Illinois State SOLs for NEC Baby Formula Lawsuits
What Do I Need to Know About Necrotizing Enterocolitis? Necrotizing enterocolitis is a serious disease that is also one of the most common diseases seen among premature babies. Necrotizing enterocolitis causes a portion of the intestine to become inflamed, possibly even developing perforations or holes that will result in the necessity for surgery to repair the hole. Since the digestive systems of premature babies are underdeveloped, it is believed that when these preterm babies are fed a cow’s milk-based formula, the risk of necrotizing enterocolitis is significantly increased. Enfamil and Similac are two of the formulas made by major manufacturers Abbott Laboratories and Mead Johnson.
These cow’s milk-based formulas may irritate the intestinal lining, causing symptoms of necrotizing enterocolitis. If your baby developed necrotizing enterocolitis after being fed one of these cow’s milk-based formulas (listed below) then you may have a valid Similac and Enfamil lawsuit. It may be beneficial to speak to a knowledgeable NEC baby formula lawsuit attorney to explore your legal options.
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 the Causes of Necrotizing Enterocolitis? Full-term healthy babies are rarely diagnosed with NEC, perhaps because their digestive systems are more fully developed. Babies that are exclusively fed breast milk are also rarely diagnosed with necrotizing enterocolitis. While the exact mechanism of why the risk of NEC is increased among babies who are fed bovine-based formula is not entirely understood, it is speculated that cow’s milk-based formulas may cause damaging bacteria in the underdeveloped intestines of premature infants.
The primary problem is that the manufacturers of these formulas—despite research going back more than 30 years—have failed to share the potential risks of these bovine-based formulas in preterm infants. Many cases of NEC could have been avoided if these risks were listed on the label of the infant formula. You may wonder what the signs and symptoms of NEC are. Usually, a parent is the first to notice that the baby is fussier than normal and may have tender spots on their tummy. The stomach may also be swollen and red, bright pink, or purple-colored. Other signs of NEC may include:
- Lack of appetite or disinterest in food
- Rapid or unusual changes in body temperature
- Periods of cessation of breathing (apnea)
- Low blood pressure
- Changes in heart rate
- Vomit that is green or yellow
- Lethargy
- Lack of weight gain
- Diarrhea with bloody stool
- Metabolic acidosis
- Jaundiced appearance
- Abnormal breathing patterns
NEC may be diagnosed through a physical examination, blood tests to check for infection and low platelet counts, and X-rays. NEC may be treated surgically or medically. Surgical procedures are reserved for babies who have perforations in their intestines that must be repaired. Medical treatments may include a nasogastric tube that will prevent the baby’s stomach and intestines from filling with air, an IV to prevent dehydration and deliver nutrients, antibiotics to fight infection, and, in some cases, medication to help support a normal blood pressure so the intestines will get sufficient blood flow.
If surgery is required, your baby will be given general anesthesia, then the portion of the intestine that is perforated will be removed. Since the more intestine your baby is left with will make it more likely that he or she will grow and develop while having fewer future issues related to NEC, the doctor may leave inflamed or even infected portions of the intestine. Another surgery may be necessary to see whether these inflamed or infected portions of the intestine are healing properly.
What is Short Bowel Syndrome and Are There Other Long-Term NEC Effects? While some babies will heal completely from their NEC, others may not be so fortunate and can have long-term effects from their infant NEC. Short bowel syndrome is one of those long-term effects. When NEC damages or destroys a section of the small intestine and surgery is necessary to remove a significant portion of the intestine, the infant may develop short bowel syndrome, which can cause major feeding difficulties. Those with short bowel syndrome can be unable to absorb the necessary nutrition they need to sustain growth and even life, and may require multiple hospitalizations. Other long-term effects of NEC include strictures, adhesions, failure to grow and thrive, neurodevelopmental delays, and cholestasis.
Could Your Necrotizing Enterocolitis Lawsuit Be Affected by the Illinois Statutes of Limitations? If you are considering a necrotizing enterocolitis lawsuit, you must be aware of the statutes of limitations that govern the amount of time you have in which to file your claim. Your state sets its own statutes of limitations, just as other states do. These statutes may range from one year to up to ten years or more and may vary depending on the type of claim (personal injury, medical malpractice, product liability, or wrongful death). The window of time is also dependent on whether your state recognizes the Discovery Rule, and whether statutes of repose are in place regarding a product liability claim. In the state of Illinois, the following statutes of limitations apply:
The statute of limitations for a wrongful death claim in the state of Illinois is two years, however, for wrongful death claims based on medical malpractice the Discovery Rule applies. In a wrongful death claim where medical malpractice is alleged, the statute begins to run when a plaintiff knows or reasonably should have known the death was wrongfully caused.
Personal injury claims in Illinois have a two-year statute of limitations but also allow the Discovery Rule to extend the time from the date of the injury to the time the injury was discovered or should reasonably have been discovered.
Medical malpractice claims in the state have a two-year statute of limitations, however, the statute of repose increases this amount of time, giving a plaintiff up to four years to file a medical malpractice lawsuit when the injury from the medical malpractice is not discovered until later.
Product liability claims have a two-year statute of limitations but also have an eight-year statute of repose. Plaintiffs must file their product liability claim within two years of when they discovered the injury or harm—or should have reasonably discovered the injury or harm—with an outside limit of eight years.
It is important that you speak to a knowledgeable NEC baby formula lawsuit attorney regarding your specific statute of limitations for the injuries to your baby resulting from necrotizing enterocolitis. You may not have been aware that cow’s milk-based baby formula could be harmful to your premature baby, potentially causing necrotizing enterocolitis. Let an experienced attorney help you determine whether you have a valid baby formula lawsuit.
What Are the Benefits of Speaking to An NEC Baby Formula Lawsuit Lawyer? There are many benefits you will garner from speaking to a skilled NEC baby formula lawsuit lawyer from Sullo & Sullo. Since your baby’s NEC and your individual circumstances are unique, our attorney will analyze the facts of your case, exploring all available options regarding filing a Similac and Enfamil lawsuit. Your attorney will also ensure all statute of limitation deadlines are met in a timely manner. If your baby has been diagnosed with NEC after being fed a cow’s milk-based formula, and you reside in one of the following Illinois locales, we are ready to guide you through this difficult time.
- Chicago, Illinois
- Aurora, Illinois
- Rockford, Illinois
- Joliet, Illinois
- Naperville, Illinois
- Springfield, Illinois
- Peoria, Illinois
- Elgin, Illinois
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.
