What You Need to Know About NEC in Infants

NEC in infants is a serious disease that primarily affects newborns, usually those who are born prematurely. Premature babies are those born before 37 weeks gestation. Babies born before 32 weeks that weigh less than three and a half pounds are at a significantly increased risk of developing NEC. Necrotizing enterocolitis is one of the most common gastrointestinal emergencies seen in premature infants. Full-term, healthy babies rarely develop NEC, and babies that are exclusively breastfed are also unlikely to develop necrotizing enterocolitis. When an infant develops necrotizing enterocolitis, the mucosa of the intestine (the lining) becomes inflamed. This inflammation can damage and kill the intestinal tissues, causing perforations or holes in the intestine.

These necrotic portions of the intestine will have to be surgically removed, saving as much healthy tissue as possible. Cow’s milk-based formulas, when given to premature babies whose digestive systems are not fully developed, can inflame the intestinal tissues, causing damage in the form of necrotizing enterocolitis. In extreme cases, NEC Totalis or sepsis can result, both of which can cause death. If your infant was harmed by being fed a cow’s milk-based formula, you may have questions about the possibility of filing a Similac and Enfamil lawsuit.

The expenses related to your baby’s necrotizing enterocolitis can be hundreds of thousands of dollars. If there are long-term effects from necrotizing enterocolitis, the costs could be even more. While a lawsuit will not change what happened to your baby, it can make the companies that neglected to warn you about the potential dangers associated with feeding a premature newborn a bovine-based formula liable for that failure to warn. It can also help ensure your child gets the treatments and care they need and deserve. The primary manufacturers of these bovine-based formulas are Abbott Laboratories and Mead Johnson, the makers of Enfamil and Similac. Among these two companies, the following formulas may cause necrotizing enterocolitis in infants.

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

The Most Common Signs and Symptoms of NEC and the Potential Long-Term Effects

Different infants will experience necrotizing enterocolitis symptoms differently. In many cases, the parents of the infant are the first to notice that everything is not right with their baby. There may be distention of the abdomen, tender spots on the abdomen, or the belly may be red, purple, or bright pink. The baby may be fussy, may not want to eat, or could be lethargic. Other signs and symptoms of NEC include:

• Diarrhea and bloody bowel movements
• Bile-colored vomit
• Short periods when the baby stops breathing
• Low blood pressure
• Temperature instability
• Low heart rate

Your doctor may order an X-ray of the abdomen to see whether there are perforations in the intestinal wall or inflammation of the abdominal cavity membrane—both of which indicate necrotizing enterocolitis. The X-ray could also show small bubbles in the intestinal wall or air or gas in the large veins of the liver. If your baby is not eating well and acting lethargic, or if you notice the baby’s tummy is tender, red, or swollen, the physician may have an X-ray of the abdomen taken.

Redness of the abdominal wall, perforation in the intestinal wall, or inflammation of the membrane that lines the abdominal cavity may be seen on the X-ray and will indicate NEC. Treatment of NEC can be medical, surgical, or both. Most infants with NEC will not require surgery and will go on to lead a normal, healthy life. Medical treatments may include stopping oral feeding and administering fluids and nutrients through an IV, allowing the digestive tract to heal.

A nasogastric tube that suctions air and fluids from the baby’s stomach and intestine may be used to relieve discomfort and swelling. An antibiotic may be given, either for an existing infection or to prevent an infection. When abdominal swelling is severe enough that it interferes with breathing, oxygen may be administered, or breathing may be mechanically assisted with a ventilator. When there are perforations in the intestine, surgery is necessary. Usually, the surgeon will leave any intestine that is damaged but could potentially heal, since the more intestine the infant has, the less likely he or she is to have long-term problems associated with NEC.

Could an NEC Baby Formula Lawsuit Be Beneficial for You and Your Family?

Perhaps you have considered an NEC baby formula lawsuit. After all, Mead Johnson, Abbott Laboratories, and other large formula companies have known about the potential for their bovine-based formulas to cause necrotizing enterocolitis, especially among premature babies since the 1990s. Despite this, there have never been any warnings to parents, hospitals, or medical professionals regarding this risk. Parents would almost universally find an alternative to these formulas if they knew about the risks. It could be beneficial for you to speak to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo as soon as possible so you don’t risk exceeding the New Hampshire statutes of limitations.

How the New Hampshire NEC Statute of Limitations Could Affect Your Similac Lawsuit

If your baby was harmed by a cow’s milk-based formula—perhaps Similac or Enfamil from Mead Johnson or Abbott Laboratories—you may be considering filing an NEC baby formula lawsuit. If so, you must be aware of the statutes of limitations in your state. Each state sets its own statutes of limitations—the window of time you have to file a lawsuit.

Your state may include the Discovery Rule, which allows for the fact that not all injuries are discovered—or could reasonably be expected to be discovered—within the time frame allowed under the statute of limitations. Some states also incorporate statutes of repose, usually for product liability claims. The statutes of repose allow extra time to file a lawsuit when it was not known that a specific product caused injury or harm until later. The state of New Hampshire has the following statutes of limitations:

• Personal injury claims in the state of New Hampshire must be brought within three years of the date of the injury. The Discovery Rule applies to personal injury claims in the state, allowing three years from the time you discovered or should have discovered the injury.
• A wrongful death claim in the state of New Hampshire must be filed within three years of the date of the death, however, the Discovery Rule applies, allowing extra time when the cause of the death was not immediately known.
• Medical malpractice claims must be filed within three years of the date that the act of malpractice caused the injury. The Discovery Rule applies, giving a claimant additional time if the medical malpractice was not known as the cause of the injury or could not reasonably have been known.
• Product liability claims in the state of New Hampshire must be filed within three years of the time the injury was discovered or should reasonably have been discovered, New Hampshire allows for 12 years after the product was sold, or 12 years after a lessor or licensee had the product in their possession. If, however, the product manufacturer used fraud or deception to conceal the dangers of the product, more time may be allowed.

Getting the Help You Need from a Knowledgeable NEC Baby Formula Lawsuit

The knowledgeable NEC baby formula lawsuit lawyers from Sullo & Sullo are ready to help you through this difficult time in the best way possible. We understand that you may be unsure of what your next steps should be as you seek to protect your infant and your family. If you live in any of the following locales in New Hampshire, it could benefit you to speak to an NEC baby formula lawsuit attorney.

Manchester, New Hampshire

Nashua, New Hampshire

Concord, New Hampshire

Dover, New Hampshire

Rochester, New Hampshire

Keene, New Hampshire

Portsmouth, New Hampshire

Laconia, New Hampshire