What Causes Necrotizing Enterocolitis in Infants?

Necrotizing enterocolitis is a disease characterized by inflammation of the intestine. In some cases, the inflammation can be so severe that it causes perforations or holes in the intestine. These holes can cause bacteria to leak from the intestine, potentially causing sepsis. Any necrotic portions of the intestine must be surgically removed. If the surgeon sees portions of the intestine that are damaged but not necrotic during the surgery, these portions may be left in order to see if they will heal.

The goal will always be to leave as much of the intestine as possible to avoid long-term complications. Necrotizing enterocolitis is most likely to occur in premature babies and is rarely seen in full-term, healthy babies. Premature babies have an underdeveloped digestive system that can become inflamed when the baby is fed a cow’s milk-based formula. This inflammation can lead to severe gastrointestinal issues or perforations.

Unfortunately, parents and medical professionals are unaware that a bovine-based formula can cause necrotizing enterocolitis, even though research was reported in 1990 that definitively tied these cow’s milk-based formulas to necrotizing enterocolitis in infants. There are two primary baby formula manufacturers in the United States that manufacture nearly 80 percent of all baby formula under the brand names Similac and Enfamil.

Most hospitals use these cow’s milk-based formulas for newborns, even sending samples home with parents. There was a clear responsibility on the part of Mead, Abbott, and other baby formula manufacturers to warn parents and medical professionals about the potential risks associated with feeding these bovine-based formulas to premature infants. Because there were no warnings of the potential risks of necrotizing enterocolitis, many parents are choosing to file a Similac and Enfamil lawsuit.

How is Necrotizing Enterocolitis Recognized?

If your baby seems listless or lethargic or is fussier than normal in conjunction with belly distention and tender spots on the belly, necrotizing enterocolitis will likely be suspected. When a mass is felt in the belly by the doctor, there may be a perforation of the intestine. If the X-ray shows small bubbles in the wall of the intestine, necrotizing enterocolitis is likely. Bacteria in the wall of the bowel can cause air or gas in the large liver veins that can also be seen on an X-ray. Other common symptoms of necrotizing enterocolitis can 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 pressur
• Weak pulse
• Fluid in the abdominal cavity
• Infection in the tissue lining of the stomach
• Difficulty breathing
• Jaundiced appearance

Depending on the severity of the necrotizing enterocolitis, your baby may receive medical or surgical treatments. If there are holes in the intestine and necrotic portions of the intestine, these portions must be removed surgically. If necrotizing enterocolitis is treated medically, oral feeding will be ceased, with the baby receiving nutrients and liquids through an IV.

A nasogastric tube could be placed, extending from the nose into the stomach to suction air and fluids from the intestine and stomach, relieving swelling and pain. If the swelling of the baby’s abdomen interferes with the baby’s breathing, a ventilator may be required, or the baby may be given extra oxygen. In severe cases of NEC, platelet and red blood cell transfusions could become necessary.

Severe cases of necrotizing enterocolitis can turn into NEC Totalis, which is an aggressive form of necrotizing enterocolitis. In the past, NEC Totalis could result in the death of the infant, however, today, newer treatments have minimized the risk of death. NEC Totalis causes disease in both the large and small intestines, which can lead to lifelong adverse effects.

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

The statute of limitations governs the amount of time an individual has to file a lawsuit after being injured through the negligence of another person or, in the case of product liability, from a dangerous or defective product. Each state sets its own statutes of limitations that can vary significantly. The states may also have different statutes of limitations for different types of civil lawsuits—medical malpractice, personal injury, product liability, or wrongful death. While the statutes of limitations are considered absolute, there are certain exceptions to those statutes—but not in every state.

Some states incorporate the Discovery Rule, which protects those who did not discover their injury within the allowed time or did not tie their injury to the negligence of another or to a dangerous or defective product. The standard, when the Discovery Rule is allowed, is whether another reasonable person, given the same set of circumstances, would have discovered the injury or harm in a timelier manner. Some states also have statutes of repose, usually in conjunction with a product liability claim.

In this case, the statute of repose may allow extra time based on when the dangerous or defective product was manufactured, distributed, bought, or sold. The statutes of limitations can be complex. If you are planning on filing a Similac and Enfamil lawsuit, it is essential that you speak to an experienced NEC baby formula lawsuit attorney who can help you determine your own statute of limitations. The following statutes of limitations apply in the state of Tennessee:

• Personal injury lawsuits in the state of Tennessee must be filed within one year from the date of the initial incident. The Discovery Rule applies in Tennessee, extending the amount of time when the injury was not immediately discovered and could not have reasonably been discovered until a later date.
• When you file a wrongful death lawsuit in the state of Tennessee, you have one year from the date of your loved one’s death to file a wrongful death lawsuit. The Discovery Rule applies in the state of Tennessee when the plaintiff did not immediately discover or could not have reasonably discovered the injury until a later date.
• Medical malpractice lawsuits in the state of Tennessee must be filed within one year from the time the malpractice was discovered, but no more than three years after the incident occurred.
• A product liability lawsuit has a one-year statute of limitations unless you were unaware that your injuries or harm were the result of a defective or dangerous product. Tennessee has a four-year statute of repose in product liability claims which could potentially extend your window of time, depending on the circumstances of your case.

How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?

If your baby developed necrotizing enterocolitis after being fed a bovine-based formula, you may consider filing a Similac lawsuit. Your baby’s necrotizing enterocolitis may have been severe enough to cause long-term effects. Your family will face a significant level of medical expenses as a result of necrotizing enterocolitis—even more medical expenses if there are long-term effects.

Perhaps just as important, the formula manufacturers must be held accountable for continuing to sell their bovine-based formulas without warning parents and medical personnel of the potential risks. An experienced NEC baby formula lawsuit attorney from Sullo & Sullo can help you decide whether a baby formula lawsuit is right for you, and can handle all the legal aspects if you decide to move forward with a lawsuit. If you are a resident of any of the following Tennessee locales, we can help you with a baby formula lawsuit.

Memphis, Tennessee

New South Memphis, Tennessee

Nashville, Tennessee

Knoxville, Tennessee

Chattanooga, Tennessee

East Chattanooga, Tennessee

Clarksville, Tennessee

Murfreesboro, Tennessee