What is Necrotizing Enterocolitis and Are There NEC Baby Formula Lawsuits?

Necrotizing enterocolitis is a very serious disease that primarily affects premature infants that have been fed a cow’s milk-based formula. “Premature” is considered anything before 37 weeks, although babies born before 32 weeks as well as those weighing three and a half pounds or less have a higher risk of developing necrotizing enterocolitis. It is theorized that premature infants have a digestive system that is underdeveloped. When these bovine-based formulas come in contact with intestines that are not finished developing, the intestines can become severely inflamed.

Sometimes, this inflammation can lead to milder symptoms of NEC that can usually be healed by withholding feeding for a week or so, while delivering liquids and nutrients through an IV. The baby may also have to have a nasogastric tube to keep the stomach empty. Antibiotics may be administered for an infection or to prevent infection. Full-term, healthy babies rarely develop NEC, and babies that are exclusively fed breast milk also rarely develop NEC. Premature infants may be fed a bovine-based formula along with breast milk, or the formula may be the sole source of nutrition if the mother is unable to breastfeed.

The goal with premature infants is to get their weight up as quickly as possible, however, these bovine-based formulas can lead to a serious disease like NEC. Some babies have more serious NEC that will require surgical intervention. The surgeon will remove any necrotic or dead portion of the intestine, often leaving damaged intestine alone in the hopes it will heal. Several days later, a second surgery will determine whether that has happened, or whether more necrotic intestine must be removed. The more intestine the infant is left with, the less likely there will be serious, long-term issues associated with NEC.

A few very large companies dominate the baby formula market in the United States. Two of the giants are Mead Johnson and Abbott Laboratories, the makers of Enfamil and Similac. These are also the two formula brands that are most likely to be fed to infants in the hospital and to be sent home with parents. Since these manufacturers have been aware of the potential risks of feeding premature babies these cow’s milk-based formulas since the 1990s, yet refuse to warn parents and hospitals, many parents are now filing baby formula lawsuits. These lawsuits address the clear failure to warn, along with the serious injuries and harm to infants that can sometimes last a lifetime.

There is a Multi-District Litigation in Illinois that currently has more than 122 plaintiffs, with many more expected. If your infant had to undergo a surgical procedure as a result of necrotizing enterocolitis, your hospital bill could be as high as $600,000—or more. Even those with good health insurance coverage can struggle when they have to pay their co-pays on such a large amount. If your infant’s necrotizing enterocolitis is likely to have long-term effects, your medical costs could continue for many, many years. It is definitely worthwhile to speak to a knowledgeable NEC baby formula lawsuit attorney regarding a Similac and Enfamil lawsuit.

What Are the Most Common NEC Symptoms?

While NEC signs and symptoms can vary from one infant to another, there are some clear markers of the disease that parents are more likely to notice even before hospital staff. Your baby may be fussier than normal and refuse to eat or may be extremely lethargic. You may notice the baby’s tummy is red, bright pink, or a purple-ish color, and the tummy may be distended and clearly tender to the touch. Additional NEC signs and symptoms include:

• Difficulty breathing
• Diarrhea, sometimes containing blood
• A drop in blood pressure
• 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
• An inability to properly digest food
• Weak pulse
• Fluid in the abdominal cavity
• Infection in the tissue lining of the stomach

Are There Long-Term Consequences of NEC in Infants?

There can be long-term effects of NEC in infants, especially among infants that have undergone surgery, and had a portion of their intestine removed. Failure to thrive is a common long-term consequence of NEC, as the premature infant who makes it through NEC may simply never catch up with his or her peers. If there are strictures in the intestine (narrow places), it can make it difficult for food to pass through, and can, in some cases, lead to an intestinal blockage. Short bowel syndrome is also common among children who underwent NEC surgery as an infant. Short bowel syndrome prevents the body from absorbing sufficient nutrients from the foods eaten, due to a lack of enough small intestine—which is where the majority of the nutrients you eat are absorbed into your body during the digestion process.

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

The statutes of limitations exist as a means of setting a time limit for civil claims. Each state sets its own statutes of limitations which may be the same from one type of claim to another or could be different between medical malpractice claims, personal injury claims, wrongful death claims, and product liability claims. Some states implement the Discovery Rule that allows those who do not discover their injury until after the statute has run to file a claim—so long as another reasonable person, given the same set of circumstances, would have reached the same conclusion.

Product liability statutes of limitations can also be extended when a state recognizes either the Discovery Rule or has statutes of repose in place. Statutes of repose may extend the statute of limitations according to when the product was manufactured, delivered, sold, or bought. If you are considering filing a baby formula lawsuit after your child developed necrotizing enterocolitis after being fed a cow’s milk-based formula, it can be extremely helpful to speak to a highly skilled NEC baby formula lawsuit attorney to ensure that you do not exceed your window of time. The statutes of limitations in the state of Nevada are as follows:

• Wrongful death claims in the state of Nevada have a two-year statute of limitations, with no Discovery Rule in place, which makes the time limit absolute.
• The personal injury statute of limitations in Nevada is two years from the date of the injury. The Discovery Rule applies, therefore, the two years may be extended when the injury is not discovered and could not reasonably have been discovered before the statute ran.
• Medical malpractice claims in the state of Nevada have a three-year statute of limitations beginning from the date the negligent act or omission causing the injury occurred, or one year from the date the injury was discovered or reasonably should have been discovered.
• Product liability claims have a statute of limitations of two years. The Discovery Rule applies in product liability claims, tolling the statute until the injured party discovers, or reasonably should have discovered, the cause of the injury. There are no statutes of repose in Nevada.

Could a Skilled NEC Baby Formula Lawsuit Attorney from Sullo & Sullo Help You?

If you think a baby formula lawsuit is right for you, it could be beneficial to speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo. We can comprehensively answer all your questions regarding a Similac lawsuit, helping you determine whether it is the right course of action for you and your family.