What Should I Know About NEC Baby Formula Lawsuits?

Parents of babies who developed NEC after being fed a cow’s milk-based formula may want to consider filing a necrotizing enterocolitis lawsuit. Literature suggests that premature infants who are fed bovine-based formula are two to ten times more likely to develop NEC. The connection between cow’s milk-based formula and NEC has been known since 1990, when a study concluded that babies fed bovine-based formula who were also born prematurely, were 6-10 times more likely to develop NEC when compared with their peers who were fed only breast milk. The World Health Organization found strong evidence that preterm babies who were fed breast milk were much less likely to develop NEC.

Similac and Enfamil are the two leading brands of formula in the United States, manufactured by Abbott Laboratories and Mead Johnson. These two companies are billion-dollar companies who were aware of the scientific evidence that bovine-based formula could cause NEC among premature infants, yet chose to forego a warning label regarding this risk. The current lawsuits allege that Abbott and Mead had a duty to warn about the risks of NEC in relation to their baby formula products, yet deliberately chose to include a warning, continuing to market their products as safe. Most hospitals use Enfamil and Similac formulas, even sending samples home with new parents.

Some families have filed medical malpractice lawsuits for necrotizing enterocolitis; newer NEC lawsuits may be personal injury, wrongful death, or product liability claims, depending on the situation. There is currently an NEC MDL lawsuit pending in Illinois. If you file your claim in federal court, it will likely be transferred to this MDL. Other necrotizing enterocolitis lawsuits are being filed in state courts across the United States. The Illinois MDL for baby formula lawsuits indicates the growing momentum behind these cases. As more NEC baby formula lawsuits are filed, there may be additional MDL class actions in federal court. The state of Illinois tends to be more advantageous to victims than many other states, and since Mead and Abbott are both based in Illinois, they cannot make jurisdictional objections.

What is NEC in Infants?

Necrotizing enterocolitis is an intestinal disease that causes inflammation of the wall of the intestine. When a premature or low birthweight baby is fed a bovine-based formula, it can inflame the intestine, potentially causing perforations or holes in the intestine. Since premature babies usually need to put on weight and may have nutritional deficiencies, doctors and nurses may supplement breast milk with cow’s milk-based formula fortifiers, or may exclusively feed bovine-based formulas to premature infants to correct these deficiencies. Unfortunately, this can lead to the development of necrotizing enterocolitis.

From 20-40 percent of all NEC cases will result in surgery, and of those, 20 percent or more could be fatal. Infants that survive NEC may suffer from lifelong gastrointestinal and neurodevelopmental issues, growing more slowly, and suffering from failure to thrive. Neurological impairments can result from NEC, including conditions like cerebral palsy. This is because infections that start in the intestine can spread to other organs. Visual, cognitive, hearing, and psychomotor impairments can also be the result of severe NEC.

What Are Intestinal Failure and NEC Totalis?

Intestinal failure can result when an infant has necrotizing enterocolitis. Intestinal failure is the inability of the gut to absorb fluids, macronutrients, micronutrients, and electrolytes sufficient to sustain proper growth. An infant with intestinal failure will need IV supplementation to maintain health and facilitate growth. Intestinal failure is relatively rare, and the prognosis will depend on how much of the baby’s intestine is removed during surgery. NEC Totalis is a severe, sometimes fatal form of necrotizing enterocolitis in which there is necrosis evident in both the small and large intestines. Babies who survive NEC Totalis have a high risk of developing short bowel syndrome.

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

Statutes of limitations can be extremely complex, governing the window of time an injured person has in which to file a claim for damages. The individual states set their own statutes of limitations—which may vary according to the type of claim (medical malpractice, product liability, personal injury, and wrongful death).

In some instances, the Discovery Rule may apply which can extend the statute based on the fact that the injury or harm was not discovered within the original time allowed and takes into account whether a reasonable person would have discovered the injury or harm within the given window of time. Some states also have statutes of repose that apply to product liability claims and can extend the state’s statute of limitations. In the state of Kentucky, the following statutes of limitations apply:

• Wrongful death claims have a statute of limitations of two years, and the state does not accept the Discovery Rule for wrongful death claims.
• Personal injury claims in the state of Kentucky often fall under a one-year statute of limitations that begins to run on the date of the underlying accident or incident, except in the case of car accident injury claims, where it is two years. The Discovery Rule does apply to personal injury claims when the discovery of the injury or harm does not occur until later.
• Medical malpractice claims in the state have a one-year statute of limitations beginning from the date of the error in question. However, if you did not learn of your injuries until a later date, the one-year time limit begins at the time of your diagnosis.
• Product liability claims in Kentucky have a one-year statute of limitations, although the statute of repose has a rebuttable presumption that a product was not defective if the injury occurs more than five years after the sale date or 8 years after the manufacture date.

How You Could Benefit from a Baby Formula Lawsuit and How an NEC Baby Formula Lawsuit Lawyer Can Help

If your baby has been diagnosed with necrotizing enterocolitis, you may want to consider an NEC formula lawsuit. It is important that you speak to a skilled NEC baby formula lawsuit attorney who can help you determine whether a Similac lawsuit is right for you after analyzing all the facts of your baby’s illness. There are many reasons to file a baby formula lawsuit. One of these reasons is that the medical expenses related to your baby’s necrotizing enterocolitis can be significant. If your baby’s NEC was severe, he or she may have long-term issues that will require additional medical expenses for many years. Just as important, the manufacturers of these bovine-based formulas must be held accountable for failure to warn. If you live in any of the following Kentucky locales, contact an experienced Sullo & Sullo NEC baby formula lawsuit attorney to discuss your NEC baby formula lawsuit.

Lexington-Fayette, Kentucky

Meads, Kentucky

Ironville, Kentucky

Louisville, Kentucky

Lexington, Kentucky

Bowling Green, Kentucky

Owensboro, Kentucky

Covington, Kentucky