[Guide] Baby Formula NEC Lawsuit Statute of Limitations (by State)

Use the chatbot on this page to find out if you qualify for an NEC Baby Formula Lawsuit instantly.

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NEC Baby Formula Lawsuit Statute of Limitations and Filing Deadlines

Several brands of cow’s milk based infant formula have been named in lawsuits claiming that they contributed to necrotizing enterocolitis (NEC) diagnoses in babies, specifically premature infants.

When filing an NEC Baby Formula Lawsuit, mothers or others filing on behalf of an injured loved one must pay close attention to the technical details of their case and ensure that they are filing their claim within the correct timeframe.

A statute of limitations exists to preserve the integrity of evidence used to support a case and to provide defendants with a reasonable amount of time to respond.

Baby Formula NEC Lawsuit Statute of limitations deadlines vary by state, but are commonly set between 2-3 years from the date of an incident.

In most states, a “discovery rule” also exists, which allows the statute of limitations to begin at the time you discovered that cow milk formulas may cause necrotizing enterocolitis (NEC) or should have discovered that information.

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You may be eligible to file an NEC Baby Formula Lawsuit if your child has suffered from NEC following the consumption of cow milk-based baby formulas.

Contact TorHoerman Law for a free consultation.

You can also use our chatbot to see if you qualify for an NEC Lawsuit instantly.

Frequently Asked Questions

Necrotizing enterocolitis is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy (premature babies).

It creates intestinal inflammation, causing cells to die and holes to form.

This then allows harmful and potentially deadly bacteria to leak in and infect the intestines.

The time-frame you are able to file an NEC Baby Formula Lawsuit may depend on the state in which you are filing.

The statute of limitations varies by state, but it is important to speak to an experienced lawyer to get an understanding of any relevant filing deadlines in your case.

We offer free, no-obligation case consultations for those interested in filing NEC Lawsuits.

Contact TorHoerman Law today for more information on potential filing deadlines or statute of limitations in the NEC Lawsuit.

There’s no definite amount for the NEC lawsuit payout, as it will depend on various factors.

The amount you may receive is based on your medical expenses, wage losses, physical pain and suffering, and other damages.

An experienced lawyer can help you calculate your potential settlement.

Our NEC Baby Formula Lawyers work on a contingency fee basis, which means that you are not charged for legal representation unless you get a settlement for your Baby Formula Lawsuit.

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Table of Contents

Why Are People Filing Baby Formula Lawsuits?

Why Are People Filing Baby Formula Lawsuits?Parents are filing toxic baby formula lawsuits against Abbott and Mead Johnson for failing to warn consumers about the risk of necrotizing enterocolitis (NEC) after consuming different brands of their cow milk-based formulas.

This life-threatening gastrointestinal disease causes intestinal tissue to inflame and then die.

Lawyers across the country are accepting clients to be represented in NEC Baby Formula Lawsuits and a multidistrict litigation (MDL) has been created to streamline the process of the lawsuit.

If your child has suffered from NEC following the consumption of cow milk-based baby formulas, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact TorHoerman Law for a free consultation.

You can also use our chatbot to see if you qualify for an NEC Lawsuit instantly.

What Is the NEC Lawsuit Statute of Limitations?

Different states have varying statutes of limitations.

For the NEC Baby Formula Lawsuit, discovery rules may apply and you may be eligible to file a claim if you only recently discovered that toxic baby formulas could have been the cause of your child’s necrotizing enterocolitis (NEC) diagnosis.

What Is the NEC Lawsuit Statute of Limitations?

The moment you discovered or should have discovered that your child’s NEC could have been caused by the formula they were fed can be referred to as the “discovery”.

Some states recognize discovery rule differently than others.

After discovery, the statute of limitations will begin.

A team of experienced NEC Lawyers can help you determine any filing deadlines you should be aware of with your NEC Lawsuit. 

Contact an attorney for insight on your case and they can inform you of relevant filing deadlines. 

TorHoerman Law offers free, no-obligation consultations. 

Contact us today or use the chatbot on this page for a free case evaluation. 

What Is Necrotizing Enterocolitis (NEC)?

What Factors Increase the Chance of NEC in Infants?

Cow milk-based formulas and the lack of warning labels may contribute to the high occurrence of NEC in premature infants.

In the following sections, we uncover the most common reason why NEC is a prevalent health issue today.

What Is Necrotizing Enterocolitis (NEC)?

Premature Birth

Premature babies are at a higher risk of developing NEC and other fatal diseases due to their underdeveloped immunity and body.

These babies also need extra nutrition and care, which they typically can’t get from breast milk alone.

As they rely more on formulas to get the nutrition they need, the risk of developing NEC increases.

Low Birth Weight

Birth weight is essential in determining the overall health of a baby.

An infant with low birth weight is prone to developing NEC and other fatal diseases due to their weak immune system.

Moreover, children with low birth weights are more likely to suffer from chronic diseases as they grow older.

Immature Digestive System

Concerning premature birth, infants with underdeveloped digestive systems are more prone to developing NEC, as their digestive systems are not ready to digest cow milk-based formulas.

An underdeveloped digestive system could also lead to severe malnutrition or nutrient deficiency, which is fatal for newborns and infants.

Cow Milk-based Formula

The exact cause of NEC is uncertain, but numerous medical studies point to the growth of life-threatening bacterial pathogens as the culprit.

Studies also reveal that a cow milk formula-based diet increases the risk of infection and gastrointestinal inflammation in infants.

Although the research is not yet conclusive, it’s observed that cow milk-based formulas have higher bacterial growth.

It’s also been found that babies fed human milk exclusively suffered from much lower rates of Necrotizing Enterocolitis (NEC) than babies who were fed cow’s milk based infant formulas.

What Toxic Baby Formulas are Named in Lawsuits?

Similac (Abbott) and Enfamil (Mead Johnson) are the two most notable baby formula products involved in the lawsuit.

Despite the issue surrounding these products, both companies haven’t issued a recall related to NEC.

Both companies issued a recall in 2022 but for different reasons (bacterial contamination).

What Toxic Baby Formulas are Named in Lawsuits?

The baby formula lawsuits cover the following Similac product variants:

  • Similac Special Care
  • Similac Human Milk Fortifier
  • Similac NeoSure
  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier Powder
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
  • Similac Liquid Protein Fortifier
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein
  • Similac Special Care 30

Besides the above-mentioned Similac formula variants, the baby formula lawsuits also cover the following products from Enfamil-maker Mead Johnson:

  • Enfamil Human Milk Fortifier Powder
  • Enfamil Human Milk Fortifier Acidified Liquid
  • Enfamil Human Milk Fortifier Liquid High Protein
  • Enfacare Powder
  • Enfamil Milk Fortifier Liquid Standard Protein
  • Enfamil NeuroPro Enfacare
  • Enfamil Premature 20 Cal
  • Enfamil Premature 24 Cal
  • Enfamil Premature 24 Cal/fl oz HP
  • Enfamil Premature 30 Cal
  • Enfamil 24 and DHA & ARA Supplement

Who Can File an NEC Baby Formula Lawsuit?

Who Can File an NEC Baby Formula Lawsuit?

Parents of children who developed NEC after drinking cow milk-based formula may be eligible to file a lawsuit.

If you’re noticing signs of gastrointestinal issues and inflammation in your newborn, contact your pediatrician immediately.

The sooner they can confirm the diagnosis and take appropriate action, the better for your child and your potential lawsuit.

Who Is Liable in NEC Baby Formula Lawsuits?

Several parties can be held liable for any damages caused by toxic baby formulas leading to NEC.

Baby Formula Manufacturers

Manufacturers are at the top of the list because they develop infant formulas.

An infant formula manufacturer can be held liable if it’s identified that there are lapses in their quality assurance protocols and other processes that result in the development of a contaminated or toxic formula.

Baby Food Distributors

Although manufacturers are the primary party responsible for any product defects, distributors and other channels in the distribution chain can also be liable for lawsuits.

This could happen if they repackage or tamper with the products before selling them to consumers.

Hospitals or Medical Professionals

Sometimes, hospitals and medical professionals are also liable for any damages caused by infant formula.

Healthcare workers and agencies may be held liable in medical malpractice lawsuits.

If your child is prescribed an inappropriate or contaminated formula, they could potentially be held responsible if the baby develops NEC.

Filing an NEC Infant Formula Lawsuit

Your first step in filing a lawsuit against baby formula manufacturers is to confirm the diagnosis of NEC by consulting your pediatrician and obtaining medical records to establish a causal connection between your baby’s illness and the formula they consumed.

Filing an NEC Infant Formula Lawsuit

Preserve all your paperwork regarding your child’s medical condition, formula purchases, and other relevant documentation.

Once you have all these, contact a lawyer immediately to start building your case.

Gathering Evidence for an NEC Baby Formula Lawsuit

If your or a loved one’s child developed necrotizing enterocolitis (NEC) after being fed infant formula made from cow’s milk, you should begin to gather evidence as soon as possible.

Gathering Evidence for an NEC Baby Formula Lawsuit

Evidence for an NEC Baby Formula Lawsuit might include:

  • Medical records and bills
  • Receipts of purchase for Enfamil or Similac baby formulas
  • Doctor’s notes
  • Any other proof that your child was fed cow milk formula and subsequently developed NEC

Gathering evidence is very important for an NEC Baby Formula Lawsuit, and your lawyer can help you with this step in the process.

Assessing Damage for NEC Baby Formula Lawsuits

Damages refer to the total losses and costs associated with an incident.

For your potential baby formula lawsuit, your lawyer will help you assess and calculate the total amount of damages.

Assessing Damage for NEC Baby Formula Lawsuits

Damages in Infant Formula NEC Lawsuits could include:

  • Medical bills
  • Future medical treatment costs
  • Lost income or earning ability
  • Emotional distress
  • Pain and suffering
  • Permanent disability
  • Lost quality of life
  • Other compensatory and punitive damages

Your team of NEC Baby Formula Lawyers can help assess and calculate your damages, and build a strong case to seek justice.

Contact TorHoerman Law: Experienced Baby Formula Lawyers

Ensuring the safety and health of your infant is crucial, and you deserve justice if their illness can be linked to tainted baby formula.

If your infant has been diagnosed with NEC after being fed cow milk based infant formulas, you may be eligible for an NEC Baby Formula Lawsuit.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

Our law firm is accepting clients for the NEC Baby Formula Lawsuit in all 50 states.

We have secured over $4 billion in compensation for people harmed at no fault of their own, and we’re here to help you.

Our lawyers work on a contingency fee basis, which means we DO NOT charge for legal representation unless your case ends in success.

Reach out to us today for more information on the NEC Baby Formula Lawsuits.

Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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