What is NEC in Newborns?

Parents of a premature baby may have already gone through some serious challenges with their baby, beginning at the time of the birth. Babies born prematurely—those born before the 37th week and especially those born before the 32nd week—are at a much higher risk of necrotizing enterocolitis. Necrotizing enterocolitis causes the intestinal lining to become inflamed, killing parts of the intestine. Although full-term healthy babies can develop necrotizing enterocolitis, it is rare. It is also rare for babies fed only breast milk to develop NEC.

In fact, premature babies that are fed a cow’s milk-based formula have a much higher risk of developing necrotizing enterocolitis. Unfortunately, premature babies are often fed a bovine-based formula to help them catch up to their peers in growth. Even breastfed babies may be supplemented with a cow’s milk-based formula to help them gain weight. The manufacturers of these formulas—huge manufacturers like Abbott Laboratories and Mead Johnson—have known the risks to premature babies fed bovine-based formulas for over three decades.

Yet despite research in the 90s that points to the risk of NEC among babies fed these formulas, the manufacturers have not told hospitals and parents of these risks. Parents who were aware of the risk of NEC among premature babies fed cow’s milk-based formulas would certainly find an alternative—either exclusively breastmilk or another type of formula like soy. The digestive system of premature babies is often undeveloped, therefore, more susceptible to the issues related to the following formulas:

Enfamil: DHA-In-Sol, Human Milk Fortifier in liquid and powder, Enspire, 24-Calorie Formula, Nutramigen, NeuroPro Enfacare, NeuroPro Gentlease, Premature Infant Iron Formula 24 Cal and 30 Cal, and Premature 30 and 24 Cal

Similac: 360 Total Care, Special Care 20/24/24 High Protein/30, Special Care, NeoSure, Expert Care Alimentum, Alimentum, Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid, Human Milk Fortifier Powder and Concentrated Liquid, and Liquid Protein Fortifier

Premature babies with necrotizing enterocolitis may have their feedings stopped in order to allow the intestine to heal. Nutrients and liquids would be received through an IV for a week or possibly two. In cases where there are dead portions of the intestine, surgery may be necessary to remove the dead portions. If there is damaged intestine, the doctor may leave it, performing another surgery in a few days to determine whether the damaged portions have healed. The goal is to leave as much intestine as possible, giving the baby the best chance of a normal life.

What Are the Necrotizing Enterocolitis Signs and Symptoms?

If you notice your premature baby refusing to eat, being excessively fussy, or being extremely lethargic, these are all red flags for necrotizing enterocolitis. You may also notice your baby’s tummy is distended, discolored, or tender. Other signs and symptoms of NEC include the following:

• Difficulty breathing that may require a ventilator or extra oxygen
• The inability to properly digest food
• Vomiting green bile
• Diarrhea, sometimes containing blood
• A low heart rate, weak pulse, or drop in blood pressure
• Episodes of apnea, a temporary cessation of breathing
• Fluid in the abdominal cavity
• Abnormal temperature or the inability to maintain a normal temperature
• Infection in the tissue lining of the stomach

Should You Consider a Baby Formula Lawsuit?

You may have many questions regarding whether a Similac and Enfamil lawsuit is right for you. A baby formula lawsuit can help you pay the expenses associated with your baby’s NEC diagnosis. Your baby has likely been in the hospital for a significant amount of time. Your medical expenses may be mounting alarmingly. Even if you have health insurance, your co-pays may be extensive. If your baby is likely to have long-term issues from necrotizing enterocolitis, a lawsuit will help with these expenses as well.

The manufacturers of these cow’s milk-based formulas must be held accountable for failure to warn parents and medical professionals of the potential harm. Abbott, Mead, and other large corporations should be held accountable for not letting parents and hospitals know about the potential risks associated with bovine-based formulas in premature babies. Currently, there is a Multi-District Litigation in Illinois that has 122 plaintiffs, with many more expected. Speaking to a knowledgeable NEC baby formula lawsuit attorney can be extremely beneficial to you, your family, and your future.

How the Mississippi Statute of Limitations Could Affect Your NEC Formula Lawsuit

Statutes of limitations are windows of time that dictate how long a person has to file a claim or lawsuit after being injured, harmed, or killed by the negligence of another person or entity. Each state sets its own statutes of limitations which can range from one year to as much as ten or twelve years when certain exceptions are factored in. The Discovery Rule applies in some states, acting as an exception when it is determined that a reasonable person would not have discovered the injury or harm within the allotted time frame.

Some states may also have a statute of repose that usually applies to product liability claims. Depending on the circumstances, the statute for a product liability claim may be extended to take into consideration the date of manufacture, delivery, sale, or purchase of the defective or dangerous product. It can be extremely beneficial to speak to a knowledgeable NEC baby formula lawsuit attorney about your state’s statute of limitations if you are considering a baby formula lawsuit. The state of Mississippi has the following statutes of limitations:

• Personal injury claims have a three-year statute of limitations that begins from the date of the injury, with no Discovery Rule in place, making the statute absolute.
• Wrongful death claims also have a three-year statute of limitations, with no Discovery Rule in place.
• The statute of limitation for medical malpractice in the state of Mississippi is two years from the date the malpractice occurs. Exceptions in the form of a 7-year statute of repose exist for cases involving leaving a foreign object in the body of a patient during a surgical procedure or a medical error or another form of malpractice that involves concealment of the error by a healthcare provider.
• Mississippi’s statute of limitations for product liability claims is three years, although, in certain situations involving a breach of an implied or express warrant, the suit must be brought within six years from the cause of action.

Getting the Help You Need from a Skilled NEC Baby Formula Lawsuit Attorney

If your baby developed necrotizing enterocolitis after being fed a cow’s milk-based formula, speaking to an NEC baby formula lawsuit lawyer is your best course of action. When you choose the Sullo & Sullo law firm, you will get comprehensive answers to your questions regarding an Enfamil lawsuit. We can help you get the medical treatments you need for your baby’s NEC, particularly if your baby has long-term issues related to necrotizing enterocolitis. This can be a very difficult time for you and your family. When your baby is sick, your entire world is turned upside down. Every waking moment is spent trying to get him or her the medical treatments necessary, then working to help them catch up with their peers. Yet the financial trauma can also be devastating. Speak to an NEC baby formula lawsuit attorney regarding a potential baby formula lawsuit.