What is the Necrotizing Enterocolitis Definition?

Necrotizing enterocolitis is a serious illness that occurs primarily in newborns, more specifically, largely in premature newborns. Babies born before the 37th week are at a higher risk, and those born before the 32nd week have an even higher risk of developing necrotizing enterocolitis. Low birth weight babies—those weighing less than four and a half pounds have an increased risk of developing NEC. Necrotizing enterocolitis (NEC) inflames the tissues of the baby’s intestines, damaging and sometimes killing the intestinal tissues.

Necrotizing enterocolitis is one of the most common diseases among premature newborns and can quickly turn into a medical emergency. Researchers have found that when premature infants are fed a cow’s milk-based formula soon after birth they can potentially develop NEC. The digestive systems of these premature infants are usually immature and underdeveloped, and the bovine-based formulas appear to inflame the intestinal walls. NEC can also occur when insufficient blood and oxygen reach the intestinal tissues. When the intestinal tissues develop perforations, surgery may be necessary to remove the portion of the damaged intestine.

What Are the Necrotizing Enterocolitis Causes?

As noted, necrotizing enterocolitis is much more common among premature and low birth weight babies who are fed a bovine-based formula. When the intestine is damaged, it can no longer hold waste, so bacteria from the intestine may pass into the bloodstream, causing a life-threatening infection (sepsis). Waste may also pass into the baby’s abdomen, making the infant extremely ill. This is a medical emergency that requires immediate surgery to remove the dead section of the intestine. Signs and symptoms of necrotizing enterocolitis include the following:

• The belly is swollen or distended
• The baby’s belly is red, bright pink, or purple
• There are tender spots in the baby’s belly
• The baby has trouble feeding, or the food is staying in the stomach longer than expected
• The baby is constipated or has diarrhea or dark, bloody stools
• An unstable body temperature is noted
• The baby is vomiting green bile
• Apnea is present (periods when the baby stops breathing)
• The baby is lethargic and/or irritable
• Low blood pressure is present, possibly along with a slowed heart rate
• The baby may appear jaundiced

What Is NEC Totalis and Is It Fatal?

NEC Totalis is an extremely aggressive form of necrotizing enterocolitis which, in the past, usually resulted in death. When NEC Totalis occurs, this means that the majority of the intestine has been impacted. Surgical intervention is necessary, however, even the infants that survive NEC Totalis are likely to develop short bowel syndrome which leads to poor growth and failure to thrive and may result in other issues that can affect long-term survival. There can also be long-term effects from necrotizing enterocolitis that does not turn into NEC Totalis. These effects may include:

• Neurodevelopmental delays
• Failure to thrive
• Gastrointestinal issues including adhesions and strictures
• Cholestasis
• Short Bowel syndrome with or without intestinal failure

Cholestasis is reduced or halted bile flow. Bile is the digestive fluid made in the liver that breaks down fats. Rather than the bile leaving the liver and traveling to the small intestine, bile builds up in the liver, eventually entering the bloodstream. Short bowel syndrome can occur when at least half the small intestine has been removed and most or all of the large intestine. Short bowel syndrome often results in a failure to grow and thrive.

Could Your Necrotizing Enterocolitis Lawsuit Be Affected by the Hawaiian Statutes of Limitations?

The statutes of limitations are set by each individual state. The statute of limitations may vary depending on the type of claim or may be the same. Some states accept the Discovery Rule as it pertains to the statutes of limitations while others do not. The Discovery Rule stops the time from beginning to accrue until the injury or harm is discovered—or should have been discovered using the “reasonable person” definition. https://www.hcplive.com/view/nec-related-infant-mortality-rate-decreasing-recent-years

Regarding product liability claims, some states also have statutes of repose, which can extend the length of time a consumer has to file a claim and may be dependent on when the product was purchased, sold, manufactured, or delivered. The statutes of limitations can be quite complex so you should never assume your state statute has run regarding an NEC baby formula lawsuit until you have spoken to an experienced NEC baby formula lawsuit attorney. The different statutes of limitations in the state of Hawaii include:

• A wrongful death in the state of Hawaii has a two-year statute of limitations. The state of Hawaii does not accept the Discovery Rule for a wrongful death, which means the two-year statute is firm. Those who are considering filing an NEC wrongful death claim should do so quickly to avoid exceeding this two-year statute.
• Personal injury claims in the state have a two-year statute of limitations, however, there are certain exceptions, usually pertaining to car accidents and PIP benefits.
• Medical malpractice claims in the state of Hawaii have a two-year statute of limitations, however, in some cases, the patient may not know he or she has been injured for a longer period of time. Because of this, Hawaii allows six years for medical malpractice claims in cases where the plaintiff knew—or reasonably should have known—about the injury.
• Hawaii applies the Discovery Rule in product liability claims, so the statute is two years from the date the individual knew—or reasonably should have known—about the injury related to a specific product. There is no statute of repose in the state of Hawaii.

How Can an NEC Baby Formula Lawsuit Attorney from Sullo & Sullo Help?

If your baby developed necrotizing enterocolitis after being fed a cow’s milk-based formula, you may have a valid baby formula lawsuit. Of course, a lawsuit cannot change what happened to your baby but it can help you pay for the hospital and medical bills related to the NEC. If your baby develops long-term effects from necrotizing enterocolitis, you may have significant medical bills for a very long time that can be financially devastating—even if you have health insurance. Another reason to file a baby formula lawsuit is that the manufacturers of the baby formula given to your infant (probably Mead Johnson and Abbott Laboratories who produce Enfamil and Similac) will be forced to warn parents about the potential hazards of feeding a bovine-based formula to premature infants.

In short, filing a Similac and Enfamil lawsuit can ensure that the baby formula manufacturers are held accountable while helping you pay for the medical treatments your baby needs and deserves. You must ensure that all deadlines related to a necrotizing enterocolitis lawsuit are properly met and that all documents required are available. Even if you believe that you have missed your window of time regarding filing an NEC baby formula lawsuit, it is important that you speak to a knowledgeable NEC baby formula lawsuit attorney. Your attorney has a deep understanding of the statutes of limitations as they apply to a Similac lawsuit, and will ensure all your deadlines are properly met.

The highly skilled NEC baby formula lawsuit lawyers at Sullo & Sullo will explain the process of an NEC lawsuit to you, helping you understand how such a lawsuit can benefit your family. Although research as far back as the 90s indicated that cow’s milk-based formula should not be given to premature babies, the manufacturers ignored this research and refused to warn parents and healthcare professionals. This failure to warn may have had traumatic, even fatal consequences. If you reside in the following areas, contact a skilled NEC baby formula lawsuit attorney today.

Honolulu, Hawaii

Pearl City, Hawaii

Hilo, Hawaii

Kailua, Hawaii

Waipahu, Hawaii

Kaneohe, Hawaii

Mililani, Hawaii

Kahului, Hawaii