Necrotizing enterocolitis (NEC) is a devastating intestinal disease that affects premature or very low birth weight infants. Symptoms may include poor feeding, bloating, decreased activity, blood in the stool, vomiting of bile, bowel death, multiorgan failure, and even death. It was observed that the children who were consistently fed cow milk-based baby formulas developed NEC. As a result, hundreds of parents came forward with the claim that their child had NEC after this formula’s consumption. In this blog, you will see who qualifies to file this lawsuit and some important facts about it. As you read on, you will discover why it is a good idea to consult an attorney for mass tort cases.
Who Qualifies to File an NEC Baby Formula Lawsuit?
Necrotizing enterocolitis affected infants who were given cow-based milk formula, like Similac or Enfamil. Here are the conditions for qualifying an NEC lawsuit:
● The infant was born prematurely
● The infant was fed a cow-based milk formula before developing NEC
● A gift of a cow-based milk formula was given by the hospital
● The infant was diagnosed with NEC, gut rot, or dead bowel
Facts About NEC Lawsuit Statute of Limitations
Time Limit
Just like every other case, an NEC lawsuit has a time limit. The NEC Lawsuit statute of limitations dictates the specific period within which a plaintiff can file a claim after experiencing non-economic damages. The time limit for filing a product liability lawsuit for NEC is two years after the date the product exposed the child to NEC. This includes wrongful death of the child due to complications by NEC.
Varies By Jurisdiction
Jurisdiction is the legal authority granted to a legal entity to enact justice. It varies between each state because each state’s constitution and laws have established its own legal system. Each state and region has established its statute of limitations for different types of lawsuits. It also includes non-economic challenges. For example, a case in Florida might not be decided using the case law of California.
Commence Time
The clock for the statute of limitations typically starts from the date the infant is diagnosed with Necrotizing enterocolitis. The compensation for non-economic damages will be calculated from that day. This is because it was the date those damages were reasonably discovered.
Differences In Types Of Claims
Statutes of limitations can differ based on the type of claim. For instance, if the child has been severely injured, the claim will be significantly different from the ones who have had a wrongful death. NEC lawsuit claims may include the following:
● Failure to warn: The manufacturer failed to warn that their products could cause NEC.
● Aggressive marketing: The manufacturer marketed their products assertively as medically endorsed baby formulas that had the nutritional benefits equivalent to human breast milk.
● Malpractice: The doctor should have stopped providing cow-based milk products instead of reducing the feeding times.
● Lost wages: Parents have to take time off from their work to take care of the child, so they will need to be compensated the amount they could have earned at that time.
● Wrongful death: In case of the infant’s passing, the parents will be compensated for the death. It can include funeral charges, loss of consortium, etc.
Tollings & Extensions
A tolling is a legal doctrine that allows the pausing or delaying of the running period set forth by a statute of limitations. A tolling agreement temporarily extends or suspends the statute of limitations. Some circumstances might “toll” or pause the statute of limitations, such as the discovery of the injury long after its occurrence or the victim being a minor. The court may even extend the time of the lawsuit and reset the date for the submission to be due.
Importance Of Timely Fillings
Failure to file within the statute of limitations can result in the court dismissing the case, barring the plaintiff from seeking legal recourse. Parents in Florida have a two-year timeframe for filing the lawsuit. This date is calculated from the time this disease was discovered in the infant.
Consult Legal Expertise
Understanding the specific statute of limitations for an NEC lawsuit is crucial. Consulting with a specialized attorney well-versed in these laws is essential to ensure compliance and timely filing of the claim.
The Bottom Line
Being aware of and adhering to the statute of limitations is critical when pursuing an NEC lawsuit. Seek legal advice promptly after experiencing non-economic compensatory damages to understand the applicable timeframe and take necessary actions within that period.