Georgia State SOLs for NEC Baby Formula Lawsuits

What You Must Know About NEC in Newborns

If your newborn has developed necrotizing enterocolitis, you are likely—with good reason—anxious and concerned. Necrotizing enterocolitis is a very serious illness, most commonly seen among premature babies who have been fed cow’s milk-based formula. There are currently many NEC formula lawsuits filed against the manufacturers of these cow’s milk-based formulas, most of them made by Abbott Laboratories and Mead Johnson, including some types of Similac and Enfamil. In some cases, not only are babies fed these formulas while in the hospital, but parents are also given these formula samples to take home and feed their babies.

Studies have shown that premature babies are at a much higher risk of developing necrotizing enterocolitis, which is a serious intestinal infection that inflames the gastrointestinal tissues. This can potentially result in a perforation in the baby’s intestines, allowing bacteria to leak into the bloodstream or belly. Necrotizing enterocolitis typically develops between two and six weeks after birth among babies born prior to the 37th week of pregnancy who weigh less than five and a half pounds.

What Are the Most Common NEC Symptoms?

Necrotizing enterocolitis can have many symptoms, some of them life-threatening. The most common NEC signs and symptoms include:

  • Abdominal pain
  • Swelling of the abdomen
  • Rapid or unusual changes in body temperature
  • Changes in heart rate
  • Vomit that is green or yellow
  • Lethargy
  • Refusing to eat
  • Lack of weight gain
  • Diarrhea with bloody stool
  • Metabolic acidosis
  • Tender stomach
  • Jaundiced appearance
  • Low blood pressure
  • Abnormal breathing patterns
  • Lack of appetite
  • Sleep apnea

A 2019 Pub Med study determined that from twenty to forty percent of all infant necrotizing enterocolitis cases will result in surgery. There may be long-term side effects associated with moderate to severe NEC, including gastrointestinal issues, neurodevelopmental issues, and failure to thrive. Survivors of NEC have a 45 percent higher risk of cerebral palsy, visual, hearing, and cognitive impairments, and psychomotor impairments at 20 months than their counterparts who did not have NEC.

How is NEC Treated, and What is the Prognosis?

Considering that at least ten percent of all infants born in the United States are premature (born before 37 weeks), thousands of babies will be diagnosed with necrotizing enterocolitis each year. If your doctor suspects your infant may have necrotizing enterocolitis based on one or more of the above symptoms, an x-ray will be ordered to look for air in the intestines or large veins in the liver. In some instances, a needle may be inserted into your baby’s abdominal cavity to determine whether intestinal fluid—often a sign of NEC—is present. When a diagnosis of NEC is made, the treatments could include one or more of the following:

  • Feedings will be stopped
  • A nasogastric tube could be inserted from the nose into the stomach to keep the stomach empty
  • IV fluids will be administered to ensure the baby is receiving fluid and nutrition replacement
  • Antibiotics for infection will be administered
  • The progress of the disease will be monitored via frequent x-rays
  • Mechanically assisted breathing or extra oxygen could be required
  • To keep the infection from spreading, isolation procedures may be in place
  • Surgery to remove the diseased intestine or bowel
  • Part of the intestine or bowel could be connected to an opening in the abdomen

Many different medical professionals may be involved in your baby’s care, including registered dieticians, specially trained physicians who are experts in nutrition, gastroenterology, and surgical procedures as they relate to NEC, social workers, and pharmacists.

Could the Georgia Statute of Limitations Affect Your Baby Formula Lawsuit?

If your baby developed NEC as a result of being fed a cow’s milk-based formula possibly sold under the brand names Similac and Enfamil, you may want to consider filing a necrotizing enterocolitis lawsuit. It is extremely important that you are aware of the statute of limitations in the state of Georgia so that you do not miss your window of opportunity to file an NEC formula lawsuit.

Each state has its own statutes of limitations that govern personal injury claims, wrongful death claims, medical malpractice, and product liability claims, In some states, the same statute may apply for all of these, while in others, they may be different. You must also consider the Discovery Rule which is also in place in some states, as well as the Statutes of Repose in some states. The Georgia statutes of limitations that could affect an NEC baby formula lawsuit include the following:

  • The statute of limitations for wrongful death in the state of Georgia is two years. The statute for personal injury and medical malpractice claims is also two years. For personal injury and medical malpractice claims this two-year statute begins to run at the time the injury occurs, or at the time the injury was discovered or should have been discovered.
  • Some states include the Discovery Rule which dictates that the actual statute of limitations will not begin to accrue until the harm is discovered or should have been discovered. While the Discovery Rule does apply to Georgia personal injury claims, it does not apply to Georgia wrongful death claims.
  • The Georgia 10-year statute of repose offers certain exceptions regarding a defective product claim. This statute of repose states that no injury claim can be brought after ten years from the date of the first sale for use or consumption of the defective product that caused the injury. Since baby formulas that may have caused NEC have not been designated as “defective,” it is unlikely the statute of repose applies in this instance.

The statutes of limitations can be extremely complex. Having a highly experienced NEC baby formula lawsuit attorney assisting you is crucial in order to ensure the statutes are correctly interpreted.

The Many Benefits of Speaking to a Baby Formula Lawsuit Lawyer

Many NEC baby formula lawsuits are being filed by parents whose premature infants developed severe, even fatal necrotizing enterocolitis after being given a cow’s milk-based formula. Premature babies have an undeveloped digestive system that is adversely affected by these bovine-based formulas. The most-used baby formulas on the market are Enfamil and Similac, which are manufactured by Abbott Laboratories and Mead Johnson.

There is sufficient evidence to suggest that the manufacturers of these formulas were well aware of the risks of NEC in newborns that were born prematurely and given cow’s milk-based formulas. Unfortunately, manufacturers of these formulas have largely ignored the research, specifically failing to warn parents of the potential dangers. When intestinal failure occurs in a premature infant as a result of being given cow’s milk-based formula, NEC Totalis can result, which is an aggressive form of necrotizing enterocolitis that can sometimes result in death.

Speaking to an experienced NEC baby formula lawsuit lawyer about a potential baby formula lawsuit can help you deal with the costs associated with long-term health issues resulting from NEC. These issues may include short bowel syndrome, intestinal strictures, and malabsorption of nutrients. An experienced NEC baby formula lawsuit lawyer from Sullo & Sullo can comprehensively examine the facts of your baby’s NEC, then guide you through the process of a necrotizing enterocolitis lawsuit.

If you are a resident of one of the following Georgia locales whose baby was diagnosed with NEC after being fed a bovine-based formula, it could be beneficial for you to contact a skilled NEC baby formula lawsuit attorney.

Atlanta, Georgia

Augusta, Georgia

Columbus, Georgia

Savannah, Georgia

Athens, Georgia

Sandy Springs, Georgia

Roswell, Georgia

Macon, Georgia

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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