How Might Your Infant Be Affected by Necrotizing Enterocolitis?

Necrotizing enterocolitis is essentially the death of intestinal tissues that primarily affects premature infants or newborns that have other health issues. The lining of the intestinal wall can die, causing the tissue to fall off when NEC is present. Since NEC rarely occurs in full-term healthy newborns, it is theorized that the digestive system of newborns is not fully developed. A decrease in blood flow to the bowel can prevent the bowel from producing mucus that protects the immature gastrointestinal tract.

Babies with a higher risk of NEC are those who are born earlier than 37 weeks, and who have been fed cow’s milk-based formula. These formulas are often given to premature newborns either in conjunction with breast milk to help them gain weight, or as the sole source of nutrition. The development of symptoms of NEC (listed below), could require an abdominal X-ray to confirm the diagnosis. If there is a bubbly appearance in the wall of the intestine or air is seen in the peritoneal cavity, the diagnosis may be confirmed.

The radiologist might also see air in the vein of the liver (the portal vein) swollen intestines, or a lack of gas in the abdomen to confirm necrotizing enterocolitis. Your doctor may also look for blood in your baby’s stool, perform blood tests to check for infection, or test for lactic acid which may indicate a lack of oxygen or an infection that is increasing the metabolic rate.

Even though formula manufacturers such as Abbott Laboratories and Mead Johnson who manufacture Enfamil and Similac have known that these cow’s milk-based formulas can contribute to NEC since the 1990s, they have not warned parents about the potential hazards. Because of this failure to warn, parents of a baby diagnosed with NEC could potentially have a baby formula lawsuit.

What are the Common Symptoms of Necrotizing Enterocolitis?

Infants with necrotizing enterocolitis often have difficulty tolerating formula. This may lead parents and medical caregivers to try alternatives to cow’s milk-based formula, however, the damage to the intestines and bowel may already be done. Feeding intolerance signs can include crying during a feeding, excessive spitting up or vomiting, excess gas, or even gagging while feeding.

Diarrhea is common among babies with NEC and may be one of the first symptoms of necrotizing enterocolitis and there may be blood in the stool. Babies with NEC may exhibit abdominal distention as fluids and gases are trapped in the abdomen. The stomach may appear larger than the rest of the body, and the baby may exhibit signs of pain. Not only may the belly of a baby with NEC be distended, but it could also be red, bright pink, blue, or may appear bruised, with veins showing through the skin.

Your baby may fail to thrive when he or she has NEC. Failure to thrive can include fussiness, excessive sleepiness, lethargy, and failure to gain weight. The fluid that remains in the stomach after feeding is known as gastric residuals. If a doctor suspects an infant has a feeding intolerance, he may check these gastric residuals; if a high level of fluid is remaining in the stomach, feeding tolerance is indicated. Babies with NEC may develop peritonitis, which is inflammation of the inner abdominal wall. Fever and weight loss often accompany peritonitis, and the abdomen may have tender spots. When necrotizing enterocolitis has advanced, your baby may experience low blood pressure that causes lethargy, fussiness, irritability, and vomiting. The bile could be green in babies with necrotizing enterocolitis.

What Happens After Your Infant Is Diagnosed with NEC?

Once your baby has a definitive diagnosis of NEC, the treatment will depend on how serious the disease is. If there are no perforations in the bowel or intestines, surgery will likely be required. A nasogastric tube may be placed through your baby’s nose into the stomach. The NG tube will remain until the baby’s intestines have healed and regular feedings can resume. IV fluids will be given to your baby to prevent dehydration and administer nutrients, as well as to keep the baby’s blood pressure at normal levels. Antibiotics may be given to your baby for 10-14 days and X-rays and blood tests will be administered regularly to determine whether your baby’s NEC is healing.

For babies who have a perforated intestine, surgery will be required to remove the dead tissues. The goal of the surgeon will be to leave as much of the intestine as possible, giving your baby the best chance of healing the NEC without long-term complications. Before the surgery, your baby will be given general anesthesia before making an incision above the belly button to open the belly and determine which segment of the intestine is dead. In some instances, your baby will require another surgery within two days to see whether any “sick” (but not dead) parts of the intestine survived or will need to be removed.

If the remainder of the intestines are not healthy or a large part was removed, the baby’s surgeon may not reconnect the intestines, rather could create two small openings in the belly wall of the baby, sewing the upper end of the intestine to one opening in the belly and the lower end to the other opening. These openings, called ostomies, are usually temporary and once your baby is doing better, the intestines will be reconnected to each other—usually about two months after the initial surgery.

Could Your NEC Baby Formula Lawsuit Be Affected by the Connecticut Statute of Limitations?

Statutes of limitations are imposed by states to limit the amount of time an injured party has in which to bring a lawsuit or claim against the defendant. Statutes vary, not only from state to state but in some cases, according to the type of claim at hand. In the case of an NEC baby formula lawsuit, if your baby died as a result of necrotizing enterocolitis caused by cow’s milk-based baby formula you would file a wrongful death claim.

If your baby suffered harm from the baby formula, you would likely file a personal injury claim. In some instances, you might file a medical malpractice claim or a product liability claim. In the case of NEC, since the FDA has not yet issued a warning regarding these formulas when used with premature infants, a product liability claim might not be viable, however, that may change in the future. The Connecticut statutes of limitations are as follows:

• You have two years from the date of the death or five years from the date of the act that caused the death to file a wrongful death claim in the state of Connecticut.
• For personal injury claims, you must bring your claim for damages within two years of the date the injury was sustained. 
• The statute of limitations for medical malpractice claims in Connecticut is two years, however, the Discovery Rule allows victims an extended period of time, beginning from the date the patient discovers or reasonably should have discovered the injury resulting from a medical error.
• Product liability claims in the state have a statute of three years, although the Discovery Rule can extend that time. Connecticut also has statutes of repose which is ten years, and which bars a product liability lawsuit if more than ten years have passed since the defendant had possession of the product.

Statutes of limitations can be extremely complex. Having an experienced NEC baby formula lawsuit attorney by your side can ensure you do not miss this critical date when filing your Similac and Enfamil lawsuit.

Could You Benefit from Speaking to an Experienced NEC Baby Formula Lawsuit Attorney?

If you are considering an Enfamil and Similac baby formula lawsuit, consider speaking to an NEC baby formula lawsuit attorney from Sullo & Sullo to determine whether such a lawsuit could be beneficial for you and your family. Since research has long shown that cow’s milk-based formulas are associated with necrotizing enterocolitis, the manufacturers of these formulas should have warned doctors and parents of the potential risks.

As of March 2023, there were 122 total NEC cases in an MDL lawsuit, while other baby formula lawsuits are being litigated in state courts across the United States. A lawsuit can potentially force baby formula manufacturers to warn parents, and the money you receive can significantly help you pay for the treatments your baby will need now and in the future. If you are in any of the following Connecticut locales, you could benefit from speaking to a knowledgeable NEC baby formula lawsuit attorney who can thoroughly evaluate the facts and circumstances surrounding your baby’s diagnosis of necrotizing enterocolitis.

Bridgeport, Connecticut

New Haven, Connecticut

Hartford, Connecticut

Stamford, Connecticut

Waterbury, Connecticut

Norwalk, Connecticut

Danbury, Connecticut

New Britain, Connecticut