Pennsylvania Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
What Are the Causes of Necrotizing Enterocolitis? Unless your own infant has been diagnosed with necrotizing enterocolitis, you may not even be aware of what it entails. Necrotizing enterocolitis is a relatively common gastrointestinal emergency in newborns, particularly among premature newborns. About one in every 2,000-4,000 premature infants will be diagnosed with NEC. Full-term babies are rarely diagnosed with necrotizing enterocolitis. Babies born before the 37th week, and especially those born before the 32nd week with a low birth weight are much more likely to develop NEC than full-term babies.
While all these issues contribute to the likelihood of an infant developing necrotizing enterocolitis, there is another issue that is relatively preventable. Babies who are exclusively breastfed are unlikely to develop NEC. Yet premature babies are often fed a cow’s milk-based formula either solely or in conjunction with breast milk as a means of helping the infant gain weight and catch up to his or her full-term peers. One study goes as far back as the 1990s, concluding that premature infants that are fed a cow’s milk-based formula are six to ten times more likely to develop necrotizing enterocolitis.
More recent literature concludes that premature infants fed bovine-based formulas or fortifiers are two to ten times more likely to develop necrotizing enterocolitis. When these bovine-based formulas are fed to premature newborns that already have an underdeveloped digestive system, the intestines become inflamed, potentially developing perforations. Similac and Enfamil are the two biggest brands of baby formula in the United States and are manufactured by Abbott Laboratories and Mead Johnson. These two manufacturers produce almost 80 percent of the $4 billion-a-year baby formula market. Most hospitals use Similac and Enfamil, even sending these formula brands home with parents.
What is Intestinal Rehabilitation?
The process by which a damaged intestine is gradually restored to “normal,” includes allowing it to digest food and absorb nutrients normally. Intestinal rehabilitation is accomplished slowly, through medications, diet, and in some situations, surgical intervention. Intestinal rehabilitation can heal a compromised or short bowel so the individual can return to normal eating. IV nutrition and fluids are given until the intestine has recovered and is functioning properly. IV nutrition is extremely targeted to help minimize liver disease and maintain normal growth.
Nutritional and gastrointestinal care will be specific to your baby’s needs and the severity of the necrotizing enterocolitis. The intestinal rehabilitation of your baby will be carefully monitored, with newer surgical procedures potentially implemented to increase intestinal function with the goal of improving your baby’s development and growth. One surgical procedure is called a serial transverse enteroplasty which reshapes the small intestine, increasing the length of the intestine to create better absorption in the intestine.
Should You File an NEC Baby Formula Lawsuit?
If your baby received an NEC diagnosis after being fed a bovine-based formula, you may want to consider a Similac and Enfamil lawsuit. Is such a lawsuit right for you? The answer to that question will depend on the facts and circumstances related to your baby’s necrotizing enterocolitis diagnosis. Speaking to a knowledgeable NEC baby formula lawsuit attorney that has the necessary skills to comprehensively evaluate your specific situation is your best course of action.
While major manufacturers of baby formula like Mead and Abbott are aware of the fact that when a cow’s milk-based formula is fed to a premature infant NEC can occur. These manufacturers did nothing to warn parents and medical professionals of this risk, so should be held liable. 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 stay in the hospital, along with long-term NEC issues, can cost a significant amount of money that a settlement could help with. 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.
How the Pennsylvania NEC Statute of Limitations Could Affect Your Similac Lawsuit
Each state in the United States sets its own statute of limitations, which are windows of time in which a civil lawsuit for damages must be filed. If a civil lawsuit is not filed within the allotted amount of time, you could be forever barred from filing the lawsuit for the harm or injury you suffered as a result of another’s negligence. The statutes of limitations are absolute—although some states do incorporate certain exceptions. The Discovery Rule is one such exception.
The Discovery Rule allows those who did not discover their injury within the time allowed under the statute to have extra time once they discover—or should reasonably have discovered—the injury. Because the statutes of limitations can be complex, it is essential that you speak to a knowledgeable NEC baby formula lawsuit attorney who can more accurately determine when the statute of limitations in your state will run. In the state of Pennsylvania, the following statutes of limitations apply:
Wrongful death lawsuits must be filed in the state of Pennsylvania within two years. The Discovery Rule does not apply to wrongful death lawsuits in Pennsylvania, making the two-year statute absolute.
Personal injury lawsuits also have a two-year statute of limitations, however, for personal injury lawsuits the Discovery Rule does apply. When the plaintiff is reasonably unaware that his or her injury is the result of another person’s negligence, the statute is tolled until that injury is discovered.
Medical malpractice claims in the state of Pennsylvania have two years to file a lawsuit beginning from the time the medical malpractice was first discovered or should have reasonably been discovered. The two-year window of time begins when the proper diagnosis is given or discovered, but does not require that the victim is aware of the malpractice or misdiagnosis for the timetable to begin. The statute of repose also applies in medical malpractice cases, stating that a medical malpractice cause of action cannot be filed more than seven years from the date of the medically negligent action.
Product liability claims in the state of Pennsylvania have a two-year statute of limitations, however, this statute is subject to the Discovery Rule, with the Discovery Rule applying when the defect in the product was fraudulently concealed. The twelve-year statute of repose in the state of Pennsylvania only applies to defective real estate improvements, so is not applicable in a baby formula lawsuit.
Can a Knowledgeable NEC Baby Formula Lawsuit Attorney Help?
It can be a difficult decision as to whether you should file an NEC formula lawsuit after your baby developed necrotizing enterocolitis. It can be important to hold the manufacturers of baby formulas accountable for failure to warn parents and healthcare professionals about the potential risks of cow’s milk-based formulas when fed to premature infants. NEC can be extremely serious, even fatal in some cases, and can cause long-term health issues for many NEC infants.
It can be extremely beneficial for you to speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo. We can help you determine whether your family could benefit from filing a Similac and Enfamil lawsuit. If you live in any of the following Pennsylvania locales, contact us today for a comprehensive review of the facts and circumstances surrounding your infant’s necrotizing enterocolitis.
Philadelphia, Pennsylvania
Pittsburgh, Pennsylvania
Allentown, Pennsylvania
Erie, Pennsylvania
Bethlehem, Pennsylvania
Reading, Pennsylvania
Scranton, Pennsylvania
Lancaster, Pennsylvania
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.
