What Is Necrotizing Enterocolitis?

You may not have ever heard of necrotizing enterocolitis until your infant was diagnosed with the disease. Necrotizing enterocolitis or NEC is a gastrointestinal disease that infects and inflames the intestines. In some cases, portions of the intestine may be perforated, requiring a surgical procedure to cut out the dead parts. About one in every 2,000-4,000 premature infants will be affected by NEC, making it one of the more common gastrointestinal emergencies among preterm infants. Infants that weigh less than 4.5 pounds at birth are much more likely to be diagnosed with NEC; full-term, healthy babies rarely have necrotizing enterocolitis.

A significant factor in premature infants diagnosed with NEC is that they were fed a cow’s milk-based formula—either exclusively, or in conjunction with breast milk, to help them gain weight. It is theorized that the combination of an immature digestive system and a bovine-based formula can cause significant bacteria and inflammation in the intestines of the affected babies. Babies who are exclusively fed breast milk are unlikely to develop NEC.

Infants who also have difficulty with oxygen circulation are even more likely to be diagnosed with necrotizing enterocolitis. In some instances, a premature baby’s formula may be given through a tube that goes directly into the baby’s stomach. Abbott Laboratories and Mead Johnson are the largest manufacturers of these cow’s milk-based formulas, as they manufacture Enfamil and Similac—the two formulas most often fed in hospitals.

What Are the Signs and Symptoms of Necrotizing Enterocolitis?

Your infant’s doctor may perform a physical examination of the baby, to check for swelling and tenderness in the belly. The physician may feel a mass, which likely indicates a perforation in the intestine. The belly may be red, purple, or bright pink, and when an abdominal X-ray is done, the abdominal walls may appear red and inflamed. If the X-ray shows small bubbles in the wall of the intestine, necrotizing enterocolitis is likely. In more severe cases, an X-ray could reveal air or gas in the large liver veins, which is produced by bacteria in the wall of the bowel.

A baby with necrotizing enterocolitis could vomit green bile, be unusually lethargic, and have changes in the heart rate. Rapid or unusual changes in body temperature may occur, and the baby may refuse to eat. Unusual fussiness or irritability is common among babies with NEC, as well as diarrhea that may contain blood. Some babies with NEC will exhibit abnormal breathing patterns or even apnea (the breathing momentarily stops). Low blood pressure, lack of appetite, a jaundiced appearance, and metabolic acidosis are also symptoms of necrotizing enterocolitis.

Medical treatments for NEC may include the cessation of oral feeding, and letting the baby receive nutrients and liquids through an IV. A nasogastric tube may be placed that extends from the nose into the stomach to suction air and fluids from the baby’s stomach and intestine in to relieve swelling and discomfort. Antibiotics will likely be started, and frequent blood tests performed to check for infection. In some cases, the swelling of the abdomen will interfere with the baby’s breathing, so oxygen or mechanically assisted breathing may be necessary. More severe cases of NEC may require platelet and red blood cell transfusions. If your baby fails to respond to medical treatments and there is a perforation in the intestine, surgery will be necessary to cut out the dead portion of the intestines.

What is NEC Totalis?

Sometimes, necrotizing enterocolitis will turn into NEC Totalis—an aggressive form of necrotizing enterocolitis which has usually resulted in the death of the infant in the past. Advances in the management of short bowel syndrome have changed that, and now more infants are surviving NEC Totalis. In an infant with NEC Totalis, necrosis is evident in both the small and large intestine. Survivors of NEC will almost certainly deal with short bowel syndrome which can lead to failure to thrive and grow, along with many other serious medical symptoms.

Could Your Necrotizing Enterocolitis Lawsuit Be Affected by the Indiana Statutes of Limitations?

If your baby developed necrotizing enterocolitis, an NEC formula lawsuit may be the last thing on your mind—right now. While that is as it should be, medical expenses to treat NEC, as well as the expenses related to potential long-term issues can be prohibitively expensive. If you might ever consider filing an NEC formula lawsuit, it is imperative that you are aware of your state’s statutes of limitations. These statutes of limitations are set by each individual state and can vary significantly between states as well as between types of claims (medical malpractice, personal injury, wrongful death, and product liability). 

In some cases, the Discovery Rule must also be considered. The Discovery Rule allows extra time when an injury was not known until after the statute had run. Some states also have statutes of repose which generally apply to product liability claims and in some cases, to medical malpractice claims. Since the statutes can be extremely difficult to understand and apply, you must speak to a knowledgeable NEC baby formula lawsuit attorney who can help you determine whether your claim is within the allotted time frame. In the state of Indiana, the following statutes of limitations apply:

• Wrongful death claims must be brought within two years of the date of your loved one’s death. Indiana does not accept the Discovery Rule for wrongful death claims, so the two-year statute is firm.
• Personal injury claims in the state of Indiana also have a two-year statute of limitations, however, in certain instances, the Discovery Rule may apply when the plaintiff did not know of the injuries until later.
• Medical malpractice claims also implement the Discovery Rule, allowing plaintiffs two years from the date of discovery of the injury to file a medical malpractice claim against a medical professional. Indiana has additional medical malpractice rules related to the statutes: 1) If a person sues for more than $15,000 for a medical malpractice claim, the patient must first submit a complaint to a medical malpractice review panel before the case can go to court. The statute will stop running for 90 days after the patient receives the opinion from the panel. 2) The two-year statute does not apply if a medical professional committed an act of deception that prevented the discovery of the injury, and 3) If the negligence was part of a continuing course of conduct, the statute does not begin to run until that conduct ends.
• Product liability claims in the state of Indiana have a two-year statute of limitations and also have a statute of repose which allows ten years after the delivery of the product to the initial user or consumer when the injury or harm might not reasonably have been discovered within the two-year period.

Why Should You Speak to a Knowledgeable NEC Baby Formula Lawsuit Attorney?

If your baby was diagnosed with NEC, you may consider filing a Similac and Enfamil lawsuit. Of course, this may be the last thing on your mind right now, but there are two persuasive reasons why filing a baby formula lawsuit could be the best thing for your family. The time your baby has spent in the hospital has likely been extremely expensive. If your baby underwent surgery, the costs are even higher. Even those with health insurance can find it difficult—if not impossible—to keep up with their portion of the medical expenses. If your child is likely to have long-term health issues associated with his or her NEC, you can expect these costs to continue for a very long time.

A lawsuit can provide you with the financial resources necessary to ensure your child receives the very best medical treatments possible. The other reason you should consider an NEC lawsuit is that the manufacturers of the cow’s milk-based formulas did not warn parents of the potential risks of feeding these formulas to premature babies. A lawsuit will force Abbott Laboratories, Mead Johnson, and other manufacturers to provide warnings of the potential risks of their formula. It can be very beneficial for you to speak to a knowledgeable NEC baby formula lawsuit attorney from Sullo & Sullo if you live in one of the following Indiana locales.

Indianapolis, Indiana

Fort Wayne, Indiana

Evansville, Indiana

South Bend, Indiana

Carmel, Indiana

Bloomington, Indiana

Fishers, Indiana

Hammond, Indiana