moment has been centered around your baby getting better and recovering from necrotizing enterocolitis.

How the Minnesota NEC Statute of Limitations Could Affect Your Similac Lawsuit

The statutes of limitations are in place to limit the amount of time an injured party has to file a claim against the negligent party. Each state sets its own statutes of limitations. In some cases, these statutes may vary, depending on the type of claim being filed—medical malpractice, personal injury, wrongful death, or product liability. The statutes of limitations can be extremely complex, benefitting from having an experienced attorney who can apply the statutes correctly, taking into consideration the specific facts and circumstances of your injury.

Some states incorporate the Discovery Rule into the statutes of limitations, acting as an exception that applies when a person discovers the injury after the statute has run—and applying the “reasonable person” theory to the exception. This means that if a reasonable person would not have discovered the injury or harm any sooner than you did, the Discovery Rule may apply, allowing you extra time. Some states also have statutes of repose, usually for product liability claims. Statutes of repose may allow extra time, basing the start date of the statute on when the product was manufactured, delivered, bought, or sold. The Minnesota statutes of limitations are as follows:

  • The personal injury statute of limitations is two years—or six years if the injury is the result of negligent conduct, so typically, the statute is six years. The Discovery Rule does apply in instances where a reasonable person would not have discovered the injury or harm within the allotted amount of time.
  • A wrongful death claim in the state of Minnesota must be brought within three years. The Discovery Rule does not apply in cases of wrongful death, so the statute of three years is absolute.
  • There is a four-year statute of limitations regarding medical malpractice claims, which begins on the date of the injury.
  • The product liability statute of limitations in the state of Minnesota is even more complex. Those filing a product liability claim have six months from the time they establish an attorney-client relationship to notify the defendant of the intent to pursue a product liability claim. The statute of limitations for product liability claims is four years, although the statute of repose allows up to 10 years in some situations, which would begin at the time the product was manufactured, delivered, bought, or sold.

How Can a Knowledgeable NEC Baby Formula Lawsuit Attorney from Sullo & Sullo Help?

It can be extremely beneficial for you to speak to a highly skilled NEC baby formula lawsuit attorney from Sullo & Sullo. We can take a comprehensive look at the facts and circumstances surrounding your NEC claim, showing you the ways a lawsuit could help your family and help your child get the medical treatments they need and deserve.

DISCLAIMER: Statutes of Limitations limit the amount of time that an individual has to file a lawsuit, and not only vary from state to state, but also vary by cause of action. The information provided above and in the state-specific pages in this section is meant as a general guide, and is for informational purposes only. Each client’s case is unique, and the specific circumstances of any individual case can have significant bearing on the applicable statute of limitations. Any person who believes they may have a viable cause of action is strongly encouraged to consult with an attorney about the statute of limitations for his or her case. Attorney Andrew Sullo is licensed to practice law in Texas, and can prosecute cases that are part of a federal multi-district litigation. Andrew Sullo does not practice law in any other state, and is not certified by the Boards of Legal Specialization in any state. Not all states have board certifications. This information is not intended to solicit clients for matters outside of the State of Texas. Our firm is not accepting cases in any state where it would be impermissible for it to do so. Sullo & Sullo, LLP maintains its principal office in Houston, Texas.

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