What is Necrotizing Enterocolitis and How Could It Affect Your Newborn?

If you are the parent of a newborn who was born prematurely, necrotizing enterocolitis may be something you must worry about. Necrotizing enterocolitis primarily strikes premature infants, specifically those born before 37 weeks, and most often, those born before 32 weeks. Full-term healthy babies rarely have necrotizing enterocolitis and premature babies who are exclusively fed breast milk also seem to be less likely to develop NEC. On the other hand, premature infants who are fed a cow’s milk-based formula, either exclusively or in conjunction with breast milk, appear to be at a much higher risk of developing necrotizing enterocolitis.

While NEC is relatively common in most neonatal intensive care units, it is also one of the most severe complications of preterm birth, occurring in 5-10 percent of very low birth weight babies. Surgical treatment is often necessary, and infants who survive NEC could potentially be at risk for neurodevelopmental impairments and failure to thrive. Preterm infants usually have an underdeveloped digestive system which, when combined with bovine-based formulas, significantly increases the risk of necrotizing enterocolitis. Unfortunately, the manufacturers of these cow’s milk-based formulas (like some types of Enfamil and Similac), do not warn parents of premature babies of the potential risks associated with these formulas.

What Are the Necrotizing Enterocolitis Signs and Symptoms?

Necrotizing enterocolitis can cause perforations of the intestine, scarring or strictures of the intestine, problems with food absorption when a large portion of the intestine is removed, and severe infection. While there are many signs and symptoms of necrotizing enterocolitis, the following are the most common and generally develop within the first four weeks after birth, often within the first two weeks.

• Bloating and distention of the belly
• Redness and pain in the belly region
• Diarrhea and/or bloody bowel movements
• Green bile in the stomach
• Lethargy
• Sluggish behavior
• Periods of apnea (stopping breathing)
• A low heart rate and low blood pressure
• Feedings remain in the stomach rather than digesting as normal

Your baby’s doctor will examine your infant, looking specifically for any of the symptoms listed above. If an X-ray of the abdomen shows bubbles in the intestine, this can indicate necrotizing enterocolitis. Air may also be found outside the intestines, in the abdomen and there may be signs of air or gas in the large vein of the liver.

What are the Most Common Treatments for Necrotizing Enterocolitis?

Symptoms of NEC in infants will be treated according to your baby’s gestational age, overall health, and medical history. The physician will take the extent of your baby’s NEC disease into consideration, along with the baby’s tolerance for specific medications, procedures, or therapies. Treatments for necrotizing enterocolitis may include the following:

• A nasogastric (NG) tube from the nose to the stomach may be used to keep the stomach empty.
• All oral feedings will be stopped.
• IV fluids for nutrition and fluid replacement will be implemented.
• Antibiotics may be administered to halt the infection.
• Your baby’s physician will likely take frequent X-rays to monitor the NEC disease progress.
• Isolation procedures may be implemented to ensure the infection does not spread.
• If your baby’s abdomen is so swollen that his or her breathing may be interfered with, extra oxygen or mechanically assisted breathing could be implemented.

If your baby’s case of NEC is severe, surgery to remove the portion of diseased intestine may be performed. In some cases, the intestine may be connected to an opening on the abdomen for a period of time until it can be reconnected after the baby’s health has improved.

How Could the Colorado Statute of Limitations Affect Your Similac Lawsuit?

Your premature baby may have become very ill with necrotizing enterocolitis after being fed a cow’s milk-based formula while in the hospital. Necrotizing enterocolitis is a very serious medical issue that can result in long-term symptoms or even death. If you have decided you should file a Similac and Enfamil lawsuit, you must consider your state’s statutes of limitations. Each state in the U.S. sets statutes of limitations or windows of time in which lawsuits must be filed, depending on the type of claim.

You could be filing a personal injury claim, a wrongful death claim, a medical malpractice claim, or possibly a product liability claim, although since the FDA has not yet issued any warnings regarding these potentially hazardous formulas, a product liability claim is less likely. In some cases, the Discovery Rule may apply when the plaintiff was unaware of the injuries or harm done to them until the statutes have tolled. In the state of Colorado, the statutes of limitations are as follows:

• Wrongful death claims in Colorado have a statute of limitations of two years, although, under certain circumstances, this time may be extended under the Discovery Rule.
• Personal injury claims in the state have a statute of two years except for automobile accidents which have a statute of three years.
• Medical malpractice claims in the state of Colorado have a statute of limitations of two years, which can be extended under the Discovery Rule when the harm from a medical treatment, procedure, or device could not be reasonably known until later.
• If your claim is a product liability claim, you generally have two years from the time you receive an injury from the product to file your claim, however, Colorado also has a statute of repose that can add seven years to the time limit. Statutes of repose effectively bar any cause of action not brought within a specific time period following the occurrence of a defined event (the date the product was manufactured, delivered, purchased, or sold). The Discovery Rule also applies to product liability claims.

The statutes of limitations can be extremely complex and filled with potential variables. It is extremely important that you speak to a knowledgeable NEC baby formula lawsuit attorney who can help you determine when your statute of limitations will expire. Don’t give up, thinking you have missed the deadline, until you have spoken to an attorney.

The Many Benefits of Speaking to a Skilled NEC Baby Formula Lawsuit Lawyer

NEC baby formula lawsuits are now being filed across the United States by parents whose premature infants developed NEC after being given a cow’s milk-based formula after birth. Abbott Laboratories and Mead Johnson are the two largest formula manufacturers, making Enfamil and Similac. These formulas are often given to newborns while in the hospital, either as a supplement to breast milk or in lieu of breast milk.

There is plenty of evidence to suggest that the manufacturers of these bovine-based formulas were aware of the potential risks of NEC to premature infants, yet failed to warn parents or hospitals of this risk. This has triggered Similac and Enfamil lawsuits, both an MDL with more than 122 plaintiffs, as well as various baby formula lawsuits filed in individual states. It is important that you seek experienced legal assistance as quickly as possible.

An NEC baby formula lawsuit attorney from Sullo & Sullo can accurately evaluate your claim to determine its strength, in addition to looking at potential statute of limitation issues. If your baby’s necrotizing enterocolitis were severe enough to cause death, you may be entitled to pursue an NEC wrongful death claim. If you are a resident of one of the following Colorado cities and your baby was diagnosed with necrotizing enterocolitis after being fed a cow’s milk-based formula, you are encouraged to contact a knowledgeable NEC baby formula lawsuit lawyer as quickly as possible.

Denver, Colorado

Colorado Springs, Colorado

Aurora, Colorado

Lakewood, Colorado

Fort Collins, Colorado

Thornton, Colorado

Westminster, Colorado

Arvada, Colorado