Texas Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
Understanding Necrotizing Enterocolitis Causes If your newborn has been diagnosed with necrotizing enterocolitis, this is, understandably, a very difficult time for you. Necrotizing enterocolitis, or NEC, is a serious intestinal disease that strikes newborns, especially those that are born prematurely. Necrotizing enterocolitis inflames the intestines and can, in severe cases, be fatal. In some cases of necrotizing enterocolitis, parts of the intestines can be necrotic, requiring removal.
As many as one in every 2,000 to 4,000 premature infants will be diagnosed with NEC, making it one of the most common gastrointestinal emergencies for preterm infants. Research done as far back as 1990 found evidence to suggest that when a pre-term infant is fed a cow’s milk-based formula, necrotizing enterocolitis could result. A cow’s milk-based formula, fed to a newborn, along with the following causes can result in necrotizing enterocolitis:
Premature babies are significantly more likely to develop necrotizing enterocolitis than full-term babies.
Healthy, full-term babies are unlikely to develop necrotizing enterocolitis.
Premature babies are those that are born before the 37th week and those born before the 32nd week are even more likely to be diagnosed with NEC.
Weight is also a factor; babies that weigh less than three-and-a-half pounds at birth are significantly more likely to be diagnosed with necrotizing enterocolitis.
Babies who are exclusively fed breast milk are at a much lower risk of developing necrotizing enterocolitis.
Since the 1990 study, there have been additional studies that linked cow’s milk-based formulas to necrotizing enterocolitis.
The belief is that bovine-based baby formulas irritate an already underdeveloped digestive system, causing intestinal inflammation and even perforations in the intestine in more serious cases.
The research is backed up by anecdotal evidence from parents and medical professionals who have seen that when a premature baby is fed a bovine-based formula, NEC can result. Even when a breastfed baby is fed a bovine-based fortifier to help the baby gain weight, NEC can result.
The major manufacturers of baby formula are Mead Johnson and Abbott Laboratories, with an 80 percent share in the baby formula market. Similac and Enfamil are well-known brands that are manufactured by Mead and Abbott. Most hospitals use these two brands of baby formula, yet there are no warnings offered by the manufacturers about the potential risks of feeding these formulas to a premature baby.
What Are the Signs and Symptoms of Necrotizing Enterocolitis?
If your baby has tender spots on his or her tummy, the tummy is red, bright pink, or purple in color, and there are tender spots on the tummy, your baby’s doctor may suspect necrotizing enterocolitis. If a mass is felt in the tummy, an intestinal perforation may have occurred. If an X-ray reveals small bubbles in the wall of the intestine, necrotizing enterocolitis is likely. If an X-ray reveals air or gas in the large liver veins, bacteria in the wall of the bowel could be responsible. Other common symptoms of NEC include the following:
An inability to properly digest food
Diarrhea, sometimes containing blood
Lethargy
Vomiting green liquid
Abnormal temperature or the inability to maintain normal a temperature
Episodes of apnea, a temporary stop in breathing
Episodes of low heart rate
A drop in blood pressure
Weak pulse
Fluid in the abdominal cavity
Infection in the tissue lining of the stomach
Difficulty breathing
Jaundiced appearance
Necrotizing enterocolitis can be treated medically or surgically, depending on the severity of the disease. If an X-ray indicates there are perforations or necrotic portions of the intestine, your baby may be required to undergo surgery to remove those dead intestinal pieces. During the surgery, damaged portions of the intestines that are seen may be left in the hope they will heal. The goal will be to leave as much of the intestine behind as possible. The surgeon would then go in a few days later to determine whether the damaged intestine has fully healed, or whether it has died and needs to be removed.
Medical treatments for necrotizing enterocolitis involve the cessation of oral feedings and giving the baby nutrients and liquids through an IV. A nasogastric tube may be placed to suction air and fluids from the baby’s stomach and intestine to relieve swelling and discomfort. Antibiotics may be given, either for an existing infection or to prevent a potential infection.
In some cases, the swelling of the baby’s abdomen interferes with the baby’s breathing, and a ventilator or oxygen could be required. In particularly severe cases of NEC, platelet and red blood cell transfusions may be required. Severe cases of necrotizing enterocolitis can turn into NEC Totalis, which is an aggressive form of necrotizing enterocolitis that can sometimes result in death. NEC Totalis involves both the small and the large intestines.
What Are the Potential Benefits of Necrotizing Enterocolitis Baby Formula Lawsuits?
Your best option, should you be considering an NEC baby formula lawsuit, is to speak with an experienced NEC baby formula lawsuit attorney who can comprehensively assess your situation. The two primary reasons to file a Similac and Enfamil lawsuit are to hold these large baby formula manufacturers accountable for failure to warn parents and medical professionals of the risks of NEC as well as to help you pay the medical expenses for your child (current and future) In some cases, children with NEC may have long-term effects from the disease, therefore, the medical expenses could be significant.
How the New York NEC Statute of Limitations Could Affect Your NEC Baby Formula Lawsuit
Statutes of limitations are set by each individual state, providing the window of time the plaintiff has to bring a lawsuit against the negligent party. Generally speaking, if you exceed these statutes, you will be forever barred from bringing your lawsuit. Depending on the state, there may be certain exceptions attached to specific types of lawsuits. These exceptions include the Discovery Rule. If you did not discover your injury within the statute of limitations and another person, given the same set of circumstances would not have reasonably discovered the injury, the Discovery Rule can give you additional time to file your lawsuit.
The other exception is known as the statutes of repose, usually used in conjunction with product liability claims, but also in medical malpractice claims in some states. If your baby was harmed after being fed a cow’s milk-based formula that caused necrotizing enterocolitis, it is extremely important that you are aware of the statutes of limitations in your state. Having a knowledgeable NEC baby formula lawsuit attorney who can correctly interpret the statutes in your state is essential for a successful baby formula lawsuit. In the state of Texas, the following statutes apply:
Personal injury lawsuits in the state of Texas have a statute of limitations of two years from the date of the accident. The Discovery Rule does not apply to personal injury lawsuits in the state of Texas.
Wrongful death claims in the state also have a two-year statute of limitations, with no Discovery Rule applicable.
The statute of limitations for product liability lawsuits is usually two years from the date of the harm or injury, however, Texas does incorporate a statute of repose that specifies a window of time from the date the product is first sold. In most instances, the statute of repose is fifteen years.
Texas has a two-year statute of limitations for medical malpractice lawsuits but also incorporates a ten-year statute of repose for medical malpractice lawsuits. No medical malpractice lawsuit can be filed if more than ten years have passed since the alleged error, act, or omission occurred, regardless of when that mistake was discovered.
How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?
If your premature baby has developed necrotizing enterocolitis, it is extremely important that you consult a knowledgeable NEC baby formula lawsuit attorney from Sullo & Sullo. Our attorneys will help you determine whether a Similac and Enfamil lawsuit is right for you and your family, and if so, how to proceed. We can answer all your questions, and ensure that you do not exceed the Texas statutes of limitations. If you live in one of the following areas in Texas, contact a skilled NEC baby formula lawsuit attorney today.
Houston, Texas
San Antonio, Texas
Dallas, Texas
Austin, Texas
Fort Worth, Texas
El Paso, Texas
Arlington, Texas
Corpus Christi, Texas
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.
