How Cow’s Milk-Based Formula Could Cause NEC in Your Infant

Medical studies have indicated a link between cow’s milk-based baby formula and a medical illness known as necrotizing enterocolitis. Necrotizing enterocolitis is a disease that impacts the intestines of infants—primarily infants who are born before the 37th week. Premature infants who consumed only breast milk were not found to be at risk of necrotizing enterocolitis. It is believed that bacteria from the cow’s milk in formula infects the underdeveloped digestive systems of premature infants, causing infection and perforations in the intestines of these preemies.

Once the intestines of an infant experience a perforation, digestive fluids and fecal matter can leak into the abdomen, resulting in sepsis, which can be fatal. Many premature babies are given a cow’s milk-based formula, either as their only food or as a supplement to breast milk in an effort to provide the extra nutrition these low-weight, underdeveloped babies need to help their growth. Many brands of formula are bovine-based—the largest manufacturers of these formulas are Abbott Laboratories and Mead Johnson. The implicated formulas manufactured by these two include:

• Similac Alimentum and Alimentum Expert Care, Similac NeoSure, Similac Human Milk Fortifier powder and concentrated liquid, Similac Special Care, Similac Liquid Protein Fortifier, Similac Special Care 20, Similac Special Care 24, Similac Special Care 24 High Protein, Similac Special Care 30, Similac Human Milk Fortifier Hydrolyzed Protein—Concentrated Liquid
• Enfamil Human Milk Fortifier Acidified Liquid (and powder), Enfacare Powder, Enfamil Premature 20 Cal, Enfamil NeuroPro Enfacare, Enfamil Milk Fortifier Liquid Standard Protein, Enfamil Human Milk Fortifier Liquid High Protein, Enfamil Premature 24 Cal, Enfamil Premature 24 Cal HP, Enfamil Premature 30 Cal, Enfamil 24 DHA and AR Supplement

While there have been no recalls by the FDA of these formulas that can potentially cause NEC in infants, Mead Johnson and Abbott Laboratories reportedly were aware of the issues more than thirty years ago. If your baby was fed cow’s milk-based formulas like Similac and Enfamil while at the hospital, then developed NEC, you may benefit from speaking to a knowledgeable NEC baby formula lawsuit attorney.

What Are the Necrotizing Enterocolitis Signs and Symptoms?

If you or the hospital staff notices any of the following signs and symptoms of necrotizing enterocolitis, it is essential that immediate medical interventions occur:

• The baby’s belly is tender, red, or swollen
• The baby is having difficulty feeding
• Food is staying in the stomach longer than expected
• The baby is constipated or has diarrhea or dark, bloody stools
• The baby seems lethargic or less active than normal
• The baby is exhibiting a lower-than-normal or unstable body temperature
• Pauses in breathing are occurring
• Green bile is vomited
• The baby’s heart rate has slowed
• The baby has lower-than-normal blood pressure

Symptoms of NEC may vary from one baby to another. NEC is not always easy to notice, as some of the symptoms are common among premature babies. Your baby may be having other digestive issues, as well as those listed above. While there is no single cause of necrotizing enterocolitis, what we do know is that full-term, healthy babies are virtually never diagnosed with NEC. The underdeveloped digestive system of premature babies is likely the underlying cause of NEC, however, when a premature baby is fed a cow’s milk-based formula, the likelihood of that baby developing NEC increases.

Heavy growth of bacteria in the intestines that erodes the intestinal wall, and too little oxygen or blood flow to the intestines at birth or later have both been noted as “causes” of NEC. While NEC does not spread from one infant to another, a virus or bacteria that cause it could. Babies born before the 32nd week are at the highest risk of developing NEC and will usually do so within the first 2-4 weeks of life.

Consequences of NEC Such as Intestinal Failure and NEC Totalis

Infants who respond to treatments like withholding oral feedings, administering a stomach tube or IV procedure, draining of fluids from the abdomen, or administering antibiotics, may be able to resume normal feedings by mouth within 5-7 days, or when all signs of infection have disappeared. Infants whose NEC is more severe could require longer for their bowel functions to return to normal. When an infant fails to respond to these medical treatments and their condition worsens, surgery will likely be required. During an NEC surgical procedure, the surgeon may find necrotic or perforated portions of the intestine. These portions will be removed, preserving as much healthy intestine as possible.

Intestinal failure and NEC Totalis are both potential consequences of NEC. Intestinal failure is a malabsorption disorder that affects premature babies who survive severe NEC, triggering long-term dependency on parenteral nutrition (the IV administration of nutrition). The incidence of intestinal failure is more common among infants who require surgery to treat their NEC. NEC Totalis is a severe form of NEC which about 10 percent of infants with NEC will develop. NEC Totalis progresses rapidly, involving most if not the entire bowel and requiring aggressive medical management.

How Might the District of Columbia Statute of Limitations Affect Your Enfamil Lawsuit?

If you are considering filing a Similac and Enfamil lawsuit after your baby developed necrotizing enterocolitis as a result of these cow’s milk-based formulas, you must be aware of the statutes of limitations and how they might apply to an NEC lawsuit. Each state, as well as the District of Columbia, sets its own statutes which are windows of time in which plaintiffs are able to file a wrongful death claim, a personal injury claim, a product liability claim, or a medical malpractice claim.

In some instances, in some states, the Discovery Rule might also apply, as well as the statutes of repose. The Discovery Rule allows exceptions to the statutes when injuries or harm are not discovered until later. Statutes of limitations can be complex as in some cases they do not begin to run until the injury is discovered or should have been discovered. The Discovery Rule in a wrongful death claim allows the plaintiff bringing the lawsuit to not only go by the date of the actual death but also to bring a wrongful death claim later when the cause of the death is discovered or should have been discovered. In Washington D.C., the statutes of limitations are as follows:

• For a wrongful death claim, the District of Columbia offers no Discovery Rule, therefore, a wrongful death lawsuit must be brought within two years of the actual death.
• A personal injury claim in D.C. has a statute of three years, calculated either from the date on which the negligent act occurred, or, in some cases from the date the harm is discovered.
• A medical malpractice claim must be brought within three years of the date the harm was suffered, or three years from the discovery of the harm.
• A product liability claim in the District of Columbia must be brought within three years of the time the injury from the product occurred.

It is essential that you speak to a knowledgeable NEC baby formula lawsuit attorney rather than attempting to determine the statute of limitations on your own.

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

If your baby has necrotizing enterocolitis or had it as an infant, you are well aware of the many challenges associated with NEC. Your baby may have suffered severely from NEC or could have even died. Your child may now be experiencing traumatic effects from having NEC as an infant. If you were not told that the cow’s milk-based formula given to your premature baby could potentially cause NEC, you may want to consider an NEC baby formula lawsuit. While a lawsuit cannot change what happened to your baby, it can accomplish two major things. A lawsuit can help ensure that formula manufacturers are required to warn hospitals and parents about the potential harm of feeding a cow’s milk-based formula to a premature infant.

A Similac and Enfamil formula lawsuit can also help ensure that your child receives the very best medical care for his or her NEC symptoms. Even if you think you may have missed your window of opportunity for filing an NEC baby formula lawsuit, it is imperative that you speak to a highly-qualified NEC baby formula lawsuit attorney from Sullo & Sullo. Your attorney will take all the facts of your infant’s NEC diagnosis into consideration, then help you explore all options related to pursuing compensation for medical expenses, pain and suffering, and more.