Arkansas Statute of Limitations for NEC Baby Formula Lawsuits
Why Should You Consider Filing an NEC Baby Formula Lawsuit? If your baby developed necrotizing enterocolitis after birth, you may want to consider whether filing an NEC baby formula lawsuit is right for you. Of course, your decision will take many things into consideration, including how sick NEC made your baby, and whether there were long-term complications. Necrotizing enterocolitis can even be severe enough to cause death when a baby has NEC Totalis, which is total intestinal failure.
Necrotizing enterocolitis is most commonly seen among newborns who are born prematurely, specifically before the 37th week, with those born before the 32nd week having the highest risk of developing NEC. While research is ongoing, one of the risk factors associated with the development of NEC is whether your baby was fed a cow’s milk-based formula after birth. Sometimes premature babies are fed this type of formula in addition to breast milk, or they could be fed the bovine-based formula as their sole source of nutrition.
The research appears to indicate that a premature baby’s immature digestive system coupled with a bovine-based formula can result in necrotizing enterocolitis. Even though the primary manufacturers of baby formula—Mead Johnson and Abbott Laboratories—have known since the 90s that these formulas could potentially be a factor in NEC diagnoses, they have failed to warn parents or medical personnel. As of March 2023, there were 122 plaintiffs in an Illinois MDL lawsuit against these baby formula manufacturers, along with individual state lawsuits.
How Could Your Newborn Develop Necrotizing Enterocolitis? While there seems to be no single cause of necrotizing enterocolitis, the primary risk factors include premature babies or babies with difficult deliveries and lowered oxygen levels in conjunction with cow’s milk-based baby formula. Necrotizing enterocolitis could be due to the specific makeup of the infant formula taken together with the relatively immature digestive system of a premature baby.
While babies who are exclusively fed breast milk can develop necrotizing enterocolitis, it is extremely rare. Necrotizing enterocolitis usually occurs in babies from three to 12 days after birth, but can occur up to four weeks after birth, and, in some cases, even later. Full-term, healthy babies rarely develop NEC, so it is primarily seen among premature babies who are fed bovine-based formulas.
What Are the Signs and Symptoms of Necrotizing Enterocolitis? While different infants will experience necrotizing enterocolitis symptoms differently, these signs and symptoms most often include:
- Discoloration of the abdomen
- Distention of the abdomen
- Tender spots on the abdomen
- Diarrhea and bloody bowel movements
- Poor feeding and lack of interest in feeding
- Bile-colored vomit
- Gastric drainage
- Periods of breathing cessation
- Lethargy
- Low blood pressure
- Temperature instability
- Low heart rate
If your baby is not eating well and acting lethargic, or if you notice the baby’s tummy is tender, red, or swollen, the physician may have an X-ray of the abdomen taken. Redness of the abdominal wall, a perforation in the intestinal wall, or inflammation of the membrane that lines the abdominal cavity may be seen on the X-ray and will indicate NEC. The X-ray could also show small bubbles in the wall of the intestine or air or gas in the large veins of the liver. The severity of your baby’s NEC will determine whether the treatment will be medical or surgical—or both.
Sixty to eighty percent of the babies diagnosed with NEC will not require surgery and will be able to lead a normal, healthy life. Medical treatments include cessation of oral feeding by switching to an IV to administer nutrients and liquids to the baby. In some cases, a nasogastric tube that suctions air and fluids from the baby’s stomach and intestine will be implemented to relieve swelling and discomfort. The baby will likely be given an antibiotic, and his or her diapers will be checked regularly for blood.
Frequent blood tests will determine whether there are any imbalances, as well as detect early signs of infection. If the baby’s abdominal swelling is severe enough to interfere with breathing, oxygen or mechanically assisted breathing will be provided. In very severe cases of NEC, the baby may require a platelet and red blood cell transfusion. If there is a perforation of the intestine, or the child fails to respond to medical treatments, surgery may be necessary.
Could Your Arkansas Similac Lawsuit Be Affected by the Statutes of Limitations? One of the most important considerations when you are planning to file an NEC baby formula lawsuit to address the harm done to your infant concerns the statutes of limitations. These statutes are determined by each individual state and can range from one year to ten years, depending on the state and the type of claim (wrongful death, personal injury, medical malpractice, or product liability).
While there are certain exceptions addressed by the Discovery Rule or statutes of repose, if you exceed the allowed window of time, you may be barred from ever bringing a baby formula lawsuit. It is important (even if you think your state statute of limitations has run), to speak to a knowledgeable NEC baby formula lawsuit attorney who can help you sort out the complexities of these statutes while answering any questions you may have. The specific statutes of limitations in the state of Arkansas include:
A wrongful death claim in the state of Arkansas has a three-year statute of limitations. The Discovery Rule does not apply to wrongful death claims in the state of Arkansas, so there are no exceptions to this statute. If a wrongful death claim is not brought within this three-year period, the claim will be barred.
If you are filing a personal injury claim in the state of Arkansas, your statute of limitations will be three years from the date of the injury.
A medical malpractice claim in Arkansas has a statute of limitations of two years from the date of the injury, however, when the victim of a medical malpractice claim was under nine years old at the time the injury occurred, the statute can be halted until the victim turns 11 years old or commences within two years of the injury, whichever date is later.
Product liability claims in Arkansas have a three-year statute of limitations following the date of damage, injury, or death, with no applicable statute of repose.
Why You Should Speak to a Highly Skilled Necrotizing Enterocolitis Baby Formula Lawsuit Attorney It could be extremely beneficial for you to speak to an experienced NEC baby formula lawsuit attorney regarding your right to file a Similac and Enfamil lawsuit. If your baby suffered serious harm from necrotizing enterocolitis or will have long-term issues associated with the NEC, you are facing potentially extreme medical expenses. Not only does a lawsuit help you pay your child’s current medical expenses, but it can also pay for anticipated medical expenses in the future related to necrotizing enterocolitis.
An attorney from Sullo & Sullo can help you determine whether filing a necrotizing enterocolitis lawsuit is the right thing for you and your family, and if so, we will guide you through the process in the best way possible. It is important that the manufacturers of these cow’s milk-based formulas are made to take responsibility for their failure to warn parents and medical professionals about the potential dangers of bovine-based formulas. The facts of your case will be analyzed, then your attorney will advise you on the best way to move forward. If you are located in any of the following Arkansas locales and your baby was diagnosed with NEC, contact a Sullo & Sullo NEC baby formula lawsuit lawyer today.
- Little Rock, Arkansas
- Fort Smith, Arkansas
- Fayetteville, Arkansas
- Jonesboro, Arkansas
- North Little Rock, Arkansas
- Conway, Arkansas
- Rogers, Arkansas
- Bentonville, Arkansas
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.
