Statute of Limitations to File a NEC Infant Formula Lawsuit
There are currently multiple lawsuits against Abbott and Mead, the manufactures of Similac and Enfamil respectively. These lawsuits are stemming from allegations that both companies were aware of the dangers that their cow milk-based infant formulas presented to premature infants but failed to take any action to warn consumers.
More specifically, the infant formulas have been known to increase the risk of premature infants developing necrotizing enterocolitis (NEC), which is a dangerous bacterial infection in the gastrointestinal system that can cause intestinal tissue to become inflamed as well as to decay. The condition can also cause perforations in the intestines, causing the bacteria to leak into the abdomen, causing peritonitis and, eventually, sepsis.
Without a doubt, the parents of infants who have suffered severe harm or died after developing NEC have the right to file a lawsuit. Although some affected parents have already started the legal process, it is possible that there are many other parents around who might also have grounds to sue.
If your infant developed NEC after he or she was fed either the Similac or Enfamil cowmilk-based formulas, then you might have grounds to file a lawsuit. If you are interested in taking legal action against Abbott Laboratories Inc. or Mead Johnson Nutrition company, it is important that you file your lawsuit as soon as possible – as your lawsuit is time-sensitive.
Your Lawsuit is Subject to a Statute of LimitationsAll lawsuits are subject to a statute of limitations. A statute of limitations essentially determines the length of time that claimants have to file their lawsuits. If claims are not filed on time, then claimants will essentially lose their right to sue entirely. If you are considering filing a lawsuit, then it is necessary that you have a full understanding of the deadline that applies to your lawsuit.
The California Statute of Limitations for Product Liability LawsuitsIn the state of California, most personal injury cases are subject to a two-year statute of limitations. Product liability lawsuits, specifically, have a two-year statute of limitations that applies in the case of injury or wrongful death. This means that the parents of infants that suffered harm or died as after developing NEC associated with the infant formulas will have two-years to file a lawsuit. Typically, the deadline starts running from the date of the incident. However, it is important to note that a discovery rule also applies. In other words, the statute of limitations starts to run when the claimant knows or should have known that the harm suffered (the NEC and other complications) was directly related to the product (the infant baby formula).
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Each state has different personal injury laws and statute of limitations. In general, the statute of limitations for product liability claims can vary from 1 to 4 years. Consider the list below:
- 1-year statute of limitations: Kentucky and Louisiana
- 2-year statute of limitations: Alabama, Alaska, Arizona, California, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Nevada, New Jersey, Ohio, Oklahoma, Oregon, and Pennsylvania
- 3-year statute of limitations: Arkansas, Colorado, Connecticut, District of Columbia, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Carolina, and South Dakota
- 4-year statute of limitations: Florida and Nebraska
- 5-year statute of limitations: Missouri
- 6-year statute of limitations: Maine, Minnesota, and North Dakota
For more information about the specific statute of limitations that applies to your NEC infant formula lawsuit, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our experts are ready to evaluate your claim and help you understand the deadlines that apply. Of course, our lawyers are also ready to help you file your lawsuit on time.
Are There Exceptions to the Statute of Limitations?Although the statute of limitations that applies to your lawsuit is a strict timeline, it is possible for exceptions to apply – exceptions that could essentially pause the deadline. The most important exception to consider is the age of the victim. Of course, parents have the right to sue for the harm that their children suffer. However, if the infant survives, then the he or she will be able to pursue a lawsuit independently once he or she comes of age. In California, the statute of limitations is paused until the claimant turns eighteen-years-old. This means that an infant that survives NEC caused by Similac or Enfamil infant formula will have until his or her twentieth birthday to file a lawsuit independently. Of course, if the parents file a lawsuit on behalf of their child (within the appropriate deadline) then the child will not have grounds to sue after becoming of-age.
It is important to note that all states have different exceptions to the statute of limitation. For more information about the exceptions that might apply to your NEC infant formula lawsuit, do not hesitate to contact us today.
Are you considering filing a NEC infant formula lawsuit? If so, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready to evaluate your right to file a lawsuit and help you file your claim on time. If you have questions about the statute of limitations that applies to your NEC infant formula lawsuit or the time that you have to pursue your claim, our lawyers can help you.
Here at Downtown L.A. Law Group, we have decades of experience handling all sorts of personal injury claims, including product liability cases. We are not afraid to take on Abbott and Mead and to fight for your rights and help you get the recover that you are owed. Our product liability lawyers are ready to take on your claim and get a recovery for medical costs, pain and suffering, funeral and burial costs, punitive damages, legal costs, etc. You can trust that our lawyers will get you the best payout possible.
We offer free legal services, which include free consultations and free second opinions. During these free legal services, our experts will answer your questions, address your concerns, and provide you with all the information that you need to pursue your NEC infant formula lawsuit.
We offer a Zero-Fee guarantee, meaning that you will not be required to pay any upfront legal costs. We also work on contingency; therefore, you will not pay anything until your lawsuit is successful. If you don’t win, you simply won’t pay.
If you are ready to discuss your claim with our experts, contact us immediately. Whether you are in California or any other state in the nation, our lawyers are ready to help you.
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