What You Need to Know About NEC in Newborns

Has your newborn been diagnosed with NEC? Necrotizing enterocolitis is a potentially life-threatening illness that almost exclusively affects premature infants and can even result in death. NEC causes inflammation of the intestine, leading to bacteria in the gut that causes inflammation, cellular damage, and necrosis of the intestine. When the baby’s intestinal lining breaks down, this affects how the baby’s digestive system processes food.

Babies who are only fed breast milk rarely develop NEC, and full-term health babies also rarely develop NEC. Babies that do develop necrotizing enterocolitis usually do so between four days and four weeks after birth. A baby diagnosed with NEC may have a fairly mild case that will resolve once feedings are withheld for a week or so, allowing the intestine the time to rest and heal. Other babies diagnosed with necrotizing enterocolitis may have perforations in the intestine that can potentially lead to sepsis—a severe infection.

This usually requires a surgical procedure to remove the dead parts of the intestine. The doctor may only remove the intestinal parts that are clearly necrotic, leaving damaged parts in hopes they will heal. The more intestine the baby is left with, the less likely he or she is to have long-term issues associated with necrotizing enterocolitis.

If your baby has spent a considerable time in the NICU because of necrotizing enterocolitis, you could benefit from filing a baby formula lawsuit to help with your expenses. If your baby is likely to have long-term issues as a result of necrotizing enterocolitis, your expenses could be even greater. The manufacturers of these cow’s milk-based formulas must be held accountable for their failure to warn hospitals and parents about the potential risks to premature babies.

The following formulas manufactured by Abbott and Mead—the makers of Similac and Enfamil—are among those routinely fed to babies in hospitals and sent home with 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

Necrotizing Enterocolitis Causes

NEC is much more likely to occur in premature babies or babies who are already ill. Some of the most common risk factors include low birth weight, infection of the placenta, low oxygen levels during birth, congenital heart disease, and being fed a bovine-based formula after birth. Studies that go back as far as the 90s suggest a significantly increased risk among premature babies fed a cow’s milk-based formula, either exclusively, or in conjunction with breast milk.

Long-Term Effects of Necrotizing Enterocolitis

While rare, a small percentage of babies who had necrotizing enterocolitis can have the disease recur. The original surgical procedure may have left the baby vulnerable to bacteria and germs that can contribute to recurring NEC. Babies with a serious case of NEC can develop failure to thrive, often because of the treatment which involves withholding feeding and using an IV for nutrients and liquids. While some children will get back on track and catch up with their peers, others will not.

Short bowel syndrome is fairly common among babies who have had portions of their intestines removed because of necrosis. When a significant portion of the intestine is removed, short bowel syndrome is more common. Those with severe cases of short bowel syndrome can require constant medical support and must receive nutrition ways other than traditional, oral eating—like feeding tubes. Short bowel syndrome can be a lifelong condition with no cure, although there are some medical interventions that can help an individual avoid the most debilitating complications.

Neurodevelopmental delays are also common among children that had NEC as an infant. Challenges such as vision and hearing problems, cognitive impairments, cerebral palsy, and psychomotor impairments. Such complications can have an effect on your child’s life—how he or she grows, as well as their intellectual and social abilities. Infants that are unable to absorb nutrients are also unable to grow at a normal rate, causing NEC babies to remain in the lower percentile of weight and height as they grow.

Intestinal strictures are the result of damage to a baby’s intestine. As the intestines heal, scarring can result in strictures and adhesions, leading to a narrowing of the intestines. In turn, these strictures can cause abdominal pain, even affecting the overall quality of life. More invasive treatments like surgery can become necessary. When an infant suffers from NEC, they may also have an increased risk of cholestatic liver disease. Cholestasis describes the impairment of bile formation or flow that can cause extreme fatigue and jaundice.

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

If you are considering filing a baby formula lawsuit after your baby was harmed by being fed a cow’s milk-based formula, you must consider the statute of limitations in your state. Statutes of limitations dictate the window of time you have to file a claim or lawsuit after the harm or injury occurs. State statutes of limitations vary considerably, and may even vary in an individual state, depending on the type of claim being filed. The Discovery Rule can also offer exceptions to the statutes in certain cases, although not all states accept this rule.

Product liability claims can have statutes of repose in addition to statutes of limitations. The statute of repose can extend the amount of time a person harmed by a product has in which to file a lawsuit and may specify a time that starts from the date of manufacture, delivery, sale, or purchase. It can be extremely beneficial to speak to a skilled NEC baby formula lawsuit attorney to determine when your window of time could end. Missouri statutes of limitations are as follows:

• Wrongful death claims in the state of Missouri have a three-year statute of limitations, with no Discovery Rule allowed.
• Personal injury claims in the state have a five-year statute of limitations; the Discovery Rule allows five years from when the injury was first noticed, or should reasonably have been noticed.
• The medical malpractice statute of limitations in the state of Missouri is two years from the date of injury. That time limit is extended to include two years from the date the medical negligence was discovered—or should reasonably have been discovered.
• Product liability claims in the state of Missouri must be brought within five years from when the injury occurred. This statute is generous when compared with most other states, plus Missouri also has a 15-year statute of repose for those injured by a defective or unsafe condition of a product due to negligence of the design, manufacture, sale, or distribution of a product.

What You Must Know About Filing a Baby Formula Lawsuit and How a Necrotizing Enterocolitis Baby Formula Lawsuit Lawyer Can Help

It is important that you have a strong NEC baby formula lawsuit attorney by your side as quickly as possible. Lawsuits against the manufacturers of these bovine-based formulas are mounting quickly. If you believe these manufacturers failed to notify you of the risks associated with these formulas when fed to your premature baby, then a Similac and Enfamil lawsuit may be the best course of action for you. An experienced NEC baby formula lawsuit attorney from Sullo & Sullo can answer all your questions and help you make the best decision for your baby and your family.