Does Baby Formula Cause NEC in Newborns?

NEC baby formula lawsuits are being filed across the United States by parents whose infants developed NEC after being fed a bovine-based formula. Necrotizing enterocolitis is a disease that primarily strikes premature newborns or newborns with low birth weight. Full-term healthy babies are unlikely to develop NEC and babies who are exclusively fed breast milk are also unlikely to develop necrotizing enterocolitis. While the exact causes of NEC are not fully understood, there are a number of scientific and clinical studies that show cow’s milk-based infant formulas like Similac and Enfamil significantly increase the risk of NEC in premature infants.

The first study to suggest a potential link between bovine-based baby formulas and NEC was published in the Lancet in 1990. This study found that premature babies who are fed formula are about 20 times more likely to develop NEC. Ten years later, a study in the Journal of Pediatrics reached similar conclusions. This study found that infants fed with breast milk were 90 percent less likely to develop NEC as compared to those fed cow’s milk-based formulas like Enfamil and Similac. A more recent study, published in the British Medical Journal on October 14, 2021, adds new fuel to the necrotizing enterocolitis baby formula lawsuits. This study suggests that the manufacturers of bovine-based formulas have funded their own NEC studies that showed a clear lack of transparency while downplaying the risks of NEC among premature babies fed bovine-based formulas.

Necrotizing enterocolitis can be extremely severe; NEC is the 8th leading cause of death among newborns and the second leading cause of death among premature newborns. Despite the fact that Abbott and Mead Johnson were aware of the evidence showing their bovine-based formulas resulted in a significantly increased risk of necrotizing enterocolitis among premature infants, these billion-dollar companies have refused to include a warning stating the NEC risks on their product labeling. Even in the face of growing scientific proof that bovine-based formulas increase the risk of NEC among premature infants, these formulas continue to be marketed as safe, and parents are not warned of the potential risks.

More and more parents of premature babies who were fed Similac and Enfamil cow’s milk-based formulas and subsequently developed necrotizing enterocolitis are filing baby formula lawsuits against Abbott Laboratories and Mead Johnson for failure to warn. An MDL lawsuit is pending in Illinois and currently has 122 plaintiffs. There are additional baby formula lawsuits filed in state courts across the United States. Illinois is likely to become a “hot spot” for new necrotizing enterocolitis formula lawsuits since Abbott and Mead are both headquartered in Illinois and the state is typically favorable to plaintiffs.

Which Baby Formulas May Cause NEC and What Are the Symptoms of NEC?

The Enfamil and Similac baby formulas that are bovine-based and may cause necrotizing enterocolitis include:

Enfamil: DHA-In-Sol, Human Milk Fortifier in liquid and powder, Enspire, 24-Calorie Formula, Nutramigen, NeuroPro Enfacare, NeuroPro Gentlease, Premature Infant Iron Formula 24 Cal and 30 Cal, and Premature 30 and 24 Cal

Similac: 360 Total Care, Special Care 20/24/24 High Protein/30, Special Care, NeoSure, Expert Care Alimentum, Alimentum, Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid, Human Milk Fortifier Powder and Concentrated Liquid, and Liquid Protein Fortifier

Parents are generally the first to notice symptoms of necrotizing enterocolitis as their baby may seem lethargic, unwilling to eat, and the baby’s tummy may be distended, red, and tender to the touch. Other common symptoms of necrotizing enterocolitis may include:

• Fluctuating body temperature
• Green or yellow vomit
• Heart rate changes
• Low blood pressure
• Jaundiced appearance
• Diarrhea with blood in the stool
• Abnormal breathing and periods where breathing stops
• Metabolic acidosis (the kidneys are unable to remove enough acid from the body)

What Are the Most Common Long-Term Effects of NEC on Infants?

One of the most common long-term effects of NEC in newborns may be short bowel syndrome. Short bowel syndrome occurs when NEC destroys or damages part of the small intestine, making it difficult for the child’s body to absorb fluids and nutrients. Children with short bowel syndrome may require lifelong medical interventions to grow and thrive. Some children may need enteral (tube) feedings to get the nutrition they need. Other common long-term effects of NEC include:

• An intestinal stricture is a narrowing of the intestines and occurs in many babies/children who have recovered from NEC. This narrow intestinal area makes it difficult for food to pass through. Repeated cycles of continued inflammation and healing in the lining of the intestine can result in scar tissue replacing normal cells and narrowing the gastrointestinal tract. Less severe strictures may be treated with medication, but for more serious strictures, surgery is likely.
• Failure to thrive and developmental delays are common among babies that survive a serious case of NEC. These children may exhibit growth failure, poor neurodevelopmental outcomes, and developmental delays. Some children will develop cerebral palsy, while others will have vision and hearing deficiencies, and may also be behind their peers in learning.
• Cholestasis is a liver disease characterized by reduced or blocked bile flow. Bile is a digestive fluid produced in the liver that helps to break down fats. When a child has cholestasis, the bile builds up in the liver rather than leaving the liver for the small intestine, eventually entering the bloodstream.

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

Your necrotizing enterocolitis lawsuit could be significantly affected by the statutes of limitations in your state. Each state sets its own statutes of limitations. While some are as short as a year, other states have much longer statutes, with the average being two years. The statute of limitations or window of time may also vary according to the type of claim you are filing, whether a medical malpractice claim, a personal injury claim, a wrongful death claim, or a product liability claim. Some states also implement the Discovery Rule which can extend the statute when the plaintiff did not discover the injury—or could not be reasonably expected to discover the injury—until the statute had passed.

Statutes of Repose in some states can extend the amount of time you have to file a product liability claim depending on the date of manufacture or delivery, or when the product was bought or sold. The statutes of limitations can be complex and confusing. It can be extremely beneficial to speak to an experienced NEC baby formula lawsuit attorney to determine what type of claim you will file, and what your window of time will be. Your attorney can also answer your questions regarding your Similac and Enfamil lawsuit and guide you through the process in the best way possible. The statutes of limitations in the state of Maine include:

• The statute of limitations for wrongful death in the state of Maine is two years. The state does not accept the Discovery Rule for wrongful death claims.
• Personal injury claims in the state have a fairly long six-year statute of limitations.
• Medical malpractice claims in Maine have a three-year statute, although the Discovery Rule can toll the statute until the injury stemming from the medical negligence is discovered or should have been discovered by a reasonable person.
• Product liability claims in Maine have a six-year statute of limitations with no statute of repose.

Is It Time for You to Speak to an Experienced NEC Baby Formula Lawsuit Lawyer?

If your baby developed necrotizing enterocolitis after being fed a cow’s milk-based formula while in the hospital, you could benefit from filing an NEC formula lawsuit—and from speaking to a knowledgeable NEC baby formula lawsuit attorney. The Sullo & Sullo lawyers have a deep understanding of NEC, including the causes of NEC, the signs and symptoms of NEC, NEC treatments, and long-term effects.

We understand that in addition to everything else you have gone through with your baby, NEC can be financially devastating. We also believe that billion-dollar formula companies should be held accountable for their failure to warn parents of the potential dangers of these formulas when fed to premature babies. If you reside in any of the following Maine areas, contact us today for a thorough evaluation of your specific situation.

Portland, Maine

Lewiston, Maine

Bangor, Maine

West Scarborough, Maine

South Portland, Maine

South Portland Gardens, Maine

Auburn, Maine

Biddeford, Maine