Utah Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
Understanding Necrotizing Enterocolitis Causes There are many different causes of necrotizing enterocolitis. Some are well-known, such as when a baby is born prematurely. Babies born before the 37th week, and especially those born before the 32nd week are those most likely to be diagnosed with necrotizing enterocolitis. Premature babies are low birthweight as well, and babies that weigh less than 3.5 pounds at birth are much more likely to develop necrotizing enterocolitis. Babies born early, those who are low birth weight, and those with other types of medical issues at birth all have a much higher risk of necrotizing enterocolitis. What the baby is fed at birth can also contribute to the risk of necrotizing enterocolitis.
Babies who are solely fed breast milk have much less risk of developing necrotizing enterocolitis, while those fed a bovine-based formula—either solely or in addition to breast milk—have a much higher risk of NEC. The underdeveloped digestive systems of premature infants can be inflamed by cow’s milk-based formula, causing perforations in the intestine in some cases. There are many different brands of bovine-based formulas, however, the largest manufacturers are Abbott Laboratories and Mead Johnson whose brands Enfamil and Similac make up almost 80 percent of the market. The cow’s milk-based formulas manufactured by these two companies include the following:
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
What you may not know is that these large baby formula manufacturers have known for more than three decades that a bovine-based formula could cause necrotizing enterocolitis in premature babies. Yet there have been no warnings issued to parents or medical professionals regarding this risk. If your baby was fed a cow’s milk-based formula and then developed necrotizing enterocolitis, you could benefit from speaking to a knowledgeable NEC baby formula lawsuit attorney.
What Are the Signs and Symptoms of Necrotizing Enterocolitis?
Necrotizing enterocolitis typically strikes from three days to four weeks and can come on suddenly, with little warning. You may notice that your baby is very fussy and does not want to eat, or that the baby is very lethargic. The baby’s tummy may be red, purple, or bright pink, distended, and tender to the touch. Feeding intolerance symptoms include crying during feeding, gagging while feeding, excessive spitting up or vomiting, or excess gas. Diarrhea may occur in babies with NEC, or there could be blood in the stool.
Abdominal distention can result when fluids and gases are trapped in the abdomen, making the stomach appear larger than the rest of the body. Failure to thrive is another symptom of NEC which means the baby is not gaining weight and is extremely fussy or excessively sleepy. If the doctor suspects a feeding intolerance, the gastric residuals of the baby will be checked. If there is a high level of fluid remaining in the stomach after feeding, the baby may have a feeding intolerance. When necrotizing enterocolitis has advanced further, your baby may vomit green bile, have unusual or rapid changes in body temperature and heart rate, have periods where there is a momentary cessation of breathing, or may appear jaundiced.
What Are the Potential Benefits of Necrotizing Enterocolitis Baby Formula Lawsuits?
If your baby was diagnosed with necrotizing enterocolitis after being fed a cow’s milk-based baby formula, you may want to consider a baby formula lawsuit. Of course, the facts and circumstances associated with your baby’s necrotizing enterocolitis will determine whether you should move forward with a Similac and Enfamil lawsuit. It can be extremely helpful for you to speak with an NEC baby formula lawsuit attorney from Sullo & Sullo who can comprehensively evaluate your specific situation, answer your questions, then help you make a decision regarding an NEC lawsuit.
Mead Johnson, Abbott Laboratories, and others major baby formula manufacturers have known since the 1990s that when a bovine-based formula is fed to a premature infant, NEC could result yet failed to warn parents and medical professionals. Infants fed breast milk exclusively rarely develop necrotizing enterocolitis, yet premature babies are usually fed cow’s milk-based formulas to help them gain weight more quickly. While your baby may make a full recovery from necrotizing enterocolitis, the medical costs may be overwhelming. Some babies will have long-term effects as a result of necrotizing enterocolitis, which could bury a family in medical debt for decades. When you consider the medical costs along with the failure to warn, you may want to consider filing a baby formula lawsuit.
How the New York NEC Statute of Limitations Could Affect Your NEC Baby Formula Lawsuit
The statutes of limitations dictate the amount of time a plaintiff has to file a lawsuit for injury or harm that results from the negligence of another individual or entity, or an injury from a defective or dangerous product. Each individual state sets its own statutes of limitations, which can vary significantly from one state to the next. These statutes may even vary from one type of civil lawsuit to another, depending on whether the lawsuit is for medical malpractice, personal injury, wrongful death, or product liability. While the statutes are generally absolute, and no cause of action can be brought once the statute has run, there are certain exceptions to the statutes in some states. The first such exception is known as the Discovery Rule.
Under the Discovery Rule, a plaintiff may be granted extra time in cases where the injury or harm was not discovered within the allotted amount of time, and reasonably might not have been discovered by another person, given the same set of circumstances. Some states also have statutes of repose that allow extra time, usually in product liability lawsuits, but sometimes in medical malpractice lawsuits as well. In a product liability claim, the statute of repose can add extra time, based on when the product was manufactured, distributed, bought, or sold. If you believe you have a valid Similac and Enfamil lawsuit, it is important that you speak with a knowledgeable NEC baby formula lawsuit attorney who can help you determine your own statute of limitations. The following statutes of limitations are in place in the state of Utah:
Personal injury lawsuits have a four-year statute of limitations. The Discovery Rule applies, allowing extra time when the injury was not discovered or could not have reasonably been discovered within the allotted amount of time.
Wrongful death lawsuits in the state of Utah have a two-year statute of limitations. The Discovery Rule applies, allowing extra time when the cause of the death was not apparent.
Product liability claims must be filed within two years from the discovery of harm or injury caused by the defective or dangerous product. The Discovery Rule applies when the cause of the harm or injury was not reasonably discoverable but cannot be longer than nine years.
Medical malpractice lawsuits in the state of Utah have a two-year statute of limitations from the time the medical malpractice is discovered. The two years commence once the patient or plaintiff discovers—or should reasonably have discovered—the injury, whichever occurs first.
How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?
Having a strong, knowledgeable NEC baby formula lawsuit lawyer from Sullo & Sullo by your side can make a significant difference in the outcome of your baby’s necrotizing enterocolitis. We want to help you through this difficult time in the best way possible, ensuring your baby receives the medical care he or she needs for as long as necessary. If you reside in any of the following Utah locales, you could potentially benefit from speaking to an NEC baby formula lawsuit attorney.
Salt Lake City, Utah
West Valley City, Utah
Provo, Utah
West Jordan, Utah
Sandy Hills, Utah
Orem, Utah
Sandy, Utah
Ogden, Utah
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.
