What You Must Know About Necrotizing Enterocolitis

Necrotizing enterocolitis is one of the most common gastrointestinal emergencies among premature infants. Babies born before thirty-seven weeks are at risk, and those born before thirty-two weeks are even more at risk, particularly infants that weigh less than three-and-a-half pounds. While these specific risks for necrotizing enterocolitis (NEC) cannot be mitigated, there is one risk that can absolutely be diminished. This risk involves feeding premature babies bovine-based baby formulas, either exclusively or in conjunction with breast milk. Premature babies are often given these cow’s milk-based formulas as a means of helping them gain weight and catch up to full-term babies.

Because these formulas have been identified as significant risks for premature babies and necrotizing enterocolitis, you would assume there are warnings about the risks, yet this is not the case. There are two major baby formula manufacturers in the U.S. that comprise about 80 percent of the formula market. Abbott Laboratories and Mead Johnson are the manufacturers of Similac and Enfamil—perhaps the most well-known baby formulas. Most hospitals use these brands, even sending them home with parents when they leave the hospital with their babies. Parents have no reason to think these formulas could be dangerous to their premature baby precisely because there are no warnings.

The first study on bovine-based formulas, premature babies, and necrotizing enterocolitis was in 1990. This study concluded that premature infants fed bovine-based formulas or fortifiers were two to ten times more likely to develop necrotizing enterocolitis—a potentially deadly disease. Subsequent studies have come to similar conclusions. In 2006, the World Health Organization found clear and consistent evidence that babies who were exclusively fed breast milk had a much lower risk of developing necrotizing enterocolitis.

The medical theory is that a premature baby has an underdeveloped digestive system that is more likely to become inflamed and develop perforations in the intestine when fed a cow’s milk-based formula. Baby formula is a $4 billion annual market in the United States. Mead, Abbott, and other major baby formula manufacturers have refused to warn parents or health professionals of the potential risks associated with bovine-based formulas fed to premature infants. Consequently, many lawsuits are now being filed against the manufacturers of these formulas due to failure to warn.

What Are the Necrotizing Enterocolitis Symptoms and Treatments?

Necrotizing enterocolitis symptoms can include the following:

• Rapid or unusual changes in body temperature
• Changes in heart rate
• Vomit that is green or yellow
• Lethargy
• Lack of weight gain
• Metabolic acidosis
• Jaundiced appearance
• Low blood pressure
• Abnormal breathing patterns
• Lack of appetite
• Sleep apnea

Necrotizing enterocolitis may be treated medically or surgically. When the intestine is perforated and there are dead areas, surgery will be necessary to remove the necrotic pieces of the intestine. The surgeon may leave damaged intestines in the hopes they will heal, since the more intestine the infant is left with, the less likely there will be long-term issues associated with NEC.

Medical treatments include withholding feeding and using an IV to provide nutrients and hydration. Antibiotics may be given to fight infection or prevent infection. In some cases, a nasogastric tube could be placed to prevent the stomach and intestines from filling with air. Medications may be given to help support normal blood pressure, allowing the intestines to receive sufficient blood flow.

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

You may have heard of the statutes of limitations but do not fully understand how they can affect your civil lawsuit. Each state in the United States sets its own statutes of limitations, which can be very different from one state to another—and different depending on the type of lawsuit you are filing (medical malpractice, wrongful death, personal injury, or product liability).

The statutes of limitations are generally absolute, meaning if you miss your window of opportunity you will be forever barred from holding the negligent party liable for your injuries. There are certain exceptions to the statutes of limitations in some states. These exceptions include the Discovery Rule and the statutes of repose.

The Discovery Rule allows extra time in cases where the plaintiff was unaware that the action or inaction of another person caused the injury or harm. The statutes of repose generally apply in product liability lawsuits and sometimes in medical malpractice lawsuits, depending on the state. The statute of repose may allow extra time in a product liability claim, beginning from the time when the product was manufactured, distributed, bought, or sold.

The statutes are complex and can depend on many factors. If you are planning to file a baby formula lawsuit against a negligent party or as a result of a dangerous or defective product, it can be beneficial to speak to an experienced NEC baby formula lawsuit attorney. In the state of Oklahoma, the following statutes of limitations apply:

• A wrongful death lawsuit in the state of Oklahoma must be filed within two years of the date of the death. The Discovery Rule applies, which means if the personal representative is unaware of the cause of the death and it takes more than two years to uncover the facts, a wrongful death claim may still be brought. Under the Discovery Rule, the wrongful death statute of limitations can be extended for as long as the personal representative of the decedent’s estate is consistently investigating the matter.
• A personal injury lawsuit in the state of Oklahoma has two years from the date of the accident to file a lawsuit. The Discovery Rule applies, giving the plaintiff more time when the cause of the accident was not reasonably discovered until later.
• In the state of Oklahoma, a medical malpractice lawsuit must be filed within two years from the date of the incident that caused the injury or harm, or two years from the date the injury or harm was discovered (or should reasonably have been discovered). Oklahoma requires the “exercise of reasonable diligence” when determining whether the harm or injury should have been discovered.
• Oklahoma product liability actions must be brought within two years from the date the plaintiff suffered the injury resulting from the defective or dangerous product. The Discover Rule applies in product liability lawsuits, allowing extra time when it was not reasonable that the injury or harm was immediately tied to the dangerous or defective product. There is no statute of repose in Oklahoma.

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

More baby formula lawsuits are being filed each month. There is currently an MDL NEC baby formula lawsuit in Illinois with 122 plaintiffs. More plaintiffs are expected in the coming months. It can be extremely beneficial to have an experienced NEC baby formula lawsuit lawyer from Sullo & Sullo help you through this difficult time.

We can comprehensively assess the facts and circumstances of your baby’s NEC diagnosis, and help you determine whether a Similac and Enfamil lawsuit is the best course of action for your family. If you live in any of the following Oklahoma locales, contact a knowledgeable NEC baby formula lawsuit attorney as soon as possible.  

Oklahoma City, Oklahoma

Tulsa, Oklahoma

Norman, Oklahoma

Broken Arrow, Oklahoma

Lawton, Oklahoma

Edmond, Oklahoma

Moore, Oklahoma

Midwest City, Oklahoma