What Is Necrotizing Enterocolitis?

Necrotizing enterocolitis is a disease in newborns that involves a serious bacterial infection of the intestines. Premature and underweight babies are much more likely to be diagnosed with necrotizing enterocolitis. Severe cases of necrotizing enterocolitis can result in perforations or holes in the intestine which can cause bacteria to leak into the abdomen. Surgical intervention will be required immediately, as this is a life-threatening medical emergency.

Medical treatment of necrotizing enterocolitis includes the cessation of oral feedings, administering fluids and nutrients through an IV. This allows the damaged intestine to heal, with oral feedings normally resumed in 5-7 days. Some babies will require antibiotics, either for an existing infection or to prevent an infection. The baby may have to have a nasogastric tube inserted from the nose to the stomach to prevent the stomach and intestines from filling with air. If low blood pressure is present, medication may be required to help ensure there is sufficient blood flow to the intestines.

Premature babies are much more likely to develop necrotizing enterocolitis because their digestive system is underdeveloped. Feeding these premature babies a bovine-based formula can result in necrotizing enterocolitis. There are two primary manufacturers of baby formula in the United States—Mead Johnson and Abbott Laboratories. These two manufacturers corner about 80 percent of the baby formula market, as they are the makers of Enfamil and Similac. These two formulas are those most often fed in hospitals and sent home with parents.

Baby formula manufacturers have known since research results were published in 1990 that cow’s milk-based formulas, when fed to premature babies, can result in necrotizing enterocolitis, yet they have consistently failed to warn parents and medical professionals. While Similac and Enfamil’s bovine-based formulas are meant to mimic human breast milk, they are simply not the same. Premature babies that are exclusively fed breast milk rarely develop necrotizing enterocolitis. Yet premature babies are routinely fed these bovine-based formulas in an attempt to put weight on a premature baby.

Babies may be only fed a bovine-based formula or could be fed formula in conjunction with breast milk. Researchers believe that cow’s milk-based formulas can lead to bacterial septic overload in a premature baby, causing infection and perforations in the intestine. Lawsuits have been filed across the United States by parents that are unaware of the potential dangers of bovine-based formulas when fed to premature newborns. In Illinois, an MDL has been filed which currently has 122 plaintiffs, with many more expected in the coming months. Since Mead and Abbott are both based in Illinois, jurisdictional exceptions will likely not be raised.

What NEC Signs and Symptoms Should You Be Aware Of?

Necrotizing enterocolitis is a disease of the intestine that results in inflammation, perhaps even perforations in the intestine. You may notice that your baby is fussier than normal, or perhaps lethargic. The baby’s belly may be distended, red, inflamed, and tender. The baby may have diarrhea that could contain blood. Other common signs and symptoms of necrotizing enterocolitis in newborns include:

• Rapid or unusual changes in body temperature
• Changes in heart rate
• Vomit that is green or yellow
• Lethargy
• Lack of weight gain
• Metabolic acidosis
• Jaundiced appearance
• Low blood pressure
• Abnormal breathing patterns
• Lack of appetite
• Sleep apnea

Intestinal rehabilitation is a process where the intestine is gradually restored to “normal, which allows the baby to digest foods and absorb nutrients normally. Intestinal rehabilitation is accomplished slowly, using diet and medications. In some cases, surgery will be a part of the intestinal rehabilitation. IV nutrition given in cases of necrotizing enterocolitis must be extremely targeted to minimize the occurrence of liver disease and keep the baby growing normally. Depending on the severity of the necrotizing enterocolitis, your baby’s needs will determine nutritional and gastrointestinal care and careful monitoring will be necessary.

Are There Long-Term Complications from Necrotizing Enterocolitis?

Unfortunately, severe cases of necrotizing enterocolitis can cause long-term complications. Impairments like cerebral palsy, along with hearing and vision issues may result. Cognitive and psychomotor impairments can be apparent at 20 months and beyond. By the time the child goes to school, cognitive deficits may persist, including a lower IQ, poor attention span, and poor visual perception. Poor memory can persist into adulthood. There are other long-term effects of necrotizing enterocolitis such as:

• Short bowel syndrome is a common complication among babies with NEC that have undergone surgery to remove pieces of their intestine. Major feeding difficulties can result from short bowel syndrome, preventing the child from absorbing the necessary nutrients needed to grow and thrive.
• Intestinal strictures may develop months, or even years after an infant had necrotizing enterocolitis. These strictures narrow the intestine due to scarring, leading to abdominal discomfort, and interfering with the overall quality of life.
• A liver disease known as cholestasis is also common among children that had necrotizing enterocolitis as an infant. Cholestasis causes reduced bile flow and can cause resulting issues. Bile that is unable to flow leaks into the bloodstream, backing up into the body’s organs, and causing severe inflammation.

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

If you are considering filing a baby formula lawsuit, you must be aware of the statute of limitations in your state that governs the amount of time you have in which to file a civil lawsuit. The statutes of limitations vary from state to state, as well as between different types of civil lawsuits—medical malpractice, personal injury, product liability, and wrongful death. While the statutes of limitations are generally absolute, there are certain exceptions—in some states. One of these exceptions is known as the Discovery Rule. Perhaps you did not discover your injury within the allotted amount of time or did not immediately tie your injury to medical malpractice or a defective or dangerous product.

In states which allow the Discovery Rule, the question will be whether another reasonable person, given the same set of circumstances, would not have discovered the injury or harm within the allowed statute of limitations. The other exception is known as the statutes of repose and generally apply to product liability claims, or, in some cases, medical malpractice claims. In a product liability claim the statute of repose may extend the time so it begins to run when the product is manufactured, distributed, bought, or sold. The statutes of limitations can be extremely complex and can benefit significantly from having a knowledgeable NEC baby formula lawsuit attorney help you interpret them. In the state of South Dakota, the following statutes of limitations apply:

• A wrongful death lawsuit in the state of South Dakota has a three-year statute of limitations. The Discovery Rule does not apply in South Dakota wrongful death cases, so the three-year statute is absolute.
• Personal injury lawsuits in the state of South Dakota have a three-year statute of limitations, with no Discovery Rule. This means you have three years from the date of the accident that caused your injuries to file a personal injury lawsuit.
• South Dakota medical malpractice claims have a two-year statute of limitations, again, with no Discovery Rule, rather the statute begins to run on the date of the occurrence of the medical malpractice.
• Product liability claims in the state of South Dakota must be brought within three years from the date of the injury resulting from a dangerous or defective product, or within three years from the date the injury resulting from a dangerous or defective product should have been discovered.

How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?

You could definitely benefit from speaking to a knowledgeable NEC baby formula lawsuit attorney from Sullo & Sullo if your baby developed necrotizing enterocolitis after being fed a bovine-based formula. We will answer all your questions in a comprehensive, yet easy-to- understand manner while assessing the facts and circumstances of your potential Similac and Enfamil lawsuit. We will then handle all the details of your baby formula lawsuit, holding those liable who are responsible for your baby’s necrotizing enterocolitis. If you live in any of the following South Dakota locales, we can help you get through this difficult time.

Sioux Falls, South Dakota

Rapid City, South Dakota

Aberdeen, South Dakota

Brookings, South Dakota

Watertown, South Dakota

Mitchell, South Dakota

Yankton, South Dakota

Pierre, South Dakota