NEC Baby Formula Lawsuits: Frequently Asked Questions

Understanding Necrotizing Enterocolitis and NEC Formula Lawsuits If your baby has been diagnosed with necrotizing enterocolitis, you may understandably be frightened and unsure of what caused the NEC. Necrotizing enterocolitis is a gastrointestinal problem that primarily affects premature and low birth weight babies who were given cow’s milk-based formula. NEC causes inflammation of the intestinal tissue, causing it to die. In more severe cases, a perforation may be found in your baby’s intestine, allowing bacteria to leak into the bloodstream or the abdomen.

Typically, NEC will develop from two to six weeks following the birth of your baby and while some infants will have a mild case of NEC, others can suffer serious, even life-threatening symptoms.  Both the small and large intestines are a part of the digestive system that helps turn foods and liquids into waste that is then removed through the baby’s poop. As many as nine out of every ten babies that develop necrotizing enterocolitis are born early—before the 37th week. Babies that are diagnosed with NEC are also likely to weigh less than 5 ½ pounds at birth.

Approximately one in 1,000 premature babies will be diagnosed with NEC with babies weighing less than two pounds at the greatest risk. Rarely will NEC affect a full-term infant. This is due to the fact that the digestive system in a premature baby is not yet developed. When these cow’s milk-based formulas are given to babies with an undeveloped digestive system, necrotizing enterocolitis can result.

There are four types of NEC. Classic NEC affects babies born prior to 28 weeks of pregnancy, usually occurring three to six weeks after birth and coming on suddenly, with little to no warning. Classic NEC is closely tied to formulas that are based on cow’s milk.  Babies who require a blood transfusion to treat anemia may be diagnosed with transfusion-associated NEC. Atypical NEC is rare, developing in a newborn in the first week of life. Full-term infants who are diagnosed with NEC will typically have a birth defect like a congenital heart condition, low oxygen levels at birth, or intestines that form outside the body.

When formula is the cause of necrotizing enterocolitis, parents may benefit from speaking to an experienced NEC baby formula lawsuit attorney regarding a Similac and Enfamil lawsuit. While NEC can resolve with treatment or surgery, in some cases, necrotizing enterocolitis can lead to long-term issues that can be very expensive to treat. An intestinal stricture can develop, narrowing the intestines and making it difficult for food to pass through the intestines.

Short bowel syndrome can occur when NEC damages part of the small intestine. Short bowel syndrome makes it difficult for the child to absorb fluids and nutrients, leading to malabsorption. Children that develop short bowel syndrome following NEC may need lifelong care, perhaps even feeding through a tube. Growth failure and developmental delays, including poor neurodevelopmental outcomes can occur, particularly among those infants that required surgery.

All of these long-term symptoms following NEC can take a toll on the child, the parents, and other family members. There are currently many baby formula lawsuits being filed, with an MDL in Illinois with at least 97 plaintiffs. It is expected that the number of necrotizing enterocolitis lawsuits will continue to increase as more and more plaintiffs are identified.

What Are the Necrotizing Enterocolitis Signs and Symptoms?

Necrotizing enterocolitis signs and symptoms may include one or more of the following:

  • Abdominal pain
  • Swelling of the abdomen
  • Rapid or unusual changes in body temperature
  • Changes in heart rate
  • Vomit that is green or yellow
  • Lethargy
  • Refusing to eat
  • Lack of weight gain
  • Diarrhea with bloody stool
  • Metabolic acidosis
  • Tender stomach
  • Jaundiced appearance
  • Low blood pressure
  • Abnormal breathing patterns
  • Lack of appetite
  • Sleep apnea

If your baby is premature and being fed cow’s milk-based formula, he or she should be closely monitored for any of these symptoms.

How Can You Be Sure Your NEC Claim is Properly Preserved? It is crucial that you take steps to properly preserve your potential necrotizing enterocolitis claim. Preserving your claim involves ensuring all evidence that proves your claim is not lost or destroyed. All records and items pertaining to your case should be kept in a safe location. Since you don’t know what records will be important, you should err on the side of keeping virtually any and all records associated with your baby’s NEC diagnosis and treatment, along with records of what formula your baby was fed while in the hospital.

Medical records, intake forms, lab results, prescription medication information, treatments, invoices, and anything else that could potentially help you with your NEC formula lawsuit should be kept in a secure location. Preserving your claim also involves speaking to an experienced NEC baby formula lawsuit lawyer as quickly as possible. This is a crucial step as your attorney can help ensure you abide by all legal rules and regulations associated with your claim, including the statute of limitations. Provide your lawyer with as much information as possible regarding your baby’s NEC diagnosis and treatment. This allows your NEC baby formula lawsuit attorney to evaluate the viability of your claim

What About the Statute of Limitations for a Similac and Enfamil Lawsuit? Each state sets its own statutes of limitations, ranging from two years to ten years. In some states, these statutes can differ between a product liability claim, a medical malpractice claim, or a personal injury claim. This means that your NEC baby formula claim must be brought within the statute of limitations set by your specific state. This window of time usually begins at the time the injury is discovered or should have been discovered. Some states—but not all—offer exceptions to the statute of limitations in the form of the discovery rule and the statute of repose.

The discovery rule applies when the defect in a product was deliberately and fraudulently concealed. This means that if you discover your injury after the window of time in your state has run, but the product in question had a defect that was willfully and fraudulently concealed, you could have more time to bring your claim. The statute of repose sets a specific time limit for product liability claims, usually starting from the date the product was first sold.

The NEC baby formula lawsuits involve product liability but may also involve medical malpractice. It is essential that you speak to a knowledgeable NEC baby formula lawsuit attorney who has a thorough understanding of the statutes of limitations as they apply to your potential Similac and Enfamil lawsuit. Each situation and each state will be unique, therefore, having an experienced attorney who can guide you through the process is crucial.

What Do You Need to Know About an NEC Baby Formula Lawsuit? At the core of the NEC baby formula lawsuits is the fact that formula makers failed to warn the public of the potentially life-threatening risk to premature babies from formulas that are based on cow’s milk. Premature babies often need extra care and nutrition to offset their low birth weight and give them a much-needed “boost.” Formula brands like Similac and Enfamil market their cow’s milk-based formulas as a nutritionally complete breast milk alternative.

Evidence suggests, however, that not only can certain Similac and Enfamil formulas cause premature infants to develop necrotizing enterocolitis—but also that the manufacturers of these formulas were aware of the risks. A 1990 study found that premature babies given these cow’s milk-based formulas were ten times more likely to develop NEC. Other studies confirmed this information, yet the manufacturers—including Abbott Laboratories and Mead Johnson—failed to warn parents, physicians, and hospitals of the potential dangers.

Parents of a premature infant who was given one of these cow’s milk-based formulas and was then diagnosed with NEC can file a necrotizing enterocolitis lawsuit for possible compensation. If your baby was diagnosed with NEC but you are unsure whether the baby was fed Similac or Enfamil, your NEC baby formula lawsuit lawyer can help you get the answers you need.

Once your baby was discharged from the hospital, you may have fed them a Similac or Enfamil product—possibly because you were given samples at the hospital, or simply because you had no idea the formula could potentially be harmful when fed to premature babies. Whatever your situation, you can get the information and assistance you need by speaking to a knowledgeable NEC baby formula lawsuit attorney.

How Can an Experienced NEC Baby Formula Lawsuit Attorney Help? It is important that you find an experienced NEC baby formula lawsuit attorney to assist you, answer your questions, and guide you through the process. The law firm of Sullo & Sullo represents families whose premature infants developed NEC after being given a cow’s milk-based formula. Our firm is reviewing cases across the country, helping parents like you. Infant formula manufacturers like Abbott Laboratories and Mead Johnson were aware of the potential risks associated with giving premature infants certain formulas, yet they failed to warn parents of these risks. If your premature baby received a diagnosis of necrotizing enterocolitis after receiving one of the formulas listed below, you may qualify to file a necrotizing enterocolitis lawsuit against the formula manufacturers.

You could receive financial compensation for any injuries resulting from these formulas. While a monetary settlement cannot undo the harm done to your baby, it can help you pay the medical expenses associated with necrotizing enterocolitis—both the initial expenses and the potential long-term expenses associated with NEC babies. Contact the Sullo & Sullo NEC baby formula lawsuit attorneys regardless of which state you reside in. 

Formula brands that are currently the target of NEC lawsuits include:

  • Similac Alimentum and Alimentum Expert Care, Similac NeoSure, Similac Human Milk Fortifier powder and concentrated liquid, Similac Special Care, Similac Liquid Protein Fortifier, Similac Special Care 20, Similac Special Care 24, Similac Special Care 24 High Protein, Similac Special Care 30, Similac Human Milk Fortifier Hydrolyzed Protein—Concentrated Liquid
  • Enfamil Human Milk Fortifier Acidified Liquid (and powder), Enfacare Powder, Enfamil Premature 20 Cal, Enfamil NeuroPro Enfacare, Enfamil Milk Fortifier Liquid Standard Protein, Enfamil Human Milk Fortifier Liquid High Protein, Enfamil Premature 24 Cal, Enfamil Premature 24 Cal HP, Enfamil Premature 30 Cal, Enfamil 24 DHA and AR Supplement

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.

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