Kansas Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
Should I Consider a Necrotizing Enterocolitis Lawsuit? If your baby developed necrotizing enterocolitis after being fed a cow’s milk-based formula, you may want to consider a baby formula lawsuit. Necrotizing enterocolitis is an intestinal disease that primarily strikes premature newborns—babies that weigh less than 4.5 pounds are at a much higher risk of developing NEC. When these preterm babies are given bovine-based formula, their immature digestive system may be unable to handle the formula, and NEC could occur. The two largest formula manufacturers are Abbott Laboratories and Mead Johnson—the makers of Enfamil and Similac.
Enfamil and Similac are the primary formulas fed by hospitals and even given to parents when they leave the hospital. Research from the 90s indicated that bovine-based formulas were a primary contributor to necrotizing enterocolitis, yet these manufacturers have not warned parents or medical personnel about these risks. The medical expenses associated with your newborn’s NEC diagnosis can be financial devastating and can benefit from a baby formula lawsuit.
If your baby’s NEC is so severe that it may cause long-term issues, these medical expenses could be even higher. Just as important, the manufacturers of the formula should be held accountable for their failure to warn. It is important to speak to an experienced NEC baby formula lawsuit lawyer regarding a potential Similac and Enfamil lawsuit to determine if it is the right step for you.
What Are the Causes of NEC in Infants?
Necrotizing enterocolitis is generally believed to be caused by the combination of a premature baby’s immature digestive system, along with feeding a bovine-based formula to the baby. While there is no single, consistent cause of necrotizing enterocolitis, experts believe the following can play a role:
The premature infant’s underdeveloped intestine
Lack of blood flow or oxygen during the birth to the intestinal tract
Being born prior to the 37th week or weighing less than 4.5 pounds
A bacterial infection of the intestine
Being fed a bovine-based formula (babies that are breastfed have a much lower risk of developing NEC)
Because NEC sometimes appears to strike several infants in the same nursery, there may be strict precautions in place that help prevent a virus from spreading. Full-term healthy babies rarely ever get NEC, although a full-term baby with a serious health problem—like a heart defect—can potentially develop NEC. Most babies who develop NEC will do so within the first 3 days to four weeks of life.
Necrotizing enterocolitis may be diagnosed through the use of an X-ray of the baby’s abdominal area. When “bubbles” or a streaky appearance of gas in the walls of the intestine appear on the X-ray, a diagnosis of NEC is likely. Babies who have a severe case of necrotizing enterocolitis could have air that escapes from the intestine and shows up in the large veins of the liver or in the abdominal cavity. Your baby’s doctor may insert a needle into the baby’s belly to withdraw fluid to see whether there is a hole or perforation in the intestine. To treat your baby, all feedings may be temporarily stopped, and a nasogastric tube could be inserted to remove fluid and air from the intestine and stomach. An IV will be placed to provide nutrition and fluids to your baby, and antibiotics may also be administered through the IV to treat or prevent infection. If there is a perforation in the intestine, surgery may be required.
What Necrotizing Enterocolitis Symptoms Are Most Common?
The most common necrotizing enterocolitis symptoms include a red, tender belly that could be distended. Your baby may experience rapid or unusual changes in his or her body temperature and changes in the baby’s heart rate. Low blood pressure may require medication to correct, and the baby may have a jaundiced appearance. Your baby may vomit green or yellow bile and have diarrhea that contains blood. The baby may seem irritable or lethargic and may refuse to eat. Apnea, or periods where the baby stops breathing is common, along with metabolic acidosis in seen in some infants.
Could Your Necrotizing Enterocolitis Lawsuit Be Affected by the Kansas Statutes of Limitations?
Statutes of limitations are windows of time in which an individual harmed or injured by negligence has to file a claim and recover a settlement for those injuries. Each state sets its own statutes of limitations which can vary significantly from state to state as well as from one type of claim to another. Whether you are considering a medical malpractice claim, a wrongful death claim, a product liability claim, or a personal injury claim related to your infant’s necrotizing enterocolitis, it can be extremely beneficial to speak to a skilled NEC baby formula lawsuit attorney who can sort out the statutes as they relate to your specific claim.
In certain cases, the Discovery Rule may apply, meaning that while the statute may be a specific number of years if the plaintiff did not discover the injury or could not have reasonably discovered the injury within the allotted time, that time may be extended. Regarding product liability claims, some states offer statutes of repose that also extends the statute of limitations based on when the product was manufactured, delivered, bought, or sold. The state of Kansas does not accept the Discovery Rule for either wrongful death claims or personal injury claims. The following statutes of limitations apply in the state of Kansas:
You have two years in the state of Kansas from the date of the death to file a wrongful death claim.
For a personal injury claim, the statute of limitations is also two years.
Medical malpractice claims must be filed within two years of the date that the act caused the injury unless the injury could not have been reasonably discovered within that time frame. In this case, the claim must be filed within four years of the date that the act caused the injury.
Product liability claims must be brought within two years after a plaintiff suffers a substantial injury from the defective or dangerous product. Product liability claims in Kansas are also subject to the Discovery Rule as well as the statute of repose. Under the Discovery Rule, the statute begins to run at the time a negligent act causes injury if the act and the resulting injury could be reasonably known by the plaintiff. The statute of repose puts a limit of ten years on any product liability claim unless the injury is the result of a harmful substance.
The Many Benefits of Speaking to a Knowledgeable NEC Baby Formula Lawsuit Lawyer
Speaking to an experienced NEC baby formula lawsuit attorney can help you determine whether a Similac lawsuit is right for your family. An attorney from Sullo & Sullo will comprehensively examine the facts and circumstances of your baby’s NEC diagnosis and treatment, determining whether the formula companies should be held responsible for failure to warn. NEC in newborns is an extremely difficult situation for the baby and parents and a baby formula lawsuit can address the financial devastation along with the lack of warning.
Your baby’s doctor may start intestinal rehabilitation to help repair the infant’s intestine, but if your baby has long-term issues associated with necrotizing enterocolitis, you could find yourself facing a lifetime of medical expenses. We can help you decide whether an NEC formula lawsuit is your best course of action. If you live in the following locales in Kansas, the Sullo & Sullo attorneys can help you with your NEC baby formula lawsuit.
Wichita, Kansas
Overland Park, Kansas
Kansas City, Kansas
Topeka, Kansas
Olathe, Kansas
Lawrence, Kansas
Shawnee, Kansas
Manhattan, Kansas
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.
