NEC Baby Formula Lawsuits: FAQs

What is Necrotizing Enterocolitis? Studies regarding cow’s milk-based infant formula have been ongoing for decades, however, studies that specifically target low-birthweight and premature babies are more recent, largely due to necrotizing enterocolitis—a potentially dangerous or life-threatening illness. Parents are rarely aware of the potential risks to premature and low birth weight babies from infant formula. The primary manufacturers of these bovine-based formulas are Abbott Laboratories and Mead Johnson—the makers of Enfamil and Similac.

Scientists have found that bacteria alone are unlikely to cause the disease, rather the immature intestinal system of premature infants makes it difficult to fight off infectious bacteria. Enterocolitis is an inflammation of the gastrointestinal tissues that can result in a perforation in the intestines of the infant. Once this occurs, bacteria can leak into the belly and bloodstream. Typically, babies with NEC will develop the condition within two to six weeks after birth.

Those born before the 37th week—and, in particular, those born before the 32nd week—who weigh less than five and a half pounds at birth are at the highest risk of NEC. Many parents whose infants were harmed by NEC after they were fed cow’s milk-based formulas are now considering a necrotizing enterocolitis lawsuit.

What Are Necrotizing Enterocolitis Causes?  Prematurity is the primary risk factor for NEC and when these preemies are fed bovine-based formula rather than breast milk, the risk factor increases exponentially. Additional risk factors may include deprivation of oxygen at birth, requiring assisted ventilation, decreased levels of oxygen, and low blood pressure at birth.  Multiple factors play a role in the fact that premature babies are at a much higher risk of NEC.

Premature infants may be particularly vulnerable to infection due to the fact that their gastrointestinal tracts have not matured. Fresh breast milk does not have the same levels of free fatty acids contained in infant formulas. These FFAs can be toxic to underdeveloped intestinal cells, resulting in NEC.  One study found that intestinal cells exposed to infant formula showed a significant increase in cell damage, oxidation, and cell death when compared to breast milk. 

Is NEC Ever Seen in Full-Term Babies? While full-term babies can potentially be diagnosed with NEC, it is much less likely to occur in full-term babies than in premature babies, probably due to the immature gastrointestinal tract of preemies. A study done almost two decades ago reviewed medical charges for all full-term infants born at a specific hospital for a period of four years. During that time period, only 14 full-term infants were diagnosed with necrotizing enterocolitis. Every one of the 14 infants was delivered via C-section and were all fed either a combination of breast milk and formula or only formula. Science has largely concluded that NEC among full-term infants is a relatively “rare pathology.”

What are the Symptoms of NEC in Newborns? Necrotizing enterocolitis signs and symptoms will vary from one infant to another and will depend on many different factors. Some of the most common symptoms of NEC are:

  •  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

The presence of gas inside the wall of the small or large intestine is known as pneumatosis intestinalis and is associated with NEC. Gas inside the intestines is normal, but gas in the intestinal wall is not and will present as a bubbly appearance on an X-ray, indicating the bowel wall has been damaged. Any of these NEC symptoms warrant an immediate conversation with your baby’s doctor. The sooner NEC is diagnosed, the better chance your baby has of a full recovery. The manner in which your baby’s NEC is treated will depend on the stage and severity of the disease.

Stage 1 necrotizing enterocolitis occurs when doctors suspect the baby may have NEC. The baby may present with sluggishness, an unstable body temperature, abdominal bloating, vomiting, bloody stools, and a slow heart rate. Stage 2 necrotizing enterocolitis occurs once your baby has been tested and diagnosed with NEC. The baby may also have elevated blood platelet levels, pain in the abdomen, gas-filled spaces in the intestinal walls, no bowel sounds, no intestinal movement, and elevated lactic acid levels.

Stage 3 necrotizing enterocolitis is the most advanced level of NEC—and the most serious. Symptoms from the first two stages, along with periods of not breathing, formation of blood clots, lowered white blood cell counts, abdominal tissue inflammation, increased abdominal redness and pain, no urination, and a buildup of gas in the abdominal cavity. Stage 3 NEC is severe and brings a risk of respiratory or circulatory arrest. When bacteria escapes from a perforation in the abdominal wall, a life-threatening infection called sepsis can occur. 

Why Does Cow’s Milk-Based Formula Cause NEC? Although babies fed breast milk exclusively can potentially develop NEC, it is extremely rare. In fact, breast milk may actually protect the infant from NEC as it is much less likely to adversely affect the immature bowel. The immature bowel of a premature infant is much more sensitive and prone to infection. Premature babies with an immature bowel may also have difficulty with circulation and digestion.  The brand of baby formula is not really the issue at hand; formulas based on cow’s milk are those implicated in a higher risk of NEC.

Will My Baby Recover from NEC? The primary question you may have following your baby’s diagnosis with NEC is whether your baby will recover. Estimates vary widely on how many infants will die from NEC. Some estimates are at 15 percent, while others are as high as 40 percent. Survival rates are difficult to determine because there are other factors including the birth weight of the infant, the severity of the disease, and whether the infant has other medical issues. That being said, even though the number of babies born prematurely has increased, survival rates for babies diagnosed with NEC have improved. “Standard” treatment for NEC includes feeding the baby with a tube, antibiotics, and constant monitoring. If a severe intestinal injury occurs, surgery is likely.

What are the Long-Term Effects of Necrotizing Enterocolitis? Many infants will recover from necrotizing enterocolitis and will enjoy a completely normal life. Among infants with more severe cases of NEC, there may be lasting complications. These long-term complications include:

  • Intestinal blockage
  • Short bowel syndrome
  • Liver disease
  • Gastrointestinal strictures and adhesions
  • Failure to thrive
  • Neurodevelopmental delays

Parents whose child has some of these long-term issues as a result of NEC may choose to engage in an NEC baby formula lawsuit. Necrotizing enterocolitis symptoms can be emotionally distressing and financially devastating for parents, potentially warranting a Similac and Enfamil lawsuit.

Have There Been NEC Formula Lawsuits Filed? There have been NEC formula lawsuits filed. The primary one right now is an MDL originating in Illinois. In August 2022, the Illinois Judicial Panel for Multidistrict Litigation consolidated 97 NEC baby formula lawsuits. Litigation is in the early stages; bellwether trial selection began in November 2022. It is expected that the first trials will begin in early 2024 and that many more lawsuits will be filed against Abbott Laboratories and Mead Johnson in the coming months.

Should I File a Baby Formula Lawsuit? You may wonder whether you should file a baby formula lawsuit. While it is certainly an important decision—and while no amount of money will make up for what you and your baby have gone through—such a lawsuit can ensure you can provide your child with all the medical care he or she needs now and in the future. An NEC formula lawsuit will also hold the manufacturers of the baby formula that made your baby sick accountable.

The only way large corporations ever change their ways is when their financial bottom line is affected. The formula manufacturers should have provided warnings to new parents of the potential risks associated with certain baby formulas, particularly to parents of premature infants. An NEC formula lawsuit will help put these warnings in place.   

How Can an Experienced NEC Baby Formula Lawsuit Lawyer Help Me? If you choose to file a necrotizing enterocolitis lawsuit, it is important that you have a list of all the necrotizing enterocolitis symptoms your baby endured. While NEC in newborns is not uncommon, the risks are significantly exacerbated when cow’s milk-based formula is used. You may have had no idea that these formulas could potentially be dangerous for your infant because there are no warnings given to parents by the hospital, the FDA, or the manufacturer of the formula.

Symptoms of NEC in newborns can mimic symptoms of other premature infant medical issues, causing necrotizing enterocolitis to go undiagnosed for a short period of time. Even a short amount of time without a clear diagnosis can result in more severe NEC symptoms, so a quick diagnosis is essential. Speaking to a knowledgeable NEC baby formula lawsuit lawyer from Sullo & Sullo can be extremely beneficial, helping you through this difficult time in your life.

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.

WARNING: Do not send any information in any email through this website if you consider the information confidential or privileged.

I understand that by submitting my contact information to Sullo & Sullo LLP for review, I consent to messages regarding this legal matter as well as marketing for other potential legal matters in the future without limitation at standard messaging and data rates unless terminated by me in writing. I further understand that my submission of any and all information in response to this website does NOT create a lawyer-client relationship between myself and Sullo & Sullo, LLP and/or its lawyers, and that any and all information submitted is NOT confidential or privileged. I further acknowledge that, unless Sullo & Sullo, LLP subsequently enters into an Attorney-Client relationship with me, any and all information I provide will NOT be treated as confidential or privileged, and any such information may be used against me and/or for the benefit of current or future clients of Sullo & Sullo, LLP. ...READ ENTIRE DISCLAIMER
Receive an Immediate Response
ANDREW SULLO IS A TOP 100 NATIONAL TRIAL LAWYER 2013 • 2014 • 2015 • 2016 • 2017 • 2018 • 2019
Obtener una Respuesta Inmediata
Andrew Sullo – 100 Mejores Abogados Nacional | 2013 • 2014 • 2015 • 2016 • 2017


4.6/5.0

STARS ON YELP
WITH OVER 400 REVIEWS*

*AS OF JANUARY 2024



Andrew Sullo has been named a

TOP 100 NATIONAL TRIAL LAWYER*
2013-2024

*BY THE NATIONAL TRIAL LAWYERS

 

CALL NOW FOR A FREE LEGAL CONSULTATION
(800) 730-7607
CALL NOW FOR A FREE LEGAL CONSULTATION (713) 839-9026 CALL NOW FOR A FREE LEGAL CONSULTATION (713) 335-9485


Andrew Sullo is a recipient of the

AVVO CLIENT'S CHOICE AWARD*
2016, 2017, 2019-2024

*GIVEN BY AVVO


Justice

Andrew Sullo is a Member of the

AMERICAN ASSOCIATION OF JUSTICE
2013-2024

*GRANTED BY THE AAJ

 

IF YOU OR A LOVED ONE WERE SERIOUSLY INJURED DUE TO THE NEGLIGENCE OF ANOTHER, CONTACT SULLO & SULLO IMMEDIATELY.
CALL NOW
(800) 730-7607
CALL NOW
(713) 839-9026
CALL NOW
(713) 335-9485

GET LEGAL HELP