Understanding Necrotizing Enterocolitis

Necrotizing enterocolitis is a serious intestinal disease that affects newborns, usually, those that were born early—37 weeks, and especially those babies born before 32 weeks who weigh less than three and a half pounds. Full-term babies who are generally healthy are unlikely to develop necrotizing enterocolitis. While the exact cause of necrotizing enterocolitis is not precisely known, premature babies who are fed a cow’s milk-based formula are much more likely to develop this disease, which can quickly become a gastrointestinal emergency in a premature newborn.

When an infant develops necrotizing enterocolitis, their intestinal lining becomes inflamed—sometimes to the point that the intestinal tissues are killed. A premature baby’s immature digestive system, along with being fed a cow’s milk-based formula—can cause necrotizing enterocolitis. It is theorized that the formula moves into the weakened intestinal tissues that have had insufficient blood and oxygen supplies, damaging those tissues. In some instances, the intestines may be perforated, leading to sepsis, which can be life-threatening.

Many premature babies are fed a bovine-based formula as a means of helping the baby grow and develop. The formula may be fed alone, or in conjunction with breast milk. You may have many different questions regarding whether an NEC baby formula lawsuit is right for you and your family. An NEC baby formula lawsuit attorney is ready to help you through this difficult time. The primary manufacturers of these cow’s milk-based formulas are Abbott Laboratories and Mead Johnson, which make Similac and Enfamil. The following formulas made by these two companies can contribute to the development of necrotizing enterocolitis:

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

What Are the Signs and Symptoms of Necrotizing Enterocolitis?

There are many signs of necrotizing enterocolitis once the intestine can no longer hold waste, allowing bacteria to pass into the bloodstream or the baby’s abdomen. If there are perforations of the intestine, these sections may need to be removed. Some of the main signs and symptoms of necrotizing enterocolitis:

• Difficulty feeding
• A tender, red, or swollen belly
• Food remaining in the stomach longer than expected
• Diarrhea or constipation
• Lethargy
• Vomit that contains green bile
• An unstable body temperature
• Pauses in the baby’s breathing patterns
• A slower-than-normal heart rate
• Low blood pressure

What You Should Know About Necrotizing Enterocolitis Baby Formula Lawsuits

The current lawsuits against Abbott Laboratories and Mead Johnson are citing a failure to warn on the part of these formula manufacturers. Research that goes as far back as the 1990s concluded that feeding a premature baby a cow’s milk-based formula could potentially lead to necrotizing enterocolitis. Despite the fact that the manufacturers were aware of this particular risk, they neglected to warn parents. A warning could have potentially prevented many premature infants from developing necrotizing enterocolitis—a disease that can result in long-term issues or even death.

Not only was there no warning but these formulas were actually marketed as safe and beneficial for premature infants. Parents across the United States are filing lawsuits for extensive financial losses and for the emotional distress resulting from the injuries or death of their baby. In August 2022, the Judicial Panel for Multidistrict Litigation consolidated 97 NEC lawsuits in Illinois. As of February 2023, there were 122 parents in this MDL, and there are other state NEC baby formula lawsuits filed across the U.S.

How the Maryland NEC Statute of Limitations Could Affect Your Similac and Enfamil Lawsuit

Each state has enacted statutes of limitations for civil lawsuits. Some states will vary on these statutes, depending on the type of claim, i.e., wrongful death, personal injury, medical malpractice, and product liability. Other states are consistent regarding the window of time allowed to bring a lawsuit for the different types of civil claims. The Discovery Rule is applicable in certain states, which can extend the statute of limitations based on the fact that the injury or harm was not discovered during the allotted time.

Most states apply the “reasonable person” theory, which asks whether a reasonable person would have discovered the injury or harm within the statute of limitations. Regarding product liability claims—and, in some cases, medical malpractice claims—some states also implement a statute of repose in addition to the statute of limitations. A statute of repose is triggered by a specific event. In the case of product liability, that event could be the manufacture, delivery or distribution, purchase, or sale of a defective or dangerous product. In the state of Maryland, the statutes of limitations are as follows:

• Personal injury claims in the state of Maryland have a “strict” three-year statute of limitations, however, the Discovery Rule applies, allowing plaintiffs additional time in cases where the negligent act is not discovered until later. So, the three-year countdown can potentially begin to run from the date the individual first knew—or reasonably should have known—about the negligence.
• Wrongful death claims in the state of Maryland have a three-year statute of limitations, with no allowance for the Discovery Rule, therefore, the three-year window of time is absolute.
• Medical malpractice claims in the state have a five-year statute of limitations beginning from the date of the injury, or three years from the time the injury is discovered—whichever comes first.
• If you are filing a product liability claim in the state of Maryland, there is a three-year statute of limitations, however, Maryland also has a ten-year statute of repose. In Maryland, this statute of repose has a presumption of non-defectiveness ten years after the product is first sold for use or consumption. So, the statute of repose could potentially stretch the three years into ten, depending on the circumstances.

If you are considering an NEC baby formula lawsuit, it is essential that you speak to a knowledgeable NEC baby formula lawsuit lawyer from Sullo & Sullo to help you determine how the Maryland statutes of limitations will apply to your specific claim. Statutes of limitations can be complex and can benefit significantly from having a highly skilled attorney look at the specific facts and circumstances of your claim.

How Can an Experienced NEC Baby Formula Lawsuit Attorney from Sullo & Sullo Help?

If you are a parent whose infant developed necrotizing enterocolitis after being fed a cow’s milk-based formula, it is important that you speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo as quickly as possible. Your attorney can explain your rights to you, thoroughly examining the facts and circumstances of your baby’s illness.

Necrotizing enterocolitis is a very serious disease that can have very serious consequences, including intestinal failure and NEC Totalis. Infants who develop necrotizing enterocolitis can have long-term issues with getting the nutrition they need to grow and thrive. These children can also develop short bowel syndrome and may have neurodevelopmental delays as a result of necrotizing enterocolitis. It can be extremely beneficial to speak to an experienced NEC baby formula lawsuit attorney regarding your baby’s NEC diagnosis.