Montana Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
What You Must Know About Necrotizing Enterocolitis in Infants Premature infants that are fed a bovine-based formula are at a greater risk of developing necrotizing enterocolitis. The risks increase when a baby is born before thirty-two weeks, or weighs less than three and a half pounds. As far back as the 1990s, studies found that feeding premature infants these cow’s milk-based formulas could contribute to the development of an intestinal disease known as necrotizing enterocolitis or NEC. Necrotizing enterocolitis is very serious and can potentially result in death.
As one of the most common gastrointestinal emergencies among newborns—especially premature newborns, NEC causes inflammation in the intestines. Infants who do not have holes or perforations in their intestines from NEC will likely have food withheld for a week or so to allow the intestine to heal. Once healed, the baby should be fed breast milk exclusively or another type of formula, like a soy-based formula. Babies with more serious cases of NEC will have to have surgery for perforations in the intestine. A surgeon will go in and remove the dead parts of the intestine.
Since the more intestine that is left, the less likely the child will have long-term issues associated with NEC, the surgeon may leave tissue that is simply damaged, but not necrotic. A few days later, the surgeon may go back in to determine whether the damaged portions of the intestine are healing. Since premature babies who are exclusively breastfed rarely develop necrotizing enterocolitis, and since research backs up the potential risks of bovine-based formula when fed to a premature infant, the manufacturers should provide warnings to parents and hospitals.
Because no warnings are provided, many parents of children who had necrotizing enterocolitis have chosen to enter into an NEC baby formula lawsuit that will hold these manufacturers responsible for the injuries and harm caused by their formulas. Because your baby may have long-term issues associated with their NEC, it can be helpful for you to speak to a knowledgeable NEC baby formula lawsuit attorney to determine whether a Similac lawsuit is right for you.
What Are the Signs and Symptoms of Necrotizing Enterocolitis?
As a parent, you may realize that something is not right with your infant even before the hospital staff does. The baby may be reluctant to eat, fussy, or lethargic. When you touch the baby’s tummy he or she may flinch from pain, and the tummy may be distended and/or discolored. Other common signs and symptoms of necrotizing enterocolitis include the following:
The inability to properly digest food
Diarrhea, sometimes containing blood
Vomiting green liquid
Abnormal temperature or the inability to maintain a normal temperature
Episodes of apnea, a temporary stop in breathing
Episodes of low heart rate
A drop in blood pressure
Weak, thready pulse
Fluid in the abdominal cavity
Infection in the tissue lining of the stomach
Difficulty breathing, sometimes requiring a ventilator or supplemental oxygen
It can be extremely frightening to see your baby so ill with necrotizing enterocolitis—especially when you learn that it could have been prevented. Premature babies are routinely fed bovine-based formulas in conjunction with breast milk, or exclusively because manufacturers of these formulas advertise they are the “closest to breast milk.” Whether this is true or not is up for debate, but these manufacturers are aware that premature babies who are fed bovine-based formula are much more likely to develop necrotizing enterocolitis.
Is Filing an NEC Baby Formula Lawsuit Right for You and Your Family?
Once you find out that your baby’s necrotizing enterocolitis could have potentially been avoided if you have been informed of the risks of a bovine-based formula when fed to a premature infant, you may be frustrated, even angry. There are currently 122 parents who are taking part in multi-district litigation (MDL) in Illinois, with many more expected to join the MDL. Your medical expenses related to your baby’s NEC are probably extremely high, even to the point of financial devastation. If your baby has long-term issues associated with NEC, your medical expenses will go on for a very long time. In addition to holding a negligent company liable for failure to warn, a settlement will help you ensure your child gets all the medical treatments they need.
How the Montana NEC Statute of Limitations Could Affect Your Similac and Enfamil Lawsuit
Each state has statutes of limitations in place that govern the amount of time you have to file a claim against the negligent party who caused your injury or harm. These statutes of limitations vary from state to state and, in some cases, according to the type of claim filed—medical malpractice, wrongful death, personal injury, and product liability. While the statutes of limitations are fairly absolute, there are certain exceptions in place that take into account situations where the injury or harm was not discovered until after the statute had run.
This is known as the Discovery Rule and may be a part of your state’s statutes of limitations. In some cases, a state may also have statutes of repose in place, usually for product liability claims. If your child was injured as a result of being fed a cow’s milk-based formula, you must be aware of the statutes of limitations in your state. Because these statutes can be complex, it can be extremely beneficial to speak to an experienced NEC baby formula lawsuit lawyer from Sullo & Sullo. The following statutes of limitations are in place for the state of Montana:
A wrongful death lawsuit in the state of Montana must be filed within three years of the time of the injury. Montana recognizes the Discovery Rule for wrongful death claims in the state, allowing the tolling to start at the time the injury is discovered, or should reasonably have been discovered.
Personal injury lawsuits in the state of Montana must be filed within three years of the date of the injury, however, the Discovery Rule can extend the amount of time you have if you did not discover your injuries were related to a specific act of negligence until after the window of time has passed.
Medical malpractice claims must be filed within three years of the date of your injury, or within three years of the date you discovered the injury, however, medical malpractice claims may not be filed after five years have passed.
Montana has a three-year product liability statute of limitations, although the Discovery Rule applies so the period of limitations does not begin to run until the injured party has discovered—or should have reasonably discovered, the injury and its cause. There is no statute of repose in the state of Montana.
Could You Benefit from Speaking to a Knowledgeable NEC Baby Formula Lawsuit Lawyer?
As the parent of an infant that developed necrotizing enterocolitis after being fed a bovine-based baby formula, you may wonder whether a Similac lawsuit is right for you. You have the right to be told of potential risks when those risks are known by the manufacturer. Since the baby formula manufacturers have refused to warn parents and hospitals of the risks, a baby formula lawsuit can hold them accountable while also helping you pay the medical expenses—both current and long-term—associated with your baby’s necrotizing enterocolitis. It can be exceptionally beneficial to speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo to explore your options.
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.
