Oregon Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
What is NEC in Newborns? NEC is a gastrointestinal disease seen in newborns, particularly in premature newborns. A premature infant is one born before the 37th week. These infants are at a higher risk of developing NEC because of their underdeveloped digestive systems. Babies born before the 32nd week, or those that weigh less than 3.5 pounds at birth have the highest risk of developing NEC. Babies with necrotizing enterocolitis have severe inflammation in their intestines, sometimes causing perforations or holes. When this occurs, bacteria can spill into the abdomen or the bloodstream, potentially causing serious infection.
Babies who are exclusively breastfed are unlikely to develop NEC, while those who are fed bovine-based formulas, either solely, or in conjunction with breast milk are at a much higher risk for necrotizing enterocolitis. Babies who develop NEC usually do so between the fourth day and four weeks—typically around two weeks. Bovine-based baby formulas have been in use since the late 19th century. Both formulas and fortifiers use cow’s milk, and these formulas or fortifiers are often added to breast milk to boost a premature baby’s weight.
Researchers have studied the potential links between necrotizing enterocolitis and cow’s milk-based formulas given to premature infants for decades now. NICU nurses and doctors have also noticed the link anecdotally. Today’s literature concludes that premature infants fed these bovine-based formulas or fortifiers are two to ten times more likely to develop necrotizing enterocolitis. The theory is that the underdeveloped digestive systems of premature babies are unable to handle bovine-based formulas which cause severe inflammation of the intestines.
Two of the largest baby formula manufacturers—Mead Johnson and Abbott Laboratories—manufacture about 80 percent of all baby formula in the United States. Their brands, Similac and Enfamil, have been the dominant formula brands for more than five decades, and are the most-used brands in hospitals. Unfortunately, Mead and Abbott have never warned parents or health professionals of the potential risks associated with these formulas.
Despite the numerous studies that have found these cow’s milk-based formulas to be a significant risk to premature newborns, the manufacturers have failed to reveal those risks. As a result, there are many lawsuits filed against formula manufacturers because of this failure to warn. If your premature infant developed NEC as a result of being fed a cow’s milk-based formula, it can be extremely helpful to speak to an NEC baby formula lawsuit attorney.
What Are the Signs and Symptoms of Necrotizing Enterocolitis?
Your infant may have suddenly become unwilling to eat and may have tender spots in his or her stomach, a distended stomach, and discolorations in the tummy area. The baby may be fussy, or very lethargic. You may notice constipation or diarrhea, sometimes with blood in the stool. The doctor may even feel a mass in your baby’s belly, indicating an intestinal perforation.
X-rays will be taken to determine whether the abdominal walls are inflamed. If small bubbles are seen in the wall of the intestine, necrotizing enterocolitis is likely the cause. In some cases, air or gas may show up in the large liver vein. This air or gas is produced by bacteria in the wall of the bowel.
Some babies may vomit green bile, have significant heart rate changes, abnormal breathing patterns, short periods of time when the breathing momentarily stops (apnea), or have a low temperature. Low blood pressure, metabolic acidosis, and a jaundiced appearance are also NEC signs and symptoms. If there is no perforation of the intestine, oral feedings may be temporarily halted.
Nutrients and liquids will be administered through an IV, and, in some cases, a nasogastric tube may be placed, extending from the nose to the stomach to relieve swelling and discomfort by suctioning air and fluids from the baby’s stomach and intestines. Antibiotics may be given to combat an existing infection or to prevent an infection.
If your baby’s abdominal swelling interferes with breathing, oxygen may be administered, or the baby could be placed on a ventilator. In severe cases of NEC, platelet and red blood cell transfusions may be necessary. When there is a perforation in the intestine, surgery will be required to remove the necrotic portions of the intestine.
How the Oregon NEC Statute of Limitations Could Affect Your NEC Formula Lawsuit
The statutes of limitations are windows of time set by each state which determine how long an injured plaintiff has to bring a civil lawsuit. This time limit may vary according to the type of lawsuit—medical malpractice, wrongful death, product liability, or personal injury. There are certain exceptions to the statutes (in some states, and for some types of lawsuits), known as the Discovery Rule and the statutes of repose. The Discovery Rule allows for extra time when an individual was unaware that the injury or harm was the result of another person’s negligence or a defective or dangerous product.
The “reasonableness” of that inability to connect injury or harm to another person or product will come into play, as the statute generally states “when the injury was discovered or should reasonably have been discovered.” The statutes of repose generally apply to product liability claims, or, in some instances, wrongful death claims. The statutes of limitations and the potential exceptions can be extremely complex and can benefit significantly from speaking to an experienced NEC baby formula lawsuit attorney. In the state of Oregon, the statutes of limitations include:
Personal injury lawsuits in the state of Oregon have a two-year statute of limitations from the date the injury is discovered. The Discovery Rule applies when the cause of the injury or harm was not immediately apparent and would not have been apparent to another reasonable individual.
A medical malpractice lawsuit must be filed within two years of the date the injury was discovered—or should reasonably have been discovered. In situations where an individual discovers the real cause of the injury or harm (and that cause is the negligence of a medical professional) then the statute can be adjusted to two years from the time the injury or harm should reasonably have been tied to the negligence of the medical professional. Even in situations where the Discovery Rule can reasonably be applied, no claim for medical malpractice can be brought more than five years after the incident of negligence, regardless of when the cause is discovered.
A wrongful death lawsuit in Oregon has a statute of limitations of three years, however, there is a notice requirement as soon as a year following the wrongful death.
A product liability claim has a two-year statute of limitations in Oregon. Oregon has a statute of repose of ten years after the date of the product’s purchase or the expiration of the statute of repose in the state of manufacture.
Getting the Help You Need from an NEC Baby Formula Lawsuit Lawyer
When your baby is sick, it is difficult to think of anything other than doing everything in your power to help them get well. You may not think a baby formula lawsuit is something you have the bandwidth for, yet there can be many different benefits for your baby and your family from filing a Similac lawsuit. The medical expenses for an infant with necrotizing enterocolitis can be significant and can potentially be long-term. The other issue associated with a baby formula lawsuit concerns the failure to warn parents and medical professionals of the risks of bovine-based baby formulas by large baby formula manufacturers like Mead Johnson and Abbott Laboratories.
It is essential that these manufacturers be held accountable for their failure to warn. It can be beneficial for you to speak to a knowledgeable NEC baby formula lawsuit attorney from Sullo & Sullo, who can discuss your options with you, handling all the details of your Enfamil lawsuit should you decide such a lawsuit is in your best interests. If you reside in any of the following Oregon locales, contact a Sullo & Sullo NEC baby formula lawsuit attorney.
Portland, Oregon
Eugene, Oregon
Salem, Oregon
Gresham, Oregon
Hillsboro, Oregon
Beaverton, Oregon
Bend, Oregon
Medford, Oregon
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.
