What Is Necrotizing Enterocolitis?

Necrotizing enterocolitis is a serious bacterial infection of the intestines that is seen in newborns, especially premature and underweight infants. NEC can be extremely dangerous to newborns as it causes inflammation and death of the intestinal tissues. In more serious cases of NEC, a perforation can form in the intestinal wall, causing bacteria to leak into the abdomen. This is a life-threatening medical emergency that requires surgical intervention. All oral feedings must be stopped, with an IV delivering nutrients and fluids.

A course of antibiotics may be started, and in some cases, a nasogastric tube will be inserted to prevent the baby’s stomach and intestines from filling with air. Medication may be required to help support normal blood pressure, providing sufficient blood flow to the intestines. If necrotizing enterocolitis cannot be treated medically, surgery may be required to cut out the dead intestinal tissues.

Premature babies are much more likely to develop NEC, likely due to their immature, underdeveloped digestive system. When these low birthweight preemies are fed a cow’s milk-based formula, NEC can be the result. The largest baby formula manufacturers in the United States manufacture Similac and Enfamil—the formulas most likely to be given to newborns in hospitals across the nation. These formulas are even sent home with new parents. Unfortunately, the manufacturers of these formulas—Mead Johnson and Abbott Laboratories—have known about the potential dangers of feeding bovine-based formulas to premature infants since a study done in the 90s, yet failed to warn parents and hospitals about the dangers.

Even though bovine-based formulas like Similac and Enfamil are meant to mimic human breast milk, they are simply not the same. Babies who are fed breast milk exclusively are unlikely to develop NEC, yet medical professionals—in an attempt to put weight on the premature baby—often supplement breast milk with formula or exclusively feed a bovine-based formula. Being fed Similac and Enfamil makes infants more likely to develop NEC. Cow’s milk-based formulas may cause bacterial septic overload in the stomach of premature babies, causing perforations in the intestines, along with infection.

Because of this, lawsuits have been filed across the U.S. by parents who were unaware of the dangers of bovine-based formulas when fed to premature newborns. The creation of an MDL for NEC baby formula lawsuits in Illinois now has 122 plaintiffs, with more expected. Since Illinois law tends to be more advantageous to victims than most other states, Illinois is often where these lawsuits are filed. Further, since Mead and Abbott are both based in Illinois, they will not be able to enter jurisdictional objections.

What NEC Symptoms Are Common?

While your baby may have similar symptoms to those listed below, he or she may also have slightly different symptoms. Parents are usually the first to recognize that something is just not right with their baby. Perhaps the infant seems less active, or even downright lethargic. The baby may have tender spots on the tummy, or the tummy may be red and swollen. Most babies with NEC are not interested in feeding or may refuse to eat. The following symptoms may also be present in an infant with NEC:

• Unusual or rapid changes in body temperature
• Heart rate changes
• Green or yellow bile or vomit
• No weight gain
• Blood in the stool
• Constipation or diarrhea
• Apnea—periods where the baby will stop breathing momentarily
• Low blood pressure
• Abnormal breathing patterns
• Jaundice
• Metabolic acidosis

Can There Be Long-Term Effects of Necrotizing Enterocolitis?

Unfortunately, NEC can lead to long-term neurological impairment as well as conditions like cerebral palsy and hearing and vision issues. The NEC infection that begins in the intestinal wall can spread to other organs of the body and can potentially result in cognitive and psychomotor impairments at 20 months and beyond. By the time the child reaches school age, cognitive deficits of severe NEC survivors persist, including poor visual perception, a lower IQ than their peers, and a poor attention span.

Other long-term complications of necrotizing enterocolitis include:

• Failure to thrive and grow—The combined effects of NEC and the treatments that include withholding feeding can contribute to long-term slow physical development. While infants who have a minor case of NEC that is resolved medically may recover completely and quickly catch up with their peers growth-wise, those with more severe NEC can fall behind other children of similar ages in their growth patterns.
• Short bowel syndrome can be the result of surgery to remove the dead portions of the intestine. Short bowel syndrome can result in major feeding difficulties, making the child unable to absorb the nutrition they need to grow and thrive.
• Intestinal strictures develop in a significant number of infants who have had a severe case of NEC. These strictures can make it difficult for food to pass through the intestines. Strictures are the result of NEC damage to the intestines and can occur when scarring is present in the intestine. Strictures can cause abdominal discomfort and pain in the child, interfering with the child’s quality of life.
• Cholestasis is a liver disease that causes reduced bile flow and is common among NEC babies.

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

You may be concerned about how much time you have to file a necrotizing enterocolitis lawsuit—that is, how the Louisiana statutes of limitations could affect your ability to file a claim regarding your child’s injuries related to a diagnosis of necrotizing enterocolitis. If your infant developed necrotizing enterocolitis as a result of being fed a cow’s milk-based formula like Similac or Enfamil, you may be able to hold the manufacturer of the formula accountable for failure to warn.

The statutes of limitations are crucial to your NEC baby formula lawsuit. Statutes are set by individual states and can also vary according to the kind of claim that is being filed (medical malpractice, personal injury, wrongful death, or product liability). Statutes of limitations can be extremely complex as the state may also consider the Discovery Rule and the statutes of repose. The Discovery Rule applies when the injury was not discovered within the allotted time (and it was reasonable that it was not discovered), thus can extend the statute of limitations.

The statute of repose generally applies to product liability claims and can extend the statute based on when the product was manufactured, delivered, bought, or sold. It is important that you speak to a highly skilled NEC baby formula lawsuit attorney regarding how the statutes of limitations may apply to your Similac and Enfamil lawsuit. Louisiana has the following statutes of limitations:

• Wrongful death claims in the state of Louisiana have a very short statute of limitations—one year. The Discovery Rule may apply in death cases where a conclusive cause of death is not established at the time of the death.
• For personal injury claims in Louisiana, the statute is also one year, however, the Discovery Rule may apply in cases where you reasonably did not discover the injury. This means the statute of limitations begins from the moment you become aware of your injury and damages—or the date you reasonably should have become aware of your injury and damages.
• Product liability claims are like personal injury claims—a one-year window of time that can be extended under the Discovery Rule when the injury or harm was not discovered until later. There is no statute of repose in Louisiana that would further extend the statute of limitations.
• Medical malpractice claims in the state of Louisiana have a one-year statute from the date of the medical negligence or omission that caused the injury or harm. The Discovery Rule allows extra time if the injury or malpractice was not discovered within that year, however, you cannot file a medical malpractice claim in the state of Louisiana if more than three years have passed since the injury or negligence occurred.

If your baby was harmed after being given a cow’s milk-based formula after birth, it is essential that you speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo.

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

Perhaps you are considering filing a Similac and Enfamil lawsuit following your baby’s NEC diagnosis after he or she was fed a bovine-based formula. These large formula companies have ignored the research on premature babies, bovine-based formula, and the development of NEC. It can be extremely beneficial for you to speak to an experienced Sullo & Sullo NEC baby formula lawsuit lawyer. We can help you decide whether an NEC formula lawsuit is right for you. If you reside in any of the following Louisiana locales and are considering a baby formula lawsuit, our attorneys are ready to help you during this difficult time.

New Orleans, Louisiana

Baton Rouge, Louisiana

Shreveport, Louisiana

Metairie Terrace, Louisiana

Metairie, Louisiana

Lafayette, Louisiana

Lake Charles, Louisiana

Kenner, Louisiana