What is NEC in Infants?

Necrotizing enterocolitis, also known as NEC, is a common disease of the intestinal tract in which the intestinal tissue lining becomes inflamed and can become necrotic. Typically, infants that are born prematurely—before the 37th week, and particularly before the 32nd week—or full-term infants who have other medical issues are those that develop necrotizing enterocolitis. Infants usually develop the disease between three or four days and four weeks from birth. It is believed that necrotizing enterocolitis strikes premature babies because their digestive systems are underdeveloped, therefore more prone to becoming diseased.

The second component of necrotizing enterocolitis occurs when premature babies are fed a cow’s milk-based formula, which can inflame the already underdeveloped intestines. Babies that only receive breast milk are unlikely to develop necrotizing enterocolitis. Many premature infants are fed these bovine-based formulas in an attempt to help them gain weight and catch up to their full-term peers in terms of growth. Unfortunately, when a cow’s milk-based formula is fed to a premature infant, the result can be very serious, even fatal.

Necrotizing enterocolitis is a very serious disease that can cause long-term effects for some. Few parents are aware of the potential risks of feeding a premature infant a bovine-based formula. Hospital personnel are also largely unaware of these risks because the baby formula manufacturers have not issued any warnings, even though they have known for decades about these specific risks. In 1990, a study was published that definitively concluded that when premature newborns are fed a cow’s milk-based formula, they have a significantly higher risk of developing necrotizing enterocolitis.

Since that time, additional studies have confirmed this risk, yet large formula manufacturers like Mead Johnson and Abbott Laboratories have simply ignored these risks. If you are a parent whose infant developed necrotizing enterocolitis after being fed a bovine-based formula like Similac or Enfamil, you may want to consider filing a baby formula lawsuit. This decision can be made much easier by speaking to a knowledgeable NEC baby formula lawsuit attorney from Sullo & Sullo.

We can answer all your questions and comprehensively assess your individual situation. Your medical bills associated with your baby’s necrotizing enterocolitis may already be overwhelming. If your baby ends up with long-term effects from his or her necrotizing enterocolitis, those expenses may continue for many years. Aside from the financial issues, Abbot, Mead, and other large baby formula manufacturers had an obligation to warn about the potential risks of feeding their bovine-based formulas to premature newborns and ignored this obligation.

What Are the Symptoms of NEC in Newborns?

Necrotizing enterocolitis symptoms vary significantly from one infant to another, however, there are clear markers of the disease that you as a parent may notice even before the hospital staff notices. Your baby may seem especially fussy or may be lethargic and unwilling to eat. You may notice that the baby’s tummy is distended, that there are tender spots when touched on the stomach, or that the stomach is red, bright pink, or purple. Additional NEC signs and symptoms include:

• Diarrhea, sometimes containing blood
• A drop in blood pressure
• Vomiting green liquid
• Infection in the tissue lining of the stomach
• Difficulty breathing
• Fluid in the abdominal cavity
• A jaundiced appearance
• 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

What Are the Benefits of an NEC Baby Formula Lawsuit?

An MDL (Multi-District Litigation) has been filed in Illinois by parents of babies who were harmed after being fed a bovine-based formula while in the hospital. This MDL currently has more than 122 plaintiffs, with many more expected in the coming months. 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 can be extremely helpful to speak to a knowledgeable NEC baby formula lawsuit attorney regarding a Similac and Enfamil lawsuit.

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

The statutes of limitations dictate the amount of time you have to file a claim against the negligent party or entity that is responsible for your injury or harm. Every state sets its own statutes of limitations that can vary significantly from state to state and can also vary according to the type of lawsuit—medical malpractice, personal liability, wrongful death, or product liability. While the statutes of limitations are considered “absolute,” there are certain exceptions in some states. One of these exceptions is known as the Discovery Rule. Suppose your statute of limitations in a personal injury lawsuit is two years, but you did not discover that your injury was the result of another’s negligence until after that two-year period had run.

The Discovery Rule gives you additional time when you did not discover the injury, so long as another reasonable person, given the same set of circumstances, also would not have discovered the injury. Some states also have statutes of repose, usually in conjunction with a product liability case or sometimes a medical malpractice case. In a product liability case, the statute of repose can extend the time based on when the product was manufactured, delivered or distributed, bought, or sold. Because the statutes in your state can be complex, it is important that you have a knowledgeable NEC baby formula lawsuit attorney who can accurately determine when your statutes will run. In the state of Wisconsin, the following statutes apply:

• Personal injury lawsuits in the state of Wisconsin have a three-year statute of limitations from the date of the accident. The Discovery Rule does apply in personal injury lawsuits, allowing extra time when the injury was not discovered and could not have reasonably been discovered within the allotted time. In Wisconsin, you have one year from the date the injury was discovered, however, no more than five years can pass from the date of the accident that caused your injury.
• Wrongful death lawsuits must be filed within three years from the date of the death. The Discovery Rule applies, allowing extra time when the cause of the death was not known within the allowed time.
• Product liability lawsuits in the state of Wisconsin must be filed within three years. While the Discovery Rule applies, Wisconsin’s statute of repose only applies in construction cases.
• The medical malpractice statute of limitations in the state of Wisconsin dictates that a lawsuit must be filed within three years from the date of the injury or within one year from the date the injury was discovered or should reasonably have been discovered. No more than five years can pass from the date of the act or omission that led to the medical malpractice.

How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?

Necrotizing enterocolitis is a very serious disease that can be, at least in part, avoided by letting parents know of the risks associated with feeding a bovine-based formula to their premature newborn. If your baby was fed a cow’s milk-based formula and then developed necrotizing enterocolitis, you may wonder whether it could benefit your family to file a baby formula lawsuit. Speaking to a knowledgeable NEC baby formula lawsuit attorney from Sullo & Sullo can help you make this important decision. If you live in any of the following Wisconsin areas, we are ready to speak to you about an NEC baby formula lawsuit.

Milwaukee, Wisconsin

Madison, Wisconsin

Green Bay, Wisconsin

Kenosha, Wisconsin

Racine, Wisconsin

Appleton, Wisconsin

Waukesha, Wisconsin

Oshkosh, Wisconsin