What You Must Know About Necrotizing Enterocolitis Lawsuits - Necrotizing enterocolitis is a serious disease that can affect newborns, usually infants who are born prematurely “Premature” babies are those born before 37 weeks; NEC is even more common among those infants born before 32 weeks or weighing less than three and a half pounds. Necrotizing enterocolitis is serious and is one of the most common gastrointestinal emergencies among newborns. While any newborn can potentially get NEC, full-term, healthy babies are unlikely to get this disease.

NEC causes the lining of the intestine, known as the mucosa, to get inflamed. This inflammation damages and can kill the intestinal tissues. Researchers believe that the combination of an immature, underdeveloped digestive system, coupled with the baby being fed a cow’s milk-based formula can cause necrotizing enterocolitis. When there are insufficient blood and oxygen supplies reaching the intestinal tissues, the formula moves into these weakened areas, damaging intestinal tissues.  

A perforation can occur in the intestine, leading to sepsis—a severe infection in the baby’s belly. Babies who are exclusively fed breast milk are very unlikely to get NEC, however, many premature babies are fed bovine-based formula either alone or in conjunction with breast milk to help the baby gain weight. As a parent of a baby diagnosed with NEC, you likely have many questions regarding whether a Similac lawsuit is right for you and your family. A lawsuit can help you pay the expenses associated with your baby’s NEC diagnosis.

If your infant is likely to have long-term issues from the NEC, a lawsuit will certainly help with these expenses as well. Just as important, the manufacturers of these cow’s milk-based formulas must be held accountable for failing to warn parents and medical professionals of the potential harm. The primary manufacturers of bovine-based formulas are Abbott Laboratories and Mead Johnson, the makers of Enfamil and Similac. The following formulas made by these companies may contribute to necrotizing enterocolitis.

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 Dangers of NEC? The short-term dangers of necrotizing enterocolitis include surgical risks, intestinal failure, and NEC Totalis, which is the complete failure of the intestine. Babies who undergo surgery are much more likely to have long-term medical issues associated with necrotizing enterocolitis, while NEC Totalis is often fatal. Infants who survive NEC Totalis will almost certainly live with short bowel syndrome.

Short bowel syndrome typically occurs among those who have had at least half of their small intestine removed, along with all or part of the large intestine. Short bowel syndrome causes health issues associated with poor absorption of nutrients. Those with short bowel syndrome may experience chronic bloating, diarrhea cramping, gas, vomiting, weakness, heartburn, and excessive fatigue. Those with short bowel syndrome may need to drink lots of fluids, take nutritional supplements, eat small, frequent meals, and use medications to treat their chronic diarrhea.

Other long-term symptoms of NEC could include neurodevelopmental delays, including vision and hearing problems as well as cerebral palsy. Cognitive impairments are possible, causing poor educational, motor, and behavioral outcomes in childhood along with poor memory performance as an adult. Failure to thrive is common among children who had NEC as an infant. Failure to thrive leads to an inability to reach normal growth milestones.

Intestinal strictures occur in 6-33 percent of children with a prior NEC diagnosis. A stricture occurs when the intestine narrows so much that food cannot easily pass through. Cholestasis is a liver disease characterized by blocked or significantly reduced bile flow and is especially common among infants who had a severe case of NEC. Unfortunately, not all preterm infants with NEC will survive because of their already-fragile state; NEC is the most common cause of death among low-birth-weight babies.   

What Are the Most Common Necrotizing Enterocolitis Symptoms? If your infant has necrotizing enterocolitis, you may initially notice that he or she is not as active as normal and could be extremely lethargic. If you press on the baby’s belly, they may cry out in pain, as there are likely to be some tender areas. The baby’s tummy could be distended, and discolored—red, bright pink, or purple. Other signs and symptoms of NEC include:

• 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
• Fluid in the abdominal cavity
• Infection in the tissue lining of the stomach
• Difficulty breathing

How the Alabama NEC Statute of Limitations Could Affect Your Similac and Enfamil Lawsuit - If you are a parent whose baby was diagnosed with necrotizing enterocolitis after being given a cow’s milk-based formula while in the hospital, you might want to consider filing an NEC baby formula lawsuit. Your child could have been gravely injured by NEC and, as a parent, you were not likely told about the potential for your premature baby to develop NEC when these formulas were used.

Your right to bring such a lawsuit will depend on the Alabama state statutes of limitations. Each state sets its own statutes of limitations which define the window of time in which plaintiffs have to file a claim. This time limit could be the same for each type of claim (wrongful death, personal injury, medical malpractice, or product liability) or could be different, depending on the type of claim.

These statutes are extremely important to your ability to bring a Similac and Enfamil lawsuit, making it crucial that you speak to a knowledgeable NEC baby formula lawsuit attorney. Even if you believe your window of time has passed, speak to an attorney, as there are certain exceptions, including the Discovery Rule and statutes of repose. The Alabama statutes of limitations are as follows:

• The state of Alabama has a two-year statute of limitations for a wrongful death claim and does not accept the Discovery Rule. This means that the two-year window of time is strictly followed, so your wrongful death claim must be filed within two years from the date of the death.
• Alabama’s personal injury statute of limitations is also two years and does not include the Discovery Rule.
• If you are filing a medical malpractice claim in the state of Alabama, the statute of limitations is two years with certain exceptions. Under the Discovery Rule, if an injury victim does not realize they have an injury or did not know malpractice occurred, they have six months from the date of this discovery to file a medical malpractice claim—so long as they can reasonably prove they did not know that their injury was due to medical malpractice within the two-year statute. The statute of repose in Alabama may also apply. This statute states all Alabama medical malpractice claims must be filed within four years of the malpractice incident. The Discovery Rule is overridden by the statute of repose, meaning you have four years total to bring a medical malpractice claim.
• A product liability claim in the state of Alabama also has a two-year statute of limitations, however, if you were not immediately aware of the injury, the limited Discovery Rule in the state gives you an additional year from when you discovered—or reasonably should have discovered—the harm or injury resulting from a defective or dangerous product.

Getting the Help You Need from an Experienced NEC Baby Formula Lawsuit Attorney - If your baby was diagnosed with NEC after being given a baby formula like Similac or Enfamil that is cow’s milk-based, you may want to consider speaking to a knowledgeable NEC baby formula lawsuit attorney from Sullo & Sullo. Our attorneys will skillfully guide you through the process after thoroughly answering all your questions and helping you ensure this is the right step for you and your family. If you live in any of the following Alabama cities, you may benefit from contacting a skilled NEC baby formula lawsuit attorney.

Auburn, Alabama

Tuscaloosa, Alabama

Mobile, Alabama

Montgomery, Alabama

Birmingham, Alabama

Huntsville, Alabama

Hoover, Alabama