New Mexico Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
How Could a Necrotizing Enterocolitis Lawsuit Benefit You? If your newborn developed necrotizing enterocolitis, you may have thought at the time that it was simply chance. Unfortunately, this is not always the case. Necrotizing enterocolitis is an intestinal disease seen among newborns, particularly pre-term newborns or babies of low birth weight. While approximately one in every 2,000-4,000 premature infants will be diagnosed with NEC, there is one caveat—babies fed bovine-based formulas are significantly more likely to be diagnosed with necrotizing enterocolitis.
In fact, studies—one going as far back as the 1990s—have consistently found that necrotizing enterocolitis is much more likely to occur among infants fed a cow’s milk-based formula. Premature babies are often fed these bovine-based formulas as a means of helping them put on weight as quickly as possible and catch up with their full-term peers. Babies may be exclusively fed a bovine-based formula or may be fed these formulas in conjunction with breast milk as a “fortifier.” Full-term, healthy babies rarely develop necrotizing enterocolitis, and babies exclusively fed breast milk also rarely develop necrotizing enterocolitis.
The major manufacturers of bovine-based baby formulas are Abbott Laboratories and Mead Johnson, which hold as much as 80 percent of the baby formula market. Enfamil and Similac are the two major brands associated with these manufacturers. These formula brands are often used in hospitals and even sent home with parents. Yet decades ago, NICU nurses, doctors, and researchers noticed a link between cow’s milk-based formulas and the development of necrotizing enterocolitis.
Today’s research stands behind the 1990 research, concluding that premature infants fed bovine-based formulas or fortifiers are two to ten times more likely to develop necrotizing enterocolitis than babies that are exclusively fed breast milk. The World Health Organization found clear and consistent evidence in 2006 that babies exclusively fed breast milk were much less likely to develop necrotizing enterocolitis. The theory is that the underdeveloped digestive system of a premature baby can become inflamed and develop holes in the intestine when fed a cow’s milk-based formula.
Because large manufacturers of bovine-based formulas failed to properly warn parents and medical professionals about the risks associated with these formulas, especially when given to a premature infant, they are being sued. Discussing whether you could benefit from filing a baby formula lawsuit with an experienced NEC baby formula lawsuit attorney is essential to determine what steps you should take. There is currently an Illinois MDL with 122 plaintiffs, with more expected in the coming months.
NEC is relatively common in neonatal intensive care units. Surgical treatment can be necessary when portions of the intestine become necrotic. The goal of the surgeon will be to leave as much of the intestine as possible, so damaged portions may be left in the hope those portions will heal. The more intestine that is removed, the more likely the infant will have additional problems related to the NEC, possibly for life.
What Are Symptoms of NEC in Infants?
There are a number of NEC signs and symptoms. While your baby may not have every symptom it is likely the baby will have a tender, distended stomach that may be red, bright pink, or purple-colored. The baby may have diarrhea or bloody bowel movements or could be constipated as a result of the NEC. The baby could vomit green bile or could have any of the following symptoms.
Lethargy
Sluggish behavior
Periods of apnea (stopping breathing)
A low heart rate and low blood pressure
Symptoms of jaundice
Feedings remain in the stomach rather than digesting as normal
Abnormal temperature or the inability to maintain a normal temperature
A weak pulse
Fluid in the abdominal cavity
Infection in the tissue lining of the stomach
Difficulty breathing
Symptoms of NEC usually develop within the first few weeks of the infant’s life—rarely once the baby has reached four weeks of age. The baby’s doctor will examine the infant, looking for the above symptoms. If an X-ray of the abdomen shows bubbles in the intestine, necrotizing enterocolitis is likely. Air may be found outside the intestine or in the abdomen, and there may be signs of air or gas in the large vein of the liver.
For relatively mild cases of NEC, the following medical treatments may be appropriate:
A nasogastric (NG) tube from the nose to the stomach to keep the stomach empty.
The cessation of all oral feedings for 5-7 days
IV fluids for nutrition and fluid replacement
Antibiotics
Frequent X-rays to monitor the NEC disease progress
Isolation procedures
Extra oxygen or mechanically assisted breathing could be implemented
If the NEC is more severe and has resulted in perforations in the intestine, surgery will be necessary to remove the necrotic portions of the intestine. In some cases, the intestine may be connected to an abdominal opening until it can be reconnected once the baby’s health has improved. Severe cases of NEC where large amounts of the intestine are removed are much more likely to result in adverse long-term effects for the child.
Can There Be Long-Term Effects of Necrotizing Enterocolitis?
Although most infants will recover from NEC and go on to live a normal, full life, others may have long-term issues associated with necrotizing enterocolitis. Infants who require surgical interventions for their necrotizing enterocolitis may develop narrowing and scarring of the bowel. This could lead to blockages or obstruction in the intestine. In some cases, an infant will develop NEC Totalis—the most severe form of necrotizing enterocolitis, which is often fatal.
The short-term complications of necrotizing enterocolitis include failure to thrive, infection, and sepsis. Those that survive severe NEC may have the following long-term effects:
Neurodevelopmental delays are often seen among children who required NEC surgery as an infant. The child may not reach normal milestones and may have cognitive impairments, cerebral palsy, psychomotor impairments, hearing and vision issues, and failure to thrive.
Short gut syndrome can occur when a significant portion of the intestine has been removed. Short gut syndrome leaves the baby unable to absorb crucial nutrition. A feeding tube and IV may be required.
Liver disease can be seen in infants fed for a prolonged period through a feeding tube and IV.
Intestinal strictures can be caused by intestinal scarring
The inability to properly absorb nutrition from food can keep a child that had NEC as an infant from normal growth and health.
How the New Mexico NEC Statute of Limitations Could Affect Your Similac and Enfamil Lawsuit
The civil statute of limitations sets a window of time in which a civil lawsuit must be filed. In most cases, when this statute of limitations has been exceeded, the plaintiff may not bring a civil suit against the negligent party. Each state sets its own statutes of limitations, which range from one year to more than twelve when the statutes of repose are factored in. There are certain exceptions in some states. The Discovery Rule can extend the amount of time based on when the injury was discovered, or when it should have reasonably been discovered.
The statute of repose can extend the amount of time allowed, usually in the case of product liability claims. It is extremely important that you are aware of the statute of limitations in your state as it applies to your necrotizing enterocolitis lawsuit. Speaking to a knowledgeable NEC baby formula lawsuit attorney is the very best way to ensure you do not exceed your window of time. In the state of New Mexico, the statutes of limitations are as follows:
Personal injury claims are allowed three years from the date of the accident that caused your injuries. The Discovery Rule does apply in the state, giving you extra time beginning from the date you discovered the injuries or harm or from the date a reasonable person would have discovered the injuries or harm.
Wrongful death claims in the state of New Mexico also have a statute of limitations of three years, however, the Discovery Rule does not apply to wrongful death claims, making that three years absolute.
Medical malpractice claims in the state must be filed within three years; the Discovery Rule does not apply to “qualified healthcare providers,” in the state, meaning those who sign up and comply with the insurance requirements established under the Medical Malpractice Act.
A product liability claim must be brought within three years from the date the plaintiff discovered the injuries, or three years from the date the plaintiff should have reasonably discovered the injury, potentially extending the statutes in these cases. There is no statute of repose in the state of New Mexico.
What Are the Benefits of Speaking to a Knowledgeable NEC Baby Formula Lawsuit Attorney?
If your infant developed necrotizing enterocolitis after being fed a bovine-based formula, you may want to consider a Similac and Enfamil lawsuit. It can be beneficial to speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo before you make a determination as to whether a baby formula lawsuit is right for you. If you live in the following areas, you need to speak to a highly skilled attorney who will comprehensively assess your specific situation and help you decide on the best thing to do for your family’s future.
Albuquerque, New Mexico
Las Cruces, New Mexico
Rio Rancho, New Mexico
Enchanted Hills, New Mexico
Santa Fe, New Mexico
Roswell, New Mexico
Farmington, New Mexico
South Valley, New Mexico
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.
