Virginia State SOLs for NEC Baby Formula Lawsuits

Understanding Necrotizing Enterocolitis Causes

There are many different causes of necrotizing enterocolitis—a disease that primarily strikes premature newborns. The number one factor in whether an infant will develop necrotizing enterocolitis (which is essentially severe intestinal inflammation that can potentially become necrotic, requiring surgery to remove the dead parts) is when the child is born prior to the 37th week, especially before the 32nd week. Premature babies are also low birthweight and may have other medical issues. Full-term babies who are healthy rarely ever have necrotizing enterocolitis.

The other major factor in whether a baby will develop necrotizing enterocolitis is whether the baby is fed a cow’s milk-based formula, either solely or in addition to breast milk. Babies who are exclusively breastfed rarely develop necrotizing enterocolitis, however, parents and medical professionals are largely unaware of the risks associated with these bovine-based formulas when given to a premature infant. Large baby formula manufacturers like Mead Johnson and Abbott Laboratories have been aware since 1990 of the potential risks of bovine-based formulas when given to premature babies with underdeveloped digestive systems, yet have consistently failed to warn parents and medical professionals.

Abbott and Mead corner almost 80 percent of the baby formula market in the United States and are the manufacturers of Enfamil and Similac. These are baby formulas that most people are familiar with. If parents were aware of the potential risks of feeding premature newborns a bovine-based formula, they would certainly take steps to ensure their baby received only breast milk or a non-cow’s-milk-based formula. Necrotizing enterocolitis can potentially be fatal and can cause long-term effects for babies who survive the disease. These long-term effects can potentially be debilitating and can definitely affect the child’s quality of life

What Are the Signs and Symptoms of Necrotizing Enterocolitis?

If you or your baby’s doctor see swelling or distention in your baby’s belly or notice that the belly is tender to the touch, necrotizing enterocolitis may be suspected. The baby’s belly could be discolored—red, bright pink, or purple-colored. The doctor could feel a mass in the baby’s belly, which would indicate a perforation in the intestine. If an X-ray shows small bubbles in the wall of the intestine, necrotizing enterocolitis is likely. The X-ray could also show gas or air in the large veins of the liver. This means that bacteria are being produced in the bowel wall. Other potential 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

The treatments for necrotizing enterocolitis could be medical or surgical, depending on how severe the NEC is. If there are perforations in the intestine, a surgeon will cut any necrotic parts of the intestine out. If there are damaged portions of the intestine, they may be left for a few days to determine whether the damage will heal. The goal of the surgeon will be to leave as much of the intestine as possible. The more intestines the infant has removed, the more likely he or she will have serious problems as a child and into adulthood.

If there are no necrotic portions of the intestine, your baby will be treated medically. This can include the cessation of oral feedings. The baby will then receive nutrients and liquids through an IV. A nasogastric tube may be placed from the nose into the stomach when air and fluids need to be suctioned from the stomach and intestines to relieve any discomfort or swelling. In some cases, a baby’s abdomen may swell so much that it interferes with their breathing.

In this situation, a ventilator or oxygen may be required to help the baby breathe. Severe cases of necrotizing enterocolitis may require red blood cell transfusions or platelet transfusions. In rare cases, necrotizing enterocolitis may become NEC Totalis which is often fatal because both the large and small intestines are affected. There are newer treatments today, which can save a baby’s life when NEC Totalis is diagnosed.

Are There Long-Term Effects of Necrotizing Enterocolitis?

Infants with necrotizing enterocolitis may recover completely, or they could have long-term effects from the NEC. Infants who must undergo surgery to remove a part of the intestine are more likely to have long-term effects, and those who lose more of their intestine are likely to have more severe long-term effects. The long-term effects of necrotizing enterocolitis include the following:

  • Neurodevelopmental delays can occur in infants that survive necrotizing enterocolitis. In fact, according to the existing medical literature associated with necrotizing enterocolitis, more than 50 percent of infants with NEC will have some level of neurodevelopmental delay. These neurodevelopmental delays can include poor educational, motor, or behavioral outcomes in early childhood, and poor memory performance into adulthood.
  • Failure to thrive is another condition that is common in premature infants and can best be described as inadequate physical growth. Five to ten percent of low-birth-weight children will suffer from failure to thrive, although the majority of babies with necrotizing enterocolitis may be able to successfully grow and develop.
  • Strictures in the intestine can occur in six percent to 33 percent of infants with necrotizing enterocolitis. Strictures are narrow portions in the intestine that prevent food from traveling through. Strictures may be caused by scarring in the intestine, and when the stricture causes constant pain, the strictures can affect the child’s quality of life and may require another surgical procedure.
  • Cholestasis is a liver disease caused by reduced or blocked bile flow. Infants who require long-term nutritional support may have an increased risk of developing cholestatic liver disease which is especially possible in severe NEC cases.
  • Short bowel syndrome can occur when necrotizing enterocolitis causes damage and destroys sections of the small intestine. When there has been a substantial loss of the intestine, short bowel syndrome—also known as short gut syndrome—prevents the infant from absorbing the necessary nutrition they need. Short bowel syndrome can result in long hospitalizations. There is no cure for this condition, and it can cause severe, disabling, and even fatal complications.

How the Virginia NEC Statute of Limitations Could Affect Your NEC Baby Formula Lawsuit

The statutes of limitations are enacted to create a window of time a plaintiff has in which to file a civil lawsuit, whether a medical malpractice lawsuit, a personal injury lawsuit, a wrongful death lawsuit, or a product liability lawsuit. Each state is allowed to set its own statutes of limitations, which vary from state to state, and in some cases, from one type of lawsuit to another. The statutes are generally considered to be absolute, but in some states, there are certain narrow exceptions.

The Discovery Rule is one such exception. In states that incorporate the Discovery Rule, the length of time given under the statute may be extended in situations where the injury or harm was not discovered within the statute and could not reasonably be expected to be discovered within that amount of time. The other exception is the statute of repose. The statute of repose is usually used in association with a product liability case.

Instead of the stated amount of time allowed under the statute, the time may begin to run when the dangerous or defective product is manufactured, distributed, bought, or sold. The statutes can be complex, requiring an experienced NEC baby formula lawsuit attorney to assist you in determining when your statute will run. In the state of Virginia, the following statutes are in place:

  • Product liability lawsuits in the state of Virginia have a two-year statute of limitations, with exceptions for implanted medical devices, asbestos, and breast implants. The Discovery Rule applies in cases where the harm or injury from the product was not known until after the statute has run. The statute of limitations in product liability claims thus starts when the person was unaware of the causal connection to the defective product.
  • Medical malpractice lawsuits in the state of Virginia have a statute of limitations that is two years from the date of the injury. If the medical malpractice was committed by a doctor or nurse employed by the Commonwealth of Virginia, the claim may be brought under the Virginia Tort Claims Act, with notice provided to the Commonwealth within one year of the act of malpractice. There is also a continuing treatment rule that holds when there has been substantially uninterrupted treatment for the same condition by the same healthcare provider, then the medical malpractice lawsuit must be filed within two years of the date of the last treatment.
  • Personal injury claims in the state of Virginia have a two-year statute of limitations, and the state does not apply the Discovery Rule.
  • Wrongful death claims in Virginia also have a two-year statute of limitations, with no application of the Discovery Rule.

How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?

Perhaps you have heard of the NEC baby formula lawsuits currently being filed, and you are wondering whether you and your family would benefit from such a lawsuit. It is definitely in your best interests to speak to a skilled NEC baby formula lawsuit attorney from Sullo & Sullo regarding a potential Similac and Enfamil lawsuit. Necrotizing enterocolitis is a very serious disease for premature newborns who may already be fighting for their lives. If you live in any of the following Virginia locales, you could benefit from speaking to an NEC baby formula lawsuit lawyer today.

Virginia Beach, Virginia

Norfolk, Virginia

Chesapeake, Virginia

Arlington, Virginia

Richmond, Virginia

Newport News, Virginia

East Hampton, Virginia

Alexandria, Virginia

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.

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