What You Need to Know About Necrotizing Enterocolitis

Necrotizing enterocolitis is a disease that affects newborns, particularly newborns who are born before the 37th week, and is even more likely when a baby is born before the 32nd week and weighs 3.5 pounds or less. While the exact causes of necrotizing enterocolitis are not absolutely known, a study from the 1990s indicated that premature newborns were much more likely to develop necrotizing enterocolitis when they were fed a cow’s milk-based formula.

In babies that were exclusively fed a bovine-based formula, NEC was 6-10 times more common than in those fed breast milk only. Among those fed both a bovine-based formula as well as breast milk, the babies were three times more likely to develop necrotizing enterocolitis. Some premature babies are fed enterally, meaning the formula goes through a tube directly into the baby’s stomach. Premature babies who were not fed enterally had a lower rate of necrotizing enterocolitis than babies exclusively fed formula orally.

Necrotizing enterocolitis affects the lining of the intestine, known as the mucosa. NEC causes severe inflammation, which in turn can cause perforations or holes in the intestine. Researchers believe that when the underdeveloped intestine of a premature baby is coupled with a cow’s milk-based formula, necrotizing enterocolitis is much more likely to occur. Because the intestinal tissues are weakened, they can quickly become damaged.

If there are holes in the intestine, surgical intervention is required to cut away the dead tissue. In some cases, the surgeon may leave tissue that is damaged, then, in another surgical procedure a few days later, go back in to see whether the damaged tissue is healing, or has died. The goal is to leave the largest amount of intestine behind, significantly lessening the possibility of long-term NEC issues.

Intestinal perforation can lead to a severe infection in the baby’s belly, known as sepsis, therefore multiple X-rays will be taken to ensure the disease is not progressing and that the baby’s intestine is healing. The manufacturers of these cow’s milk-based formulas were aware of the potential NEC risks, yet failed to warn parents and hospitals of these risks. The biggest manufacturers of these formulas are Mead Johnson and Abbott Laboratories.

As a parent of a baby diagnosed with NEC, you may have questions as to whether a Similac and Enfamil lawsuit is right for you. It can be helpful to speak to a highly skilled NEC baby formula lawsuit attorney who can answer your questions and discuss whether an NEC baby formula lawsuit is right for you. The following formulas are among those most often fed to newborns in hospitals and sent home with new parents.

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 Most Common NEC Symptoms?

As the parent of an infant with necrotizing enterocolitis, you may have noticed NEC symptoms in your baby even before the medical staff noticed. Your baby may be fussier than normal, lethargic, or could be unwilling to eat.

If your infant has necrotizing enterocolitis, you may initially notice that he or she is not as active as normal and could be extremely lethargic. If you press on the baby’s belly, they may cry out in pain, as there are likely to be some tender areas. The baby’s tummy could be distended, and discolored—red, bright pink, or purple. Other signs and symptoms of NEC include:

• A drop in blood pressure
• Weak or thready pulse
• Periods of low heart rate
• An inability to maintain a normal temperature
• Bloody diarrhea
• Vomiting green liquid
• Apnea, a temporary stop in breathing
• Other breathing difficulties
• Fluid in the abdominal cavity

In some cases, necrotizing enterocolitis can happen in clusters, with several premature infants in the NICU developing NEC. While researchers admit this could be coincidental, occasionally viruses and bacteria have been found among babies diagnosed with NEC. Because of this, there may be very strict precautions in place to prevent the spread of any potential infection.

The treatment of NEC may include inserting a nasogastric tube from the nose to the stomach to remove air and fluid from the intestine and stomach, antibiotics, an IV for fluid replacement and nutrition, and stopping all feedings until the intestine begins to heal. Your baby will undergo frequent exams and a series of X-rays to determine whether the intestine is healing. The baby’s belly size will be checked frequently, and if the belly is swollen enough to affect the baby’s breathing, a ventilator or extra oxygen may be necessary.

Babies that respond well to treatments may be able to resume regular feedings after a week or so. Once these feedings resume, breast milk exclusively is recommended. Breast milk is more easily digested and also supports the growth of healthy bacteria in the intestinal tract, thus boosting the baby’s immunity. Mothers who are unable to breastfeed may consider pasteurized human breast milk from a milk bank, or, in some cases, a special formula like soy could be used.

Babies that require surgery despite medical care will have the dead tissues in the intestine removed, then the healthy intestine will be sewn back together. If a large portion of the intestine has been removed the surgeon will bring an area of the intestine to the opening on the abdomen, allowing stool to exit the body. This is known as an ostomy. The ostomy will be closed in 6-8 weeks during a second surgical procedure, or once the intestine is fully healed.

How the Michigan NEC Statute of Limitations Could Affect Your Enfamil Lawsuit

Each state enacts its own statutes of limitations. These statutes dictate the amount of time an individual has to file a claim or lawsuit against a person or entity that caused harm or injury through negligence. These statutes must be closely adhered to—although there are certain exceptions that may apply, depending on the state. Some states incorporate the Discovery Rule into their statutes of limitations, allowing extra time to those whose injury or harm was not discovered until after the statute had run. The Discovery Rule only applies in cases where a reasonable person would not have discovered the specific harm or injury until after the statute had run.

Other states have implemented statutes of repose in addition to the statutes of limitations, usually in relation to a product liability claim. The statute of repose may allow extra time to those injured by a defective or dangerous product, beginning the statute at the time the product was manufactured, delivered, bought, or sold. If you are considering filing an NEC baby formula lawsuit, the statutes of limitations—along with any potential exceptions to the statutes—are both extremely important and extremely complex. You could benefit from speaking to a knowledgeable NEC baby formula lawsuit attorney regarding your Similac and Enfamil lawsuit and how the statutes of limitations in your state may apply. In the state of Michigan, the following statutes of limitations apply:

• A personal injury claim in the state of Michigan has a three-year statute of limitations, however, the Discovery Rule does apply, potentially extending this statute if you did not discover the injury or harm until after the statute ran.
• Wrongful death claims in the state of Michigan also have a three-year statute of limitations that begins at the time of the death or the injury that caused the death. The Discovery Rule does not apply to wrongful death claims in the state, making the three-year statute absolute.
• Medical malpractice claims in the state of Michigan have a two-year statute of limitations, however, the Discovery Rule applies to medical malpractice claims—up to a point. Even taking the Discovery Rule into consideration and assuming you were unaware that medical malpractice was responsible for your injuries, you still have only six years from the act or omission to file a medical malpractice claim.
• Product liability claims have a three-year statute of limitations in the state of Michigan. However, statutes of repose are in place that takes into consideration how long a product has been in place, allowing up to ten years under certain circumstances.

Could You Benefit from Speaking to a Highly Skilled NEC Baby Formula Lawsuit Attorney from Sullo & Sullo?

Having a baby born prematurely has its own set of challenges. When your premature baby develops necrotizing enterocolitis—a disease that could potentially have been prevented if the formula manufacturers had warned you and the hospital of the risk—those challenges increase exponentially. It can be helpful to speak to a knowledgeable NEC baby formula lawsuit attorney from Sullo & Sullo. We will comprehensively assess the facts and circumstances surrounding your baby’s NEC diagnosis to help you determine whether you and your family would benefit from an NEC baby formula lawsuit.