Rhode Island Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
What is Necrotizing Enterocolitis in Infants? Parents of newborns that have developed necrotizing enterocolitis are, understandably, anxious and concerned regarding the outcome of this gastrointestinal disease. Necrotizing enterocolitis is a very serious illness, most commonly seen among premature babies fed cow’s milk-based formulas. Multiple medical studies have shown a clear link between cow’s milk-based baby formula and necrotizing enterocolitis.
Babies born before the 37th week are much more likely to be diagnosed with necrotizing enterocolitis, and those born before the 32nd week have an even greater risk. Babies that are full-term and healthy, and those that are fed only breast milk are much less likely to be diagnosed with necrotizing enterocolitis. It is believed that bacteria from the bovine-based formulas may infect the underdeveloped digestive systems of premature infants, causing infection, even perforations in the intestines of these premature infants.
When an infant’s intestines perforate, digestive fluids and fecal matter can leak into the abdomen, resulting in sepsis. In some cases, this can be fatal. Yet despite the known risks, many premature babies are routinely given a cow’s milk-based formula in the hospital, either as a supplement to breast milk or as their sole source of nutrition.
The goal is to help premature babies gain weight quickly so they can catch up to their full-term peers. While there are different brands of bovine-based formulas, the largest manufacturers are Abbott and Mead Johnson who manufacture Enfamil and Similac. The implicated cow’s milk-based formulas manufactured by these two companies include:
Similac Alimentum and Alimentum Expert Care, Similac NeoSure, Similac Human Milk Fortifier powder and concentrated liquid, Similac Special Care, Similac Liquid Protein Fortifier, Similac Special Care 20, Similac Special Care 24, Similac Special Care 24 High Protein, Similac Special Care 30, Similac Human Milk Fortifier Hydrolyzed Protein—Concentrated Liquid
Enfamil Human Milk Fortifier Acidified Liquid (and powder), Enfacare Powder, Enfamil Premature 20 Cal, Enfamil NeuroPro Enfacare, Enfamil Milk Fortifier Liquid Standard Protein, Enfamil Human Milk Fortifier Liquid High Protein, Enfamil Premature 24 Cal, Enfamil Premature 24 Cal HP, Enfamil Premature 30 Cal, Enfamil 24 DHA and AR Supplement
While there have been no recalls by the FDA of these formulas that can potentially cause NEC in infants, Mead Johnson and Abbott Laboratories knew or should have known of the issues based on studies done recently, as well as those done more than thirty years ago. If your baby was fed cow’s milk-based formulas like Similac and Enfamil while at the hospital, then developed NEC, you may benefit from speaking to a knowledgeable NEC baby formula lawsuit attorney.
What Are the Signs and Symptoms of Necrotizing Enterocolitis?
As the parent of an infant with necrotizing enterocolitis, you may have been the first to notice that something was not quite right with your baby. Perhaps the baby began showing less interest in eating or became extremely lethargic. Other common symptoms of necrotizing enterocolitis include the following:
A tender, red, or swollen belly
Difficulty feeding
Constipation, diarrhea, or dark, bloody stools
Jaundiced appearance
A lower-than-normal or unstable body temperature
Pauses in breathing
Vomiting green bile
A slowed heart rate
A lower-than-normal blood pressure
Difficulty breathing
Symptoms of NEC may vary from one baby to another. While there is no single cause of necrotizing enterocolitis, what we do know is that full-term, healthy babies are virtually never diagnosed with NEC, nor are those who are exclusively breastfed. The underdeveloped digestive system of premature babies is likely the underlying cause of NEC, however, when a premature baby is fed a cow’s milk-based formula, the risk of that baby developing NEC increases. Heavy growth of bacteria in the intestines that erodes the intestinal wall, and too little oxygen or blood flow to the intestines at birth or later have both also been noted as “causes” of NEC.
Should You File a Baby Formula Lawsuit?
Parents across the United States are now filing baby formula lawsuits after their premature infant was fed a cow’s milk-based formula, then developed necrotizing enterocolitis. The underdeveloped digestive system in premature babies is adversely affected by these formulas. Abbott and Mead manufacture Enfamil and Similac—the most widely recognized and used baby formulas on the market.
There is evidence to suggest that the manufacturers of these formulas were well aware of the risk the formula posed to premature infants. Baby formula manufacturers have largely ignored the research and have failed to warn parents and medical professionals about the risks. In some cases, the baby’s intestines may become so inflamed that NEC Totalis results. NEC Totalis is an aggressive form of necrotizing enterocolitis that affects both the large and small bowel and can sometimes result in death.
Speaking to an experienced NEC baby formula lawsuit lawyer about a potential Enfamil lawsuit can help you deal with the costs associated with long-term health issues resulting from NEC. These issues may include short bowel syndrome, intestinal strictures, and malabsorption of nutrients. An experienced NEC baby formula lawsuit lawyer from Sullo & Sullo can comprehensively examine the facts of your baby’s NEC, then guide you through the process of a necrotizing enterocolitis lawsuit.
How the Rhode Island NEC Statute of Limitations Could Affect Your Similac and Enfamil Lawsuit
The statutes of limitations are set by each state to govern the amount of time a plaintiff has to file a civil action against the negligent party. While these statutes of limitations are fairly absolute, some states have certain exceptions to these statutes. The Discovery Rule is one such exception, although it is not recognized in every state, or for every type of civil claim (personal injury, wrongful death, medical malpractice, or product liability).
The Discovery Rule holds that when an injury or harm was not discovered until after the statute has run, and when a reasonable person would not have discovered the injury or harm, that extra time may be allowed. Some states also incorporate statutes of repose, typically for product liability claims. It can be difficult for a layperson to correctly interpret the many nuances of the statutes of limitations. Because of this, it is extremely important that you have a strong NEC baby formula lawsuit attorney by your side, who can ensure you do not exceed your state’s statutes of limitations.
Personal injury claims in the state of Rhode Island have a three-year statute of limitations. The Discovery Rule applies, allowing the victim of injury or harm to file a lawsuit from the date the individual knew—or should have reasonably known—about the harm or injury, rather than three years from the date of the accident.
A wrongful death claim in Rhode Island has a three-year statute of limitations, however, under the Discovery Rule, if the wrongful act that caused the death could not reasonably be known on the date of the death, the claim may be filed within three years of the date on which the wrongful act was discovered.
A medical malpractice claim in the state of Rhode Island must be filed within three years of the date that the malpractice occurred. The Discovery Rule applies to medical malpractice cases where the injured party could not reasonably have learned that an act of medical negligence caused the injury or harm. When the Discovery Rule applies, you have the burden of proving you did not discover—and could not have reasonably discovered—the medical malpractice any sooner than you did.
A product liability claim in Rhode Island must be filed within three years, although when the Discovery Rule is implemented, the statute begins to run when the injured party discovers or should have discovered that the injury was caused by the product.
Why You Should Speak to an NEC Baby Formula Lawsuit Attorney
It can be very beneficial for you to speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo if your infant developed necrotizing enterocolitis after being fed a cow’s milk-based formula. We will thoroughly assess the specific facts and circumstances surrounding your infant’s NEC. The severity of the disease, along with whether your baby will have long-term effects from the necrotizing enterocolitis can help determine whether you could benefit from a Similac lawsuit. If you live in any of the following Rhode Island locales, our attorneys can help you make the best decision for your family.
Providence, Rhode Island
Warwick, Rhode Island
Cranston, Rhode Island
Pawtucket, Rhode Island
East Providence, Rhode Island
Woonsocket, Rhode Island
Coventry, Rhode Island
Cumberland, Rhode Island
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.
