Arizona Statute of Limitations for NEC Baby Formula Lawsuits
Are You Considering Filing a Necrotizing Enterocolitis Lawsuit? If your infant developed necrotizing enterocolitis after being fed a cow’s milk-based formula, you may benefit from speaking to an NEC baby formula lawsuit lawyer. To date, there are more than 122 plaintiffs in an Illinois MDL lawsuit against formula manufacturers Mead Johnson and Abbott Laboratories. These two companies are the biggest manufacturers of baby formula in the United States, and their baby formulas—Enfamil and Similac—are among the most widely used formulas. Necrotizing enterocolitis, or NEC, is a disease that affects an infant’s intestines. NEC most often targets premature newborns (those born before the 37th week and particularly those born before the 32nd week).
It is theorized that the immature digestive systems of these preemies cannot handle cow’s milk formulas. Babies who are fed only breast milk after birth are unlikely to develop NEC as are full-term healthy babies. The inflammation of intestinal tissues can eventually result in perforation of the intestines and could require surgical intervention. When the intestine is perforated, fecal matter or other digestive fluids can leak into the abdomen. This is a medical emergency as it could result in potentially fatal sepsis. NEC is currently one of the leading causes of infant death.
Premature babies may be fed only cow’s milk-based formula or could have their breast milk supplemented with these formulas in an effort to help them gain weight. The goal is to provide extra nutrition which will speed up their growth, however, many brands—including Enfamil and Similac—are bovine-based, which places premature infants at risk of necrotizing enterocolitis. Abbott Laboratories and Mead Johnson have been aware of the potential risks associated with cow’s milk-based formulas, but have failed to warn parents or medical professionals about these risks. The following Enfamil and Similac baby formulas are bovine-based:
Enfamil: DHA-In-Sol, Human Milk Fortifier in liquid and powder, Enspire, 24-Calorie Formula, Nutramigen, NeuroPro Enfacare, NeuroPro Gentlease, Premature Infant Iron Formula 24 Cal and 30 Cal, and Premature 30 and 24 Cal
Similac: 360 Total Care, Special Care 20/24/24 High Protein/30, Special Care, NeoSure, Expert Care Alimentum, Alimentum, Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid, Human Milk Fortifier Powder and Concentrated Liquid, and Liquid Protein Fortifier
What Are Common Symptoms of Necrotizing Enterocolitis? Parents of a premature infant may be the first to notice symptoms of necrotizing enterocolitis. The baby may be fussy and unwilling to eat, or the tummy could be red, distended, and with spots of tenderness. Other signs and symptoms of necrotizing enterocolitis include:
- Rapid or unusual changes in body temperature
- Changes in heart rate
- Vomit that is green or yellow
- Irritability
- Lack of weight gain
- Diarrhea with bloody stool
- Metabolic acidosis
- Jaundiced appearance
- Low blood pressure
- Sleep apnea or periods where the baby stops breathing
Necrotizing enterocolitis may be treated medically or surgically. Medical treatments include an IV to ensure the baby is receiving liquids to prevent dehydration as well as nutrients. A nasogastric tube (from the baby’s nose to the stomach) suctions air and fluids from the infant’s intestine and stomach, and antibiotics. A baby diagnosed with necrotizing enterocolitis will probably have a series of X-rays, first to determine whether a portion of the intestine has died and surgery is required, and then to ensure that the NEC is resolving.
When there is a perforation in the intestine, surgery will be likely. Surgery always carries risks, particularly for a premature baby. The surgeon will cut out the portion of the intestine that has died, leaving as much of the intestine as possible. A second surgery may be necessary to determine whether any more of the intestine has died. There may be long-term issues associated with NEC, including failure to grow and thrive, strictures and adhesions in the gastrointestinal tract, short bowel syndrome with or without intestinal failure, and neurodevelopmental delays including issues with hearing and vision, and cerebral palsy.
How Could the Arizona NEC Statute of Limitations Affect Your Similac and Enfamil Lawsuit? If you are unfamiliar with the statutes of limitations in your state, this is something that could significantly affect your necrotizing enterocolitis lawsuit. The statutes of limitations are set by each state and can vary, depending on the type of claim (wrongful death, personal injury, product liability, and medical malpractice). Unfortunately, many people may look up their state’s statute of limitations for a specific claim and decide they have missed their window of opportunity.
The statutes of limitations are complex, and, in some instances, there may be exceptions. It is imperative that you speak to a knowledgeable NEC baby formula lawsuit attorney before you conclude you have missed your opportunity to file a claim. If your baby was injured or died as a result of necrotizing enterocolitis resulting from being fed a cow’s milk-based formula, you may have a valid Similac or Enfamil lawsuit.
Of course, no amount of money can negate your loss, however, it can help you pay medical expenses related to your baby’s NEC diagnosis and can ensure parents are given all the facts regarding cow’s milk-based formulas when given to premature infants. The statutes of limitations in the state of Arizona include the following:
You have two years from the time of the death to file a wrongful death claim in the state of Arizona. Arizona does not accept the Discovery Rule for wrongful death claims, so it is even more important that you not miss this two-year window of time.
The statute of limitations for personal injury claims in Arizona is also two years. Again, Arizona does not accept the Discovery Rule for personal injury claims, so it is extremely important that you know when the statute begins to toll and when it ends.
Medical malpractice claims in the state of Arizona have a two-year statute, however, the Discovery Rule does apply to medical malpractice claims. This means that if the harm or injury was not discovered until after the statute has run, you may be able to assert that the two years only begin once the injury is known. Once reasonable diligence is proven, the medical malpractice claim can move forward despite the fact that the two-year statute has run.
Product liability claims in Arizona have a two-year statute, however, Arizona has a 12-year statute of repose which begins once the defective product is sold.
Benefits You Gain from Speaking to a Knowledgeable NEC Baby Formula Lawsuit Lawyer Perhaps you have not yet determined whether you should file an NEC baby formula lawsuit. It can be extremely beneficial to speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo. Not only could you be compensated for the medical expenses you’ve had to date, but if your child could have long-term medical and developmental issues, you could receive compensation for these expenses as well.
The huge corporations that manufacture baby formulas should be held accountable for failing to warn parents and healthcare providers about the potential for NEC when a cow’s milk-based formula is given to a premature infant. You need an attorney who fully understands the issues and the solutions, and who can guide you through the process should you choose to file a Similac and Enfamil lawsuit. If you live in one of the following Arizona locales, and your baby was diagnosed with NEC after being given a bovine-based formula, it’s time to contact a skilled NEC attorney.
- Phoenix, Arizona
- Tucson, Arizona
- Mesa, Arizona
- Chandler, Arizona
- Glendale, Arizona
- Scottsdale, Arizona
- Tempe, Arizona
- Peoria, Arizona
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.
