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Over 140,000 Exactech hip, knee and ankle implants have been recalled due to packaging errors that can lead to the breakdown of parts vital to the device’s function.
If you or a loved one suffered injuries from an Exactech implant device, you may be entitled to financial compensation.
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Over one million people, who were present at Camp Lejeune (North Carolina) between 1953 and 1987, may have been exposed to toxic substances in the water.
The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred.
If you have been exposed to Paraquat and diagnosed with Parkinson’s disease may be eligible to pursue compensation, and entitled to participate in the paraquat lawsuit.
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» [Guide] Baby Formula NEC Lawsuit Statute of Limitations (by State)
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.
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.
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.
Depending on the state you live in, you have between two (2) and six (6) years to file a lawsuit. NEC Baby Formula Lawsuits may be accepted under a “discovery rule”, which means that you have from the date you discovered that your child’s NEC diagnosis may be linked to baby formula they were fed to file a lawsuit.
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.
Related Areas of Practice
[2023 Update] Enfamil Lawsuit | Enfamil Formula Lawsuit
Toxic Baby Formula NEC Lawsuit Update [2023] | Similac and Enfamil NEC Baby Formula Lawsuits
Table of Contents
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.
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?
As mentioned, 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.
Listed below are the length of time per state when you can file a lawsuit from when your child was first diagnosed with necrotizing enterocolitis (NEC) or when you first discovered that toxic baby formulas could have been the cause of your child’s ailment:
One year: Kentucky, Louisiana, and Tennessee
Two years: Alabama, Alaska, Arizona, California, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, and West Virginia
Three years: Arkansas, Colorado, Connecticut, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Carolina, South Dakota, Washington, and Wisconsin
Four years: Florida, Nebraska, Utah, Vermont, and Wyoming
Five years: Missouri
Six years: Maine, Minnesota, and North Dakota
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.
Most states recognize the discovery phase as the time your child was injured or when you discovered the link between NEC and your child’s formula.
In New York, the discovery phase begins when signs of NEC are observed.
After discovery, the statute of limitations will begin.
What Is Necrotizing Enterocolitis (NEC)?
What Factors Increase the Chance of NEC in Infants?
Cow milk-based formulas and the lack of warning labels 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.
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 drastically.
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).
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?
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.
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.
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.
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 make sure that your NEC Baby Formula Lawsuit ends successfully.
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.
Toxic Baby Formula NEC Lawsuit Update [2023] | Similac and Enfamil NEC Baby Formula Lawsuits
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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.
