Understanding NEC in Newborns

Necrotizing enterocolitis is a disease that occurs primarily in premature newborns, although it can potentially strike a full-term baby who has other medical issues as well. NEC is rarely seen in babies who are exclusively breastfed. It is believed that premature babies have an underdeveloped digestive system and that when these babies are fed a cow’s milk-based formula, that formula further irritates the intestinal tract, in some instances causing perforations or holes in the intestine.

When an insufficient amount of blood and oxygen reaches the immature intestinal tissues of the infant, bacteria can damage those tissues, potentially causing tissue death. When these perforations in the intestine occur, emergency surgery is usually required to remove the sections of the dead intestine. Babies who are born at less than 37 weeks—and especially those born at 32 weeks—who are fed these cow’s milk-based formulas, have a much greater risk of developing necrotizing enterocolitis.

NEC is commonly diagnosed through an abdominal X-ray which may show signs of air or gas in the large veins of your baby’s liver. There may also be air on the outside of the intestines, in the baby’s belly. A needle may be placed into the abdominal cavity to look for intestinal fluid in the child’s abdomen, signaling a hole in the intestines. The treatment for NEC will depend on your infant’s age, symptoms, and general health and may include the following:

• Feedings could be temporarily stopped
• A tube may be run from the infant’s nose to the stomach to ensure the stomach remains empty
• IV fluids and nutrition could be given to the infant
• Antibiotics may be administered for a current infection or to prevent an infection
• A breathing machine or extra oxygen could be given to the infant when the belly is so swollen that breathing is interfered with
• X-rays will be taken to determine how the condition is progressing
• The baby may be isolated to ensure the infection does not spread

Some babies will require surgery to remove the damaged portion of the intestine, and the abdominal cavity may require draining. There can potentially be long-term issues for babies who have had necrotizing enterocolitis. There may be scars or narrowing of the intestine, making it difficult for the baby to absorb nutrients and food. Neurodevelopmental delays can occur, and short bowel syndrome, with or without intestinal failure can occur, which can be difficult to manage.

What Are the Most Common NEC Symptoms?

Parents are often the first to notice symptoms of necrotizing enterocolitis. The infant may seem lethargic, or his or her belly may be tender, swollen, or distended. Other common signs and symptoms of necrotizing enterocolitis include the following:

• Difficulty feeding, or no appetite
• Constipation, diarrhea, or food staying in the stomach longer than usual
• A body temperature that is low or unstable
• Bile-containing green vomit
• Pauses in breathing
• Low blood pressure
• A slower heart rate

Sometimes necrotizing enterocolitis is not immediately suspected, as the symptoms of NEC can be caused by other, less severe digestive problems. Since digestive problems are common among premature newborns, it is important that parents are told about the potential harm in feeding a premature baby a cow’s milk-based formula. Unfortunately, the primary manufacturers of these cow’s milk-based formulas have not warned parents about the potential dangers of feeding these formulas to premature infants.

Research as far back as the 1990s indicated that bovine-based formulas could potentially trigger necrotizing enterocolitis, yet no warnings have been placed on these baby formulas even though more recent studies have backed up the findings. These formula manufacturers could have—at any time over the past three decades—placed a notice about the increased risk of NEC to premature newborns who are fed a bovine-based formula. Parents who had this information would have then chosen to breastfeed exclusively or find an alternative formula rather than taking a chance on their child developing NEC.

Should You Consider an NEC Baby Formula Lawsuit?

Parents with a child in a NICU are often given baby formula as a “safe” alternative to breast milk. Those who manufacture the bovine-based formulas often compare their formulas to human milk, yet based on the literature and research, manufacturers like Mead Johnson and Abbott Laboratories knew—or should have known—about the risks of NEC. Despite this, these manufacturers failed to warn hospitals and parents about the dangers of these formulas for premature infants.

Even without unexpected complications (like NEC), caring for a premature baby can be overwhelming. A diagnosis of NEC compounds the difficulties facing you and your baby. It is likely you have not even thought about filing a necrotizing enterocolitis baby formula lawsuit. Yet an NEC baby formula lawsuit can lead to a significant settlement which can help parents who are facing a mountain of legal bills associated with their baby’s necrotizing enterocolitis.

If the formula manufacturers—like Mead Johnson and Abbott Laboratories—are found liable, they could be forced to pay for medical expenses, the pain and suffering your child has experienced, the costs you have incurred as a result of the NEC diagnosis (like lost wages), and even long-term care costs if it is likely that your child will experience NEC issues like neurodevelopment impairment or short bowel syndrome.

If your child will have a lower quality of life as a result of necrotizing enterocolitis, then these future medical costs are important. In August 2022, the lawsuits against Abbott and Mead were consolidated into an Illinois MDL. Multidistrict litigation is a way to make the court more efficient in situations where there are multiple plaintiffs.

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

If you are considering filing a necrotizing enterocolitis lawsuit after your baby was harmed by being fed a cow’s milk-based formula, you must consider your state’s statutes of limitations. All states have these statutes of limitations in place which provide a window of time in which a claim for damages must be filed. The statutes vary between states, and while some states implement the Discovery Rule and also have statutes of repose, others do not. These statutes of limitations can be complex, requiring the assistance of an experienced NEC baby formula lawsuit attorney. In the state of South Carolina, the following statutes of limitations apply

• For personal injury claims in the state of South Carolina, the statute of limitations is three years following the date of the accident or injury. The Discovery Rule applies to personal injury claims, making the starting point when the victim knew—or reasonably should have known—that an injury or harm occurred.
• Wrongful death claims also have a three-year statute of limitations in the state, with the Discovery Rule dictating that the time will begin to run when the injury or harm is discovered or reasonably should have been discovered. This is important because in some cases when a loved one has suffered an injury or harm, that injury or harm might not become apparent for months after it occurs—perhaps even until the injury or harm causes death. So, if an injury directly contributed to the death of your loved one, the statute of limitations can begin at the time of the injury, or at the time of reasonable discovery—which could conceivably be at the time of death.
• Product liability claims in the state of South Carolina have a three-year statute of limitations, but in some cases, the statute of repose in the state could apply. The statute of repose is 8 years and may begin at the time the product was manufactured, delivered, bought, or sold.
• Medical malpractice claims must be filed in the state within three years from the date of the procedure, act, or lack of a reasonable act or three years from the date the injury or harm is discovered or should reasonably have been discovered.

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

Speaking to an experienced NEC baby formula lawsuit lawyer from Sullo & Sullo can be one of the best steps you take after facing the difficulties of your newborn’s NEC diagnosis and treatment. We will look at all the facts and circumstances surrounding your child’s NEC, then will help you determine whether it is in your best interests and your child’s best interests to file a necrotizing enterocolitis baby formula lawsuit. With all the difficulties you have faced since the birth of your baby, we are ready to be the advocate you need and deserve.