What Are the Most Common Necrotizing Enterocolitis Causes?

Necrotizing enterocolitis, or NEC, is a disease in infants that can have a variety of causes. NEC is rarely seen among full-term, healthy babies, being much more likely among premature babies born before 37 weeks. Babies born before 32 weeks that weigh three and a half pounds or less are at an even higher risk of developing necrotizing enterocolitis. Babies with a congenital heart defect or those who were deprived of oxygen for a period of time during birth also have a higher risk of developing NEC.

One thing many babies who have NEC have in common is that they were fed a cow’s milk-based formula, either exclusively, or in addition to breast milk. Some of these babies were fed these formulas through a tube directly into the stomach, while others were fed the formula orally. It is theorized that a premature baby’s digestive system is not fully developed and that the bovine-based formula irritates the mucosa of the intestine, causing severe inflammation—and in some cases, the death of intestinal tissue.

Babies that have a relatively mild case of necrotizing enterocolitis may have food withheld for a week or so, receiving their nutrition through an IV. A nasogastric tube may be inserted from the nose to the stomach in order to keep the stomach empty. Antibiotics may be administered to treat infection or to prevent an infection, and your baby’s doctor may take frequent X-rays to monitor the progress of the disease. If your baby is having difficulty breathing, extra oxygen or a ventilator may become necessary.

More severe cases of NEC may require a surgical procedure to remove the necrotic portions of the intestine. Most pediatric surgeons will leave any intestine that appears only damaged, rather than dead. Children who are able to retain most of their intestines have the best chance of recovery and the least likelihood of long-term issues. The surgeon may then go back in after several days have passed to determine whether the damaged intestine healed or needs to be removed. Other common signs and symptoms of NEC include:

• Redness in the belly area
• Redness in the belly area
• A distended belly
• An inability to properly digest food
• Diarrhea, sometimes containing blood
• Vomiting green liquid
• Abnormal temperature or the inability to maintain a normal temperature
• Episodes of apnea, a temporary stop in breathing
• Episodes of low heart rate
• A drop in blood pressure
• Weak pulse
• Weak pulse
• Infection in the tissue lining of the stomach
• Difficulty breathing

What Are the Financial Repercussions of NEC in Infants?

While your child’s health is the primary thing on your mind—as it should be—the financial costs of necrotizing enterocolitis, particularly when surgery is required, can be devastating. Estimates from 2015 regarding the average cost in the United States for necrotizing enterocolitis that requires surgery is between $400,000 and $660,000. That was eight years ago, so imagine how much those costs would be today. Even families with medical insurance could find their co-pays for this level of costs staggering.

If your child develops long-term issues like short bowel syndrome, strictures, failure to thrive, vision and hearing problems, cerebral palsy, or liver problems associated with NEC in infants, your costs may continue for many, many years. The issue is that parents and hospitals were not warned by the manufacturers of these bovine-based formulas—even though the manufacturers were aware of the issue. These baby formula manufacturers should be held accountable for this failure to warn and made to pay financially for the many costs associated with NEC in newborns.

How the Nebraska NEC Statute of Limitations Could Affect Your NEC Baby Formula Lawsuit

If you are a resident of Nebraska who is considering an NEC baby formula lawsuit after your baby suffered harm from a cow’s milk-based formula, you must be aware of the statutes of limitations in your state. Each state sets its own statutes of limitations which are, essentially, the window of time you have to file a lawsuit or claim for injuries resulting from the negligence of another person or entity. The statutes of limitations vary from state to state as well as (in some cases) from one type of civil claim to another (wrongful death, personal injury, product liability, medical malpractice).

While the statutes of limitations are fairly absolute, there are certain circumstances (in some states), where the time limit can be extended under the Discovery Rule. The Discovery Rule allows the statute to begin to run once the injury or harm is discovered—or should reasonably have been discovered. Regarding product liability claims, the statute of limitations includes both the Discovery Rule and the statutes of repose. It is important that you speak to a knowledgeable NEC baby formula lawsuit attorney regarding your potential NEC baby formula claim because the statutes can be very complex. In the state of Nebraska, the statutes of limitations include the following time limits:

• The wrongful death statute in the state of Nebraska is two years from the date of the death, and there is no Discovery Rule that can extend that time limit.
• Personal injury statutes in the state are four years from the date of the injury, and, like the wrongful death statutes, the Discovery Rule does not apply.
• Nebraska has a two-year statute of limitation for medical malpractice, except when the cause of the injury or harm could not have been reasonably discovered until the two-year period has run. Once the cause of the medical malpractice is discovered, there is a ten-year limitation of time to file a medical malpractice claim.
• Product liability claims have a four-year statute of limitations which begins to run on the date an individual discovers—or reasonably should have discovered—the injury or damage resulting from a defective or dangerous product. The Discovery Rule applies so the statute does not begin to run until the individual discovers or reasonably should have discovered the injury. If the specific product is manufactured in the state of Nebraska, the statute of repose applies and is ten years. For a product that is manufactured outside of Nebraska, the statute of repose applies and is not less than 10 years—unless the other state has no statute of repose, then no statute of repose applies.

How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?

A more recent study found that premature African American infants are more likely to develop necrotizing enterocolitis and more likely to die from the disease than Caucasian infants. This study may point to disparities in healthcare for minorities, as well as a lack of access to human donor milk in some cases. As of mid-March, there were 122 plaintiffs in the infant formula NEC MDL in Illinois, with 17 new plaintiffs added over the past month.

It is believed that these numbers will begin to quickly increase once parents become aware that their baby potentially could have not developed necrotizing enterocolitis if the formula companies had been honest about the risks. If you are interested in a baby formula lawsuit, you could benefit significantly from speaking to a skilled NEC baby formula lawsuit attorney from Sullo & Sullo.