Understanding Necrotizing Enterocolitis Causes

Necrotizing enterocolitis is a serious intestinal disease that strikes infants, particularly premature infants. Necrotizing enterocolitis inflames the intestines and can be extremely serious, even fatal. In some cases, parts of the intestine are necrotic and must be removed. As many as one in every 2,000 to 4,000 premature infants may be diagnosed with necrotizing enterocolitis, or NEC, which makes it one of the most common gastrointestinal emergencies for preterm infants. While there is still research going on regarding the causes of necrotizing enterocolitis, there are several clear causes:

• Premature babies are significantly more likely to develop NEC than full-term babies.
• Babies with other health issues are more likely to develop NEC than healthy babies.
• While those born before the 37th week are at a higher risk, babies born before the 32nd week have an even higher risk.
• Weight is a factor—babies that weigh three and a half pounds or less are more likely to develop NEC.
• Babies who are exclusively fed breast milk are much less likely to develop necrotizing enterocolitis.
• A study in 1990 directly linked bovine-based formulas to necrotizing enterocolitis.
• Since that study, there have been others that also concluded that cow’s milk-based formulas were more likely to cause necrotizing enterocolitis, especially in premature babies.
• It is believed that these cow’s milk-based formulas irritate an already underdeveloped digestive system, causing inflammation in the intestine and even perforations in the intestine in more serious cases.
• Anecdotal evidence from parents and medical professionals backs up the research. Infants, especially premature infants, are much more likely to develop necrotizing enterocolitis when they are fed a bovine-based formula, either solely, or in conjunction with breast milk.
• Infants who have had difficulty with oxygen circulation are more likely to be diagnosed with necrotizing enterocolitis.
• Some infants who are extremely premature may be fed a bovine-based formula via a tube that goes directly into the baby’s stomach. These babies may be even more likely to develop NEC.

Unfortunately, the manufacturers of these bovine-based formulas have known for decades that they pose a risk to newborns, especially premature newborns. The primary manufacturers of bovine-based formulas are Mead Johnson and Abbott Laboratories, which have almost 80 percent of the baby formula market. Similac and Enfamil are the most well-known bovine-based formulas and are manufactured by Mead and Abbott.

The vast majority of hospitals use these brands, even sending them home with new parents. Mead, Abbott, and other manufacturers of bovine-based formulas have a responsibility to warn parents and medical professionals about the potential risks associated with feeding these formulas to premature infants. Despite having sufficient evidence to prove this, there is a clear failure to warn on the part of the formula manufacturers. Because of this, many parents are choosing to file a baby formula lawsuit.

What Are the Signs and Symptoms of Necrotizing Enterocolitis?

During a physical examination of your baby, the doctor may see swelling or distention of the belly, and/or the belly may be tender, red, purple, or bright pink. If the doctor feels a mass, this may indicate perforation of the intestine. An X-ray will be done and if it shows small bubbles in the wall of the intestine, necrotizing enterocolitis is likely. If an X-ray reveals air or gas in the large liver veins, this air or gas may be produced by bacteria in the wall of the bowel. Other typical symptoms of NEC include:

• An inability to properly digest food
• Diarrhea, sometimes containing blood
• Lethargy
• Vomiting green liquid
• Abnormal temperature or the inability to maintain normal a temperature
• Episodes of apnea, a temporary stop in breathing
• Episodes of low heart rate
• A drop in blood pressure
• Weak pulse
• Fluid in the abdominal cavity
• Infection in the tissue lining of the stomach
• Difficulty breathing
• Jaundiced appearance

Once diagnosed with NEC, your baby may be treated medically or surgically, depending on the severity of the disease. If the X-ray indicates there are perforations or necrotic portions of the intestine, surgery will be necessary. The surgeon will remove the necrotic pieces of the intestine. Damaged portions of the intestine could be left for a few days with the hope that it will heal. The surgeon would then go back in and see whether the damaged intestine has healed, or whether it needs to be cut out.

Medical treatments for NEC include ceasing oral feedings. The baby will receive nutrients and liquids through an IV and a nasogastric tube may be placed that extends from the nose into the stomach to suction air and fluids from the baby’s stomach and intestine. This will help relieve swelling and discomfort. Antibiotics may be started, either for an existing infection or to prevent an infection. If the swelling of the baby’s abdomen interferes with the baby’s breathing, a ventilator or oxygen may be required. More severe cases of NEC can require platelet and red blood cell transfusions.

If necrotizing enterocolitis turns into NEC Totalis—an aggressive form of necrotizing enterocolitis that generally resulted in the death of the infant in the past—the baby has a better chance of survival because of newer treatments but is also likely to deal with serious NEC effects for the remainder of his or her life. An infant that has NEC Totalis will have necrosis in both the small and large intestines.

What Are the Potential Benefits of Necrotizing Enterocolitis Baby Formula Lawsuits?

If you decide to consider a baby formula lawsuit, it is in your best interests to speak to an experienced NEC baby formula lawsuit attorney as soon as possible. There are two primary reasons you might consider filing a Similac and Enfamil baby formula lawsuit. The first is to help you pay for the medical expenses your infant’s NEC has caused. These medical expenses can cost hundreds of thousands of dollars and if your infant has severe NEC and will have long-term health issues as a result, those costs will be even higher. You want to ensure that your baby has the best medical care possible for as long as they need that care. The second reason is to force manufacturers of baby formula to be accountable for the potential risks of their product and to warn parents and medical professionals about those risks.

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

The statutes of limitations are windows of time plaintiffs have to file a lawsuit for injury or harm. Each state sets its own statutes of limitations which can vary significantly from state to state as well as between different types of lawsuits (medical malpractice, personal injury, wrongful death, or product liability). The statutes of limitations are generally absolute and if you exceed the statute you are barred from ever filing a lawsuit. There are certain exceptions to the statutes in some states.

The Discovery Rule may apply, which essentially says that if you failed to identify the cause of your injury or harm and if another reasonable person would also have failed to identify the cause of the injury or harm until after the statute has run, you may be entitled to extra time. Some states also incorporate statutes of repose, usually in connection with a product liability lawsuit or, in some cases, a medical malpractice lawsuit. The statute of repose can add extra time by allowing a certain amount of time from the time the product was manufactured, distributed, bought, or sold. In the state of New York, the following statutes of limitations apply:

• Wrongful death lawsuits in the state of New York must be filed within two years. The Discovery Rule does not apply to wrongful death claims, making the two years absolute.
• Personal injury lawsuits in New York have a three-year statute of limitations. Again, there is no Discovery Rule, so you must bring your lawsuit within that three-year period of time.
• New York has a separate statute of limitations for medical malpractice claims which is two years and six months unless the malpractice resulted in death, then you may qualify for an extended statute of limitations.
• Product liability claims in the state of New York have a three-year statute of limitations from the date the injury occurs, or from the date the injury was discovered or should reasonably have been discovered. New York applies the Discovery Rule, triggering the beginning of the statute on the date of discovery of the injury or from the date when, through reasonable diligence, the injury should have been discovered.

How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?

If your baby has NEC, you are likely anxious and fearful for your baby’s health and future. It could be beneficial for you to consider filing an NEC baby formula lawsuit and to speak to an NEC baby formula lawsuit attorney from Sullo & Sullo as quickly as possible. If you are located in the following locales in the state of New York, you could benefit significantly from speaking to one of our highly skilled attorneys.

New York, New York

Brooklyn, New York

Queens, New York

Manhattan, New York

Bronx, New York

Staten Island, New York

Buffalo, New York

Jamaica, New York