Understanding NEC in Newborns

Necrotizing enterocolitis is a serious disease that is considered one of the most common gastrointestinal emergencies among infants. While any newborn can get NEC, those who are born prematurely and those who weigh less than three and a half pounds are much more likely to develop necrotizing enterocolitis. Another common denominator among infants diagnosed with necrotizing enterocolitis is that the newborn was fed a bovine-based formula, either as the sole source of nutrition or in conjunction with breast milk. The goal is usually to help the premature infant gain weight and catch up with his or her peers, but feeding a cow’s milk-based formula can cause or contribute to a baby being diagnosed with NEC.

Babies that are full-term and healthy are rarely diagnosed with necrotizing enterocolitis, and babies that are exclusively fed breast milk are also unlikely to develop NEC. The companies that make these bovine-based formulas have known since the 1990s that they have the potential to cause NEC, particularly among premature infants, yet have never issued a warning to parents, hospitals, or medical personnel. The two largest infant formula manufacturers are Abbott Laboratories and Mead Johnson, the makers of Similac and Enfamil. Subsequent studies following the 1990 study have confirmed that cow’s milk-based formulas, when fed to premature infants, can lead to NEC.

Babies with necrotizing enterocolitis can become extremely ill and can even die from the disease. The mortality rate for necrotizing enterocolitis has not significantly improved in nearly six decades. Babies that require surgery to remove a portion of their necrotic intestine may have long-term problems like short bowel syndrome and failure to thrive and grow. Most parents have never heard of necrotizing enterocolitis until their baby is diagnosed. The most common time for a diagnosis of NEC is from three days to four weeks after birth. If an X-ray shows no perforations or holes in the intestine, your baby may be treated medically.

Nutrients and liquids will be delivered through an IV, with all feeding stopped in order to allow the intestine to heal. A nasogastric tube may be placed to ensure the intestines stay empty, and antibiotics may be given. More severe cases of NEC where there are perforations or holes in the intestine will require surgery. Your baby will be placed under general anesthesia, the abdomen opened up, and dead portions of the intestine removed.

The most severe type of necrotizing enterocolitis is known as NEC Totalis, which is often fatal. Babies who survive necrotizing enterocolitis may have long-term issues like short bowel syndrome, malabsorption, strictures, adhesions, neurodevelopmental delays, cerebral palsy, failure to thrive, cholestasis, and hearing and vision problems. The cow’s milk-based formulas that are often used in hospitals include the following:

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

What Are the Symptoms of NEC?

You may have noticed NEC symptoms in your infant like lack of appetite, a distended belly, tender spots on the belly, or discoloration of the belly (red, purple, or bright pink). Your infant may vomit green bile or may have diarrhea with or without blood in the stool. The baby may be unusually lethargic, irritable, or sluggish, with a low heart rate, low blood pressure, or difficulty breathing. The doctor will order an X-ray to determine whether there are bubbles in the abdomen or signs of air or gas in the large veins of the liver.

The doctor may insert a needle into the infant’s abdomen to determine whether there is intestinal fluid in the abdomen which could cause sepsis. Feedings will be withheld for possibly up to a week, with an IV providing nutrients and liquids. If perforations are seen in the intestine, surgery will be required to remove the necrotic pieces of the intestine. The surgeon will try to leave as much of the intestine as possible to give your infant the best chance to grow and thrive.

Should You Consider an NEC Baby Formula Lawsuit?

An NEC baby formula lawsuit could be beneficial for you, your child, and your family. Having a child in the NICU is expensive enough; when you add in all the treatments required for necrotizing enterocolitis, along with medical treatments for potential long-term effects of the disease, and even the necessary co-pays could bankrupt a family. You want to ensure your child has the very best NEC medical treatments for as long as they are needed.

Another reason you might consider a baby formula lawsuit has to do with the formula manufacturers’ failure to warn parents about the potential hazards of feeding a bovine-based formula to a premature infant. These manufacturers were aware of the risks more than three decades ago, yet failed to provide warnings to parents, hospitals, and medical staff. There is currently an MDL NEC baby formula lawsuit filed in Illinois that has 122 plaintiffs, with many more expected over the next few months and years.

How the New Jersey NEC Statute of Limitations Could Affect Your Necrotizing Enterocolitis Lawsuit

The statutes of limitations dictate the amount of time a person has in which to file a civil claim. This is a window of time that, once this window has closed, usually prohibits an individual from filing a lawsuit for injury or harm. Some states also incorporate the Discovery Rule, which allows extra time when an individual did not discover the injury—or could not have reasonably discovered the injury—within the time allowed under the statute of limitations. Some states also have statutes of repose, usually used with product liability claims to allow extra time when it was not known that a dangerous or defective product caused injury or harm until the statute had passed. The statutes of limitations in the state of New Jersey include the following:

• Wrongful death claims in the state of New Jersey have a two-year statute from the date of the death. The Discovery Rule does not apply in wrongful death claims, so this two-year time limit is considered absolute.
• A personal injury claim in the state also has a two-year statute of limitations, however, the Discovery Rule applies, allowing extra time when the injury was not discovered, or could not reasonably have been discovered, within the allotted time.
• Medical malpractice claims have a two-year statute of limitations, however, the Discovery Rule applies, allowing for an additional two years to investigate the potential medical malpractice.
• Product liability claims in the state of New Jersey have a two-year statute of limitations. New Jersey also has a ten-year statute of repose in situations where the harm or injury could not have reasonably been expected to be tied to the defective product until later.

How Can a Highly Skilled NEC Baby Formula Lawsuit Attorney from Sullo & Sullo Help?

If your baby was diagnosed with necrotizing enterocolitis, it can be extremely beneficial to speak to a knowledgeable NEC baby formula lawsuit attorney from Sullo & Sullo. We can comprehensively assess your infant’s NEC diagnosis and discuss what the future looks like for you and your family. We can answer your questions and ensure you have a solid understanding of what a Similac and Enfamil lawsuit looks like, and how it could benefit your family. If you live in any of the following New Jersey areas, contact an experienced NEC baby formula lawsuit lawyer today.

Newark, New Jersey

Jersey City, New Jersey 

Paterson, New Jersey

Elizabeth, New Jersey

Edison, New Jersey

Toms River, New Jersey

Trenton, New Jersey

Clifton, New Jersey