Delaware Statue of Limitations Personal Injury – NEC Baby Formula Lawsuits
Understanding Necrotizing Enterocolitis Necrotizing enterocolitis is a potentially devastating gastrointestinal disease that involves inflammation and infection of the intestinal tract. NEC is the most common gastrointestinal emergency in neonatal intensive care units, as it typically affects premature babies born before 37 weeks of gestation, particularly those born before 32 weeks. NEC affects an estimated one in 2,000 to 4,000 premature births. Babies with a birth weight below 4.5 pounds make up about 80 percent of NEC cases; it is rare for full-term, healthy babies to be diagnosed with necrotizing enterocolitis. It is also rare for babies who are exclusively fed breast milk to develop NEC.
Unfortunately, premature babies may be fed cow’s milk-based formula exclusively or in addition to breast milk in an effort to put weight on the low-weight preemie. Parents are not told that these formulas could potentially lead to their infant developing NEC. Premature babies that are fed a cow’s milk-based formula have a much higher risk of developing NEC—the combination of an immature digestive tract along with the bovine formula appears to be the primary risk factor in infant NEC.
When the intestinal tissues are damaged, perforations in the intestines can occur, allowing intestinal tract bacteria to leak into the abdominal cavity, causing infection and even severe sepsis. Babies who develop necrotizing enterocolitis are usually between three days and four weeks old. Depending on the severity of the NEC, your baby may require surgery to remove the damaged portion of the intestine or bowel.
What Are the Symptoms of NEC in Infants? A baby who has been active since birth may suddenly seem lethargic when NEC is present. Coupled with abdominal distention, feeding intolerance, vomiting, bloody diarrhea, breathing difficulties, temperature instability, or tenderness in the belly, NEC is a likely diagnosis. In some cases, your infant’s doctor may feel a mass in the baby’s belly which could indicate a perforation. The doctor may order an abdominal x-ray which could show multiple bubbles in the intestinal wall. Serial x-rays may help assess the progression of the NEC. In more severe cases, an x-ray could reveal air or gas in the large veins of the liver that is produced by bacteria in the bowel wall.
Your infant’s necrotizing enterocolitis could require either medical or surgical treatment. If the intestine is not perforated and there is only a small portion of the intestine that is affected, medical treatments will be the first line of defense. These medical treatments could include receiving nutrition through an IV, placement of a nasogastric tube to suction air and fluids from the baby’s stomach and intestine, antibiotics, frequent blood tests, and oxygen or mechanically assisted breathing when abdominal swelling interferes with breathing. From sixty to eighty percent of all infants with necrotizing enterocolitis will not require surgical intervention and will go on to lead a normal, healthy life. Those who must undergo surgery for their NEC may be forced to deal with long-term issues associated with NEC.
What You Need to Know About NEC in Newborns A necrotizing enterocolitis diagnosis can be extremely frightening. Obviously, it is frustrating and anxiety-inducing when you cannot feed your baby, particularly when he or she is so small.
Should abdominal swelling interfere with your baby’s ability to breathe, their breathing may be mechanically assisted, or oxygen may be provided. In more severe cases of NEC, a red blood cell transfusion or platelet transfusion could become necessary. Among infants that require surgery for their NEC, the long-term issues they are left with could include short bowel syndrome, liver problems, the inability to digest food, malabsorption of nutrients, poor growth, neurodevelopmental delays, and intestinal stricture. Short-term issues include infection, failure to thrive, and, in some cases, death.
Many babies that have had necrotizing enterocolitis will recover fully and have no issues in the future related to NEC. Others, particularly those who must undergo surgery as an infant, might have long-term issues related to their necrotizing enterocolitis. If your baby suffers from malabsorption as a result of NEC, he or she may be unable to get the nutrients they need from their food. IV nutrition may be required until the intestines are healed sufficiently to allow normal feeding. Neurodevelopmental delays can include vision, hearing, and cognitive impairments as well as a higher risk of cerebral palsy.
Will the Delaware Statute of Limitations Affect Your Enfamil Lawsuit? When considering an NEC baby formula lawsuit, it is essential that you speak to a knowledgeable NEC baby formula lawsuit attorney. The statutes of limitations can be very complex, differing from state to state as well as between the type of claim. Regarding harm to your baby from a cow’s milk-based formula that caused necrotizing enterocolitis, you may be filing a personal injury claim, a wrongful death claim, a medical malpractice claim, or possibly a product liability claim.
Some or all of these types of claims may also employ the Discovery Rule, which allows more time for injuries or harm that was not discovered until later. The Discovery Rule typically applies to medical malpractice claims, but, depending on the state, may apply to all types of claims. The state of Delaware has the following statutes in place that could affect your NEC baby formula lawsuit:
A wrongful death claim in the state of Delaware must be brought within two years of the date of the death, however, the Discovery Rule applies to wrongful death actions in Delaware, tolling the statute of limitations until the plaintiff knew or reasonably should have known of the negligence causing the death.
A personal injury claim must be brought within two years from the date of the accident that caused harm or injury in the state of Delaware.
A medical malpractice claim must be brought within two years of the date that the medical malpractice occurred. In circumstances where the medical error could not possibly have been discovered within this two-year period, the state allows the limitations period to be extended by one year, making the maximum limitation period for any malpractice claim three years—one of the toughest in the country.
Product liability claims in the state of Delaware must be brought within two years of the date of the harm or injury from a defective or dangerous product. There are no statutes of repose in Delaware, however, the Discovery Rule applies to product liability claims, tolling the statute of limitations until the plaintiff discovers—or should reasonably have discovered—the injury or harm.
Why Should You Speak to a Knowledgeable NEC Baby Formula Lawsuit Lawyer? If your infant was diagnosed with necrotizing enterocolitis after being fed a cow’s milk-based formula while at the hospital, you may want to consider a Similac and Enfamil lawsuit. While a baby formula lawsuit cannot change what has happened to your baby and to you and your family, it can help ensure that manufacturers of these formulas must warn parents—particularly those of premature newborns—that these formulas can potentially contribute to or cause necrotizing enterocolitis.
It is important that you speak to a knowledgeable NEC baby formula lawsuit attorney about your rights in this matter, and to ensure you will not exceed the Delaware statute of limitations. NEC in newborns can be a very serious matter; those in the below Delaware locales should contact an experienced NEC baby formula lawsuit attorney from Sullo & Sullo as quickly as possible to discuss your options.
- Wilmington, Delaware
- Dover, Delaware
- Newark, Delaware
- Middletown, Delaware
- Smyrna, Delaware
- Seaford, Delaware
- Georgetown, Delaware
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.
