Iowa Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
Should I Consider a Similac and Enfamil Lawsuit? Perhaps your baby was diagnosed with necrotizing enterocolitis and you have heard of the NEC baby formula lawsuits. You may wonder whether a necrotizing enterocolitis lawsuit is right for you. The answer to that question depends on the facts and circumstances related to your baby’s NEC. It can be extremely beneficial for you to speak to an NEC baby formula lawsuit attorney who has the knowledge and skills necessary to comprehensively evaluate your specific situation, then help you make a decision regarding an NEC lawsuit. Major manufacturers of baby formula like Mead Johnson and Abbott Laboratories (who make Enfamil and Similac) are aware of the fact that when a bovine-based formula is fed to a premature infant, NEC can occur—yet did nothing to warn parents and medical professionals of this risk.
It is believed that premature infants (those born before 37 weeks, and particularly those born before 32 weeks) have an undeveloped digestive system that is unable to handle these cow’s milk-based formulas. In fact, some premature infants are fed these formulas through a tube that goes directly into their stomachs. Infants who are fed breast milk exclusively are unlikely to develop necrotizing enterocolitis, just as full-term infants who are healthy, are also unlikely to develop NEC. Parents who are aware of the link between cow’s milk-based formulas and NEC would almost certainly find an alternative formula for their babies.
Your baby may recover from necrotizing enterocolitis, or he or she may have long-term problems associated with NEC. The long hospital stay, along with long-term NEC issues, can cost a significant amount of money that a settlement could help with. The manufacturers of the implicated baby formulas need to be held accountable for their failure to warn—another reason for a Similac and Enfamil lawsuit. If you have questions regarding your decision to file an NEC baby formula lawsuit, your attorney can answer your questions and guide you through the process.
What Are the Signs and Symptoms of NEC in Infants?
Necrotizing enterocolitis is a disease of the intestine that causes inflammation and perhaps even perforations in the intestine. Parents are often the first to notice that their baby is ill. Perhaps the baby’s belly is red, inflamed, and tender, and the baby may be fussy and lethargic. In some instances, the baby will be constipated or have diarrhea, which may contain blood. Other common signs and symptoms of NEC in newborns include:
Rapid or unusual changes in body temperature
Changes in heart rate
Vomit that is green or yellow
Lethargy
Lack of weight gain
Metabolic acidosis
Jaundiced appearance
Low blood pressure
Abnormal breathing patterns
Lack of appetite
Sleep apnea
If the intestine is not perforated, NEC may be treated medically. A nasogastric tube may be placed to prevent the stomach and intestines from filling with air. An IV will be placed to provide nutrients and hydration, and antibiotics may be given to fight infection. Medication may be given to help support normal blood pressure, allowing the intestines to receive sufficient blood flow.
What is Intestinal Rehabilitation?
Intestinal rehabilitation is the process where the intestine is gradually restored to “normal,” allowing it to digest food and absorb nutrients normally. This intestinal rehabilitation is accomplished slowly, through diet, medications, and surgery, in some cases. Intestinal rehabilitation heals a compromised or short bowel so the child is able to return to eating normally. IV nutrition may be given until the intestine has recovered and is functioning properly. This IV nutrition must be extremely targeted to help minimize liver disease and maintain normal growth.
Nutritional and gastrointestinal care will be specific to your baby’s needs and how severe his or her NEC is. Your baby will be carefully monitored throughout the intestinal rehabilitation. Newer surgical procedures may be implemented to increase the function of the intestines, improving the baby’s growth and development. One of these surgical procedures is a serial transverse enteroplasty procedure which reshapes the small intestine, increasing the length of the intestine to create better intestinal absorption.
Could Your Necrotizing Enterocolitis Lawsuit Be Affected by the Iowa Statutes of Limitations?
If you are considering filing a necrotizing enterocolitis lawsuit, it is important that you are aware of the statutes of limitations—the window of time—that governs claims like this. Each state sets its own statute of limitations which could vary significantly from other states and may vary according to the type of claim filed. The statutes of limitations are also affected by whether the state incorporates the Discovery Rule into the statute. The Discovery Rule allows more time when an injury is not discovered until later and could not reasonably have been discovered.
For product liability claims, some states also have statutes of repose that extend the amount of time an injured person has to file a claim. These statutes of repose may be dependent on the date the product was manufactured, delivered, bought, or sold. Since these statutes can be confusing, it is essential that you speak to a knowledgeable NEC baby formula lawsuit attorney who can help you determine whether you still have time to file your Similac lawsuit. In the state of Iowa, the following statutes of limitations are in place:
A wrongful death claim must be filed within two years of the date of death. While some states extend the statutes when a criminal case is pending, this is not the case in Iowa. Further, the Discovery Rule is not accepted in the state of Iowa for a wrongful death claim.
A personal injury claim in the state must be filed within two years, however, for personal injury claims, Iowa accepts the Discovery Rule, so the statute will not begin to run until the injury is diagnosed, or when the injured person first experienced symptoms related to the injury.
Medical malpractice claims in Iowa have a two-year statute that can be extended up to six years under the Discovery Rule. For a medical malpractice claim that affects a young child, the parents can file a medical malpractice claim on behalf of the injured child anytime between the occurrence of the injury and the child’s tenth birthday.
Product liability claims in Iowa must be brought within two years after the injury, and not more than 15 years after the delivery of the product unless the product is warranted for a longer period of time. The 15-year period does not apply to a plaintiff who discovers a disease caused by a harmful material.
How Can a Skilled NEC Baby Formula Lawsuit Attorney Help Your NEC Formula Lawsuit?
If you have determined—with the help of your NEC baby formula lawsuit attorney from Sullo & Sullo—that an NEC baby formula lawsuit is in your family’s best interests, we can help you through the process in the best way possible. NEC in newborns is very frightening to parents and can potentially be severe, even fatal. Because the manufacturers of cow’s milk-based formulas did not warn parents of the potential risks of feeding a premature newborn these formulas, they are responsible for damages. These companies need to be held accountable and made to warn parents and healthcare providers of the potential risks associated with their formulas. If you reside in any of the following areas in Iowa, you could benefit from speaking to an experienced NEC baby formula lawsuit lawyer as soon as possible.
Des Moines, Iowa
Cedar Rapids, Iowa
Sioux City, Iowa
Davenport, Iowa
Ames, Iowa
Council Bluffs, Iowa
Waterloo, Iowa
Waterloo, Iowa
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.
