What Is Necrotizing Enterocolitis?

Newborns—particularly premature newborns—have a high risk of developing necrotizing enterocolitis when they are fed a cow’s milk-based formula. Full-term, healthy babies are unlikely to develop NEC, and breastfed babies—even those that are born prematurely—are less likely to develop necrotizing enterocolitis than babies fed breast milk or a formula that is not bovine-based. Necrotizing enterocolitis is a devastating disease that affects the underdeveloped intestines of newborns, especially premature newborns whose digestive system is not yet well-developed.

The small or large intestine of the infant can become severely inflamed, even progressing to the death of portions of the intestine. Babies who develop NEC usually do so within a few days to a few weeks following birth. The baby may exhibit signs of lethargy or lack of appetite. The belly may be red, tender, or distended. Breathing issues, low blood pressure, vomiting green bile, the inability to maintain a normal temperature, and low heart rate/blood pressure drop may also occur in babies with NEC.

An X-ray may reveal fluid in the abdominal cavity and the intestinal tissues and tissue lining of the stomach may become infected. If the intestine develops holes or perforations, an operation will be necessary to remove the dead portions of the intestine. Infants whose NEC is not severe enough to prompt surgical interventions will have their feedings discontinued, with nutrients and liquids being administered through an IV.

Antibiotics may be given, either to treat an existing infection or to prevent an infection from developing. A nasogastric tube that goes from the nose to the stomach may be inserted to keep the stomach empty, and your baby’s doctor will likely have frequent X-rays taken to monitor the progress of the necrotizing enterocolitis.

The primary manufacturers of cow’s milk-based formulas are Mead Johnson and Abbott Laboratories. Despite having knowledge of research that indicated cow’s milk-based formulas could cause NEC among premature newborns, these manufacturers have not warned hospitals and parents about the risks associated with these formulas. The bovine-based formulas most often given to babies with NEC at the hospital—and sent home with new parents—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

Are There Long-Term Consequences of Necrotizing Enterocolitis?

While some babies will recover completely after having necrotizing enterocolitis, others will have long-term NEC complications. As many as half of all babies with severe NEC will develop long-term complications, including the following:

• Intestinal Stricture
• Short-bowel syndrome
• Cholestatic liver disease
• Metabolic complications
• Neurodevelopmental issues
• Failure to thrive

Failure to thrive means the child does not grow and develop as they normally would and can be the result of an intestinal stricture or short-bowel disease. A stricture is an area of narrowing in the intestinal tract following repeated cycles of inflammation and healing in the intestinal lining. The stricture occurs when scar tissue replaces normal cells. This narrowing of the gastrointestinal tract can prevent food from being digested as it should, leading to failure to thrive. Short-bowel syndrome is a condition where the body cannot absorb the nutrients from foods because there is an insufficient amount of the small intestine remaining.

Could Your Family Benefit from a Necrotizing Enterocolitis Baby Formula Lawsuit?

A necrotizing enterocolitis lawsuit may not be something you have considered. After all, if your baby has been hospitalized, perhaps even undergoing a serious surgical procedure, your entire focus has been on helping your baby get healthy, with an eye toward taking him or her home. Yet because the manufacturers of these bovine-based baby formulas were aware of the potential NEC risks and failed to relay these risks to hospitals and parents, they may be held responsible for the medical expenses you have accrued. A necrotizing enterocolitis lawsuit could also provide compensation for the pain and suffering you and your baby have gone through. A settlement could also help you pay medical expenses associated with the long-term effects of necrotizing enterocolitis. There is currently an MDL in Illinois that has 122 plaintiffs, and it is expected that more plaintiffs will join this MDL.

How the Massachusetts NEC Statute of Limitations Could Affect Your NEC Baby Formula Lawsuit

Statutes of limitations are enacted in each state, allowing a specific amount of time an injured person has to bring a claim against the negligent party. This “window of time” is usually absolute—if you miss the allotted time, you will be barred from holding the negligent party liable for your injuries. There are certain exceptions to these statutes of limitations, but they only apply in some states. One of those exceptions is known as the Discovery Rule. The Discovery Rule can extend the statute of limitations based on the fact that the injury or harm was not discovered—and could not reasonably have been discovered—within the stated window of time.

Product liability claims may also have a statute of repose in addition to the statute of limitations. This can extend the statute of limitations based on when the defective or dangerous product was manufactured, delivered, bought, or sold. The statutes of limitations—along with any potential exceptions—can be complex. If you are considering a baby formula lawsuit, it can be extremely beneficial to speak to an experienced NEC baby formula lawsuit attorney about your state’s statutes of limitations. In the state of Massachusetts, the following statutes of limitations are in place:

• Personal injury claims in the state of Massachusetts have a three-year statute of limitations. This means that when another person acts negligently or intentionally in a manner that results in injury or harm to another, the injured person has three years to address that injury in court. Massachusetts does apply the Discovery Rule which states the statute begins to run when a plaintiff discovers or at any earlier date when he or she should reasonably have discovered that harm occurred from the conduct of the defendant.
• Wrongful death claims also have a three-year statute of limitations in Massachusetts. The Discovery Rule can potentially extend that amount of time by beginning on the date you discovered—or should have reasonably discovered—the injury or harm that led to the death of a loved one.
• Medical malpractice claims in the state of Massachusetts have a statute of limitations that states the action does not accrue until the plaintiff becomes aware of the malpractice or injury. At that point, you have three years to file your claim.
• Product liability claims have a three-year window of time to file a lawsuit against the manufacturer of the defective or dangerous product. However, this three-year time limit does not begin until the time that a reasonable person would have discovered they were injured or harmed by a defective or dangerous product. Massachusetts also has a statute of repose that states that no product liability claim can be filed more than 12 years after a product was first sold to consumers.

How Can a Skilled NEC Baby Formula Lawsuit Attorney Help?

You, your baby, and your family could significantly benefit from speaking to a knowledgeable NEC baby formula lawsuit attorney regarding a potential Similac and Enfamil lawsuit. A highly skilled NEC attorney can look at all aspects related to your baby’s necrotizing enterocolitis, helping you determine whether an NEC baby formula lawsuit is the right choice for you and your family. At Sullo & Sullo, we understand that this is a difficult time for you and can take much of the legal burden from your shoulders, giving you the time you need to help your baby get well.