What Should You Know About the Necrotizing Enterocolitis Lawsuits?
If your newborn developed necrotizing enterocolitis, filing a lawsuit is likely the very last thing on your mind. Necrotizing enterocolitis is an intestinal disease seen among infants between a few days old and four weeks old. Premature babies and those with a low birth weight are typically the infants that develop necrotizing enterocolitis, or NEC. In fact, about one in every two to four thousand premature newborns will be diagnosed with NEC. While being born before the 37th week—and especially before the 32nd week—puts an infant at a much higher risk of developing necrotizing enterocolitis, there are other causes of the disease as well.
One of the most disturbing causes of NEC is baby formula. When a premature infant is fed a bovine-based formula, his or her immature digestive system becomes inflamed. At its worst, NEC can lead to perforations or holes in the intestine which then requires surgery to remove the necrotic portions of the intestine. There are studies backing this up, even one study that goes back to 1990. Premature babies are often fed bovine-based baby formulas to help them put on weight more quickly and catch up with their full-term peers. These babies may be fed only a bovine-based baby formula or may be fed a bovine-based “fortifier,” in addition to breast milk.
It is rare for a full-term healthy baby to develop necrotizing enterocolitis or for a baby exclusively fed breast milk to develop NEC. There are only a handful of formula manufacturers in the United States—the two biggest, Abbott and Mead Johnson, are responsible for producing as much as 80 percent of all baby formulas, namely Similac and Enfamil. These formula brands are used in hospitals and even sent home with parents when they leave the hospital with their babies. Yet despite decades of research (as well as anecdotal evidence from nurses, doctors, and parents regarding the link between cow’s milk-based formulas and the development of NEC), the formula manufacturers have not issued a warning to parents and hospitals regarding the potential risks.
Today’s research backs up the 1990 study, with clear conclusions that premature infants fed bovine-based formulas or fortifiers are two to ten times more likely to develop necrotizing enterocolitis than babies exclusively fed breast milk. In 2006, the WHO found clear and consistent evidence that babies who were exclusively fed breast milk were much less likely to develop NEC.
The large formula manufacturers have a clear failure to warn. It can be beneficial to speak to an experienced NEC baby formula lawsuit attorney to determine the steps you need to take to file a baby formula lawsuit against the formula manufacturer for failure to warn. Such a lawsuit could hold the manufacturers accountable, as well as help you and your family pay the medical expenses associated with your baby’s NEC. There is currently an Illinois MDL with 122 plaintiffs with more expected in the coming months.
NEC is a serious gastrointestinal condition that causes intestinal tissue death and may be fatal in many cases. The intestinal inflammation caused by the formula can lead to perforations in the intestine, requiring immediate, emergency surgery to prevent bacteria from the intestine from leaking into the abdomen or the bloodstream and causing sepsis.
What Are the Symptoms of NEC in Newborns?
Every baby with necrotizing enterocolitis may have somewhat different symptoms, although parents or a healthcare provider may first notice that the baby’s stomach is distended, there are tender spots on the baby’s tummy, or it is red, purple, or bright pink. Other symptoms of NEC include the following:
- Lethargy
- Vomiting green bile
- Diarrhea
- Bloody bowel movements
- Constipation
- Sluggish behavior
- Periods of apnea (stopping breathing)
- A low heart rate and low blood pressure
- Symptoms of jaundice
- Feedings remain in the stomach rather than digesting as normal
- Abnormal temperature or the inability to maintain a normal temperature
- A weak pulse
- Fluid in the abdominal cavity
- Infection in the tissue lining of the stomach
- Difficulty breathing
What is NEC Totalis?
NEC Totalis is a severe, often fatal form of necrotizing enterocolitis in which necrosis is evident in both the small and large intestines. Babies who developed NEC Totalis in the past rarely survived, however, today there are medical treatments that can sometimes prevent death. An infant that survives NEC Totalis is highly likely to have long-term issues related to the disease. These long-term issues may include short bowel syndrome, failure to grow and thrive, and other serious medical problems.
How the North Dakota NEC Statute of Limitations Could Affect Your Similac Lawsuit
The statutes of limitations dictate the length of time a plaintiff has in which to bring a lawsuit against the negligent party, or against the manufacturer of a defective or dangerous product. Each state in the United States sets its own statute of limitations, which can vary, depending on the type of civil lawsuit—medical malpractice, product liability, personal injury, and wrongful death. While the statutes of limitations are generally thought of as absolute—meaning you cannot bring a claim if you exceed the window of time—there are certain exceptions in some states for some types of lawsuits.
One of these exceptions is known as the Discovery Rule. If you failed to tie your injury or harm to the negligence of another person or entity within the allotted time, and a reasonable person also would have failed to tie the injury or harm to another’s negligence, then the Discovery Rule allows you extra time. The other exception is known as the statutes of repose and generally apply to product liability claims, or, in some cases, medical malpractice claims. In the state of North Dakota, the following statutes of limitations apply:
- A wrongful death claim in the state of North Dakota has a two-year statute of limitations. The Discovery Rule does not apply in North Dakota to wrongful death claims.
- Personal injury claims in the state of North Dakota have a six-year statute of limitations.
- North Dakota allows two years to bring a medical malpractice lawsuit against a medical provider. The Discovery Rule applies, allowing extra time when the patient discovers the injury or reasonably should have discovered the injury. Even though the Discovery Rule applies, North Dakota still only allows a maximum of six years unless fraudulent conduct by the medical provider prevented the discovery of the injury.
- Product liability claims must be filed within ten years of the purchase of the product, or within eleven years of the date the product was manufactured.
How Can an Experienced NEC Baby Formula Lawsuit Attorney from Sullo & Sullo Help?
If your baby developed necrotizing enterocolitis after being fed a cow’s milk-based formula, you may want to consider filing a Similac lawsuit. Necrotizing enterocolitis is a serious disease that has direct ties to these bovine-based formulas and the manufacturers of these formulas neglected to warn parents and healthcare providers of these risks. It can be extremely beneficial to speak to a North Dakota NEC baby formula lawsuit attorney from one of the following locales:
Fargo, North Dakota
Bismarck, North Dakota
Grand Forks, North Dakota
Minot, North Dakota
West Fargo, North Dakota
Mandan, North Dakota
Dickinson, North Dakota
Jamestown, North Dakota