West Virginia Statute of Limitations Personal Injury for NEC Baby Formula Lawsuits
What Are the Causes of Necrotizing Enterocolitis? As a serious gastrointestinal disease that causes inflammation and bacterial infection in the intestine, necrotizing enterocolitis has a number of causes. Necrotizing enterocolitis occurs in newborn infants, usually between four days and four weeks. Necrotizing enterocolitis or NEC is most common in premature and underweight infants. The second component of necrotizing enterocolitis occurs when premature babies are fed a bovine-based formula. It is believed that the digestive system of a premature infant is unable to handle cow’s milk-based formulas, leading to necrotizing enterocolitis.
It is rare that breastfed babies develop necrotizing enterocolitis and also rare that a full-term healthy infant would be diagnosed with NEC. In severe necrotizing enterocolitis cases, perforations in the intestine can occur, causing bacteria to leak into the abdomen. This is a potentially life-threatening emergency that requires immediate surgery. Medical responses to necrotizing enterocolitis when there are no perforations in the intestine include the cessation of all oral feedings, and the use of an IV to deliver nutrients and fluids.
Antibiotics may be given to the baby, and a nasogastric tube could be inserted to prevent the baby’s stomach and intestines from filling with air. If there is insufficient blood flow to the intestines, medication may be given to support normal blood pressure. When surgery is required to cut out the necrotic portions of the intestinal tissues, it is more likely that the infant will have long-term effects associated with necrotizing enterocolitis.
The largest baby formula manufacturers in the United States manufacture Similac and Enfamil—the formulas most likely to be given to newborns in hospitals across the nation. Unfortunately, the manufacturers of these formulas—Mead Johnson and Abbott Laboratories—have known about the potential dangers of feeding bovine-based formulas to premature infants since a study done in the 90s, yet have consistently failed to warn parents and hospitals about the dangers.
Even though bovine-based formulas like Similac and Enfamil are meant to mimic human breast milk, they are not the same. Even though breastfed babies are unlikely to develop NEC, medical staff often supplement breast milk with formula or exclusively feed a premature baby formula in an attempt to put weight on the baby and help them catch up with their full-term peers. Yet cow’s milk-based formulas may cause bacterial septic overload in the stomach of premature babies, causing perforations in the intestines, along with infection.
Lawsuits have been filed across the U.S. by parents who were unaware of the dangers of bovine-based formulas when fed to premature newborns. The creation of an MDL for NEC baby formula lawsuits in Illinois now has 122 plaintiffs, with more expected. Since Illinois law tends to be more advantageous to victims than most other states, Illinois is often where these lawsuits are filed. Further, since Mead and Abbott are both based in Illinois, they will not be able to enter jurisdictional objections.
What Are the Symptoms of Necrotizing Enterocolitis?
While your baby may have similar symptoms to those listed below, he or she may also have different or additional symptoms. Parents are usually the first to recognize that something is not right with their baby. Your baby may seem listless, fussy, or even downright lethargic. The baby may have tender spots on the tummy, or the tummy may be red and distended. Most babies with NEC are not interested in feeding or may refuse to eat. The following symptoms may also be present in an infant with NEC:
Constipation or diarrhea
Apnea—periods where the baby will stop breathing momentarily
Low blood pressure
Abnormal breathing patterns
Jaundice
Metabolic acidosis
Unusual or rapid changes in body temperature
Heart rate changes
Green or yellow bile or vomit
Lack of weight gain
Blood in the stool
Are There Long-Term Effects of Necrotizing Enterocolitis?
Necrotizing enterocolitis can lead to long-term neurological impairment, including conditions like cerebral palsy and hearing and vision issues. The NEC infection that begins in the intestinal wall can spread to other organs of the body, potentially resulting in cognitive and psychomotor impairments at 20 months and beyond. By the time the child reaches school age, cognitive deficits of severe NEC survivors persist, including poor visual perception, a lower IQ than their peers, and a poor attention span. Adults who had severe NEC as an infant can have significant memory issues. Other long-term complications of necrotizing enterocolitis include:
Intestinal strictures develop in a significant number of infants who have had a severe case of NEC. These strictures can make it difficult for food to pass through the intestines. Strictures are the result of NEC damage to the intestines and can occur when scarring is present in the intestine. Strictures can cause abdominal discomfort and pain in the child, interfering with the child’s quality of life
Cholestasis is a liver disease that causes reduced bile flow and is common among NEC babies.
Failure to thrive and grow—The combined effects of NEC and the treatments that include withholding feeding can contribute to long-term slow physical development. While infants who have a minor case of NEC that is resolved medically may recover completely and quickly catch up with their peers growth-wise, those with more severe NEC can fall behind other children of similar ages in their growth patterns.
Short bowel syndrome can be the result of surgery to remove the dead portions of the intestine. Short bowel syndrome can result in major feeding difficulties, making the child unable to absorb the nutrition they need to grow and thrive.
How the West Virginia NEC Statute of Limitations Could Affect Your NEC Baby Formula Lawsuit
Statutes of limitations are put into place to limit the amount of time an injured person has to bring a lawsuit against the negligent party that is responsible for the injury or harm. Each state sets its own statutes of limitations which can vary according to the type of lawsuit—medical malpractice, personal injury, wrongful death, or product liability. While the statutes of limitations are generally considered to be absolute, there are certain exceptions to the statutes in some states. One of those exceptions is known as the Discovery Rule.
In states that allow the Discovery Rule, extra time is given to those who did not discover the injury or harm was related to a specific act of negligence until after the statute had run. The Discovery Rule is predicated on the fact that another reasonable person, given the same set of circumstances, also would not have discovered the injury within the allotted amount of time. Some states also incorporate statutes of repose, which can add additional time according to when the defective or dangerous product was manufactured, distributed, bought, or sold.
The statutes of limitations are complex, particularly when the exceptions like the Discovery Rule or the statutes of repose are incorporated. It can be beneficial to speak to a knowledgeable NEC baby formula lawsuit attorney who can determine when your state statute will run. In the state of West Virginia, the following statutes of limitations apply:
Personal injury lawsuits in the state of West Virginia must be filed within two years of the injury. The Discovery Rule applies in West Virginia personal injury claims, allowing extra time when the injury was not discovered within the allotted amount of time or could not reasonably have been discovered.
The wrongful death statute of limitations is two years from the time of the death, however, the Discovery Rule applies, allowing extra time if the death was not definitively tied to a specific negligent act and could not reasonably have been tied to that act within the statute.
Medical malpractice lawsuits in West Virginia have a two-year statute of limitations that begins to run two years from the date of the medical malpractice injury or two years from the date the injury is discovered or should have been discovered. West Virginia also has a statute of repose that applies in medical malpractice claims that states a lawsuit cannot be filed more than ten years from the time of the malpractice, no matter how serious the medical error is.
Product liability lawsuits in the state of West Virginia must be filed within two years from the time of the injury that resulted from a defective or dangerous product.
How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?
Perhaps you have considered filing a Similac and Enfamil lawsuit following your baby’s NEC diagnosis after being fed a cow’s milk-based formula. Large formula manufacturers have largely ignored the research on premature babies, bovine-based formula, and the development of necrotizing enterocolitis. It can be extremely beneficial for you to speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo. We will help you decide whether an NEC baby formula lawsuit is right for you, ensuring you do not miss any critical statutes of limitations in your state. If you are a resident of West Virginia in any of the following locales and are considering a baby formula lawsuit, we believe we can help.
Charleston, West Virginia
Huntington, West Virginia
Parkersburg, West Virginia
Morgantown, West Virginia
Wheeling, West Virginia
Weirton, West Virginia
Weirton Heights, West Virginia
Fairmont, West 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.
