Welcoming a new child into the world is characterized by happiness and enthusiasm. However, this is not the case when a child is born before time or prematurely. The birth of a premature baby is surrounded by fear, stress, and concern for the infant’s health and wellbeing. Many premature babies experience problems while feeding, often requiring extra nutrition. The extra nutrition comes in handy in addressing many health conditions that affect premature infants, including weight loss, dehydration, low blood sugar, and jaundice.

During this vulnerable period, many medics and parents turn to infant formulas to boost the baby’s nutrition. Unfortunately, infant formula could pose risks and dangers to fragile premature babies. There have been many incidences of premature infants suffering a severe condition called necrotizing enterocolitis (NEC) after consuming cow’s milk-based infant formulas.

Formula manufacturing giants Similac and Enfamil continue to face lawsuits from parents or premature infants who suffered NEC after consuming their formulas. These lawsuits allege that the formulas manufactured by Similac and Enfamil put infants at a high risk of developing NEC. Yet, even if the infant manufacturers are aware of the risks posed by their products, they continue manufacturing them without issuing a warning to consumers.

Understanding NEC

NEC is a severe gastrointestinal condition characterized by intestinal inflammation and injury. The condition could lead to multiple organ failure, intestinal necrosis, and death. It is unfortunate that even though many premature infants develop NEC every year, the infant formula labels do not contain any warnings, instructions, or guidelines about the risks of NEC in premature infants. If the warnings were present, perhaps doctors would advise parents against the use of cow's milk-based formulas.

Currently, many parents whose babies suffered life-long effects or died after consuming infant formulas have come out to file lawsuits against the product manufacturers: Abbott Laboratories and Mead Johnson. If your premature baby suffered NEC resulting in injuries or death after consuming cow-milk formula, you could file a claim against the formula manufacturer. An attorney will evaluate your situation, help you determine whether you have a case, and help you build a strong claim.

You and your family could access compensation for the medical expenses incurred and other damages associated with the infant’s injuries or death. Ensure that you contact a baby formula attorney as soon as possible to initiate the claim.

Dangers Of Cow Milk To Premature Babies

The best possible meal for a newborn baby is breast milk. Breast milk contains crucial enzymes and nutrients that shield an infant against infections. In addition, breast milk has numerous long-term benefits, including promoting healthy organ development. If it is not possible for the newborn baby to breastfeed, they could be fed breast milk via tube feeding through the mouth, stomach, or nose. If the mother’s breast milk is not sufficient, the baby could be fed donor breast milk to supplement the mother’s milk.

The risk of NEC reduces with the administration of breast milk but increases with the administration of cow-milk infant formula. Premature babies who feed exclusively on human breast milk with cow-milk products have a reduced risk of developing NEC and death compared to infants who feed on cow-milk products.

Cow’s milk formulas increase an infant’s risk of NEC because cow milk contains components that are difficult for a preemie’s digestive system to process. Powder-based milk formulas are not safe or sterile and thus increase the risk of severe bacterial infections to vulnerable premature infants.

Failing To Warn Consumers

Mead Johnson and Abbot, the manufacturers of Enfamil and Similac, respectively failed to warn consumers that their infant formulas could increase the likelihood of developing NEC or even death in premature infants. Mead Johnson and Abbot know or should reasonably know that their infant formulas pose an unreasonable danger for premature infants.

Many baby formula attorneys are handling lawsuits involving injuries and deaths resulting from NEC after premature babies consume:

  • Similac Special Care

  • Enfacare Powder

  • Enfamil Human Milk Fortifier

None of the cow-based formulas outlined above warn medical providers, physicians, and parents about NEC risk to preemies. If you believe that your infant suffered NEC resulting in injuries or death after consuming Enfacare Powder, Enfamil Human Milk Fortifier, or Similac Special Care Formula, you should contact an experienced baby formula lawyer for a free case evaluation.

The Effects Of NEC

Necrotizing enterocolitis is a severe medical condition, mainly affecting premature babies or sick newborns. This medical disorder is characterized by severe destruction of the infant's intestines mainly because of the inflammation of the bowel tissue or injury. These damages could lead to necrosis or tissue death. In a severe case of NEC, a baby could develop a perforation or a hole in their intestinal walls.

NEC often has devastating effects like blindness during infancy or permanent blindness. NEC could also cause brain injury (cerebral palsy), removal or loss of the small and the large intestines, and death. In most cases, babies who develop NEC sustain catastrophic injuries.

A healthy digestive system contains numerous harmless bacteria that work in line with the intestines to enhance digestion. However, if a baby has NEC, these bacteria could attack the baby’s intestinal walls leading to perforation. When perforation occurs, there is a spillage of the bowel components into the baby’s abdominal cavities, leading to a severe infection.

If bacteria from the digestive tract pass into the baby’s bloodstream, they could cause a life-threatening condition/infection. NEC could lead to the death of certain sections of the injured intestine. In this case, the doctor would have to operate to remove the dead tissues.

Intestinal tears or bowel perforation is a severe medical emergency requiring immediate medical attention since it has a high mortality rate. This means that a baby must undergo emergency surgery to mend the torn areas of the intestine. A significant percentage of babies who acquire NEC infection die because of the perforation of the intestinal walls.

Researchers and medics have never identified the primary cause of NEC. However, feeding a premature infant on cow's milk-based formula increases the risk of NEC. You should contact an attorney if your baby develops NEC after consuming infant formula to help you learn about your legal rights.

The Common Symptoms Of NEC

The symptoms in a premature baby could vary from infant to infant. Some of the common symptoms of NEC in premature infants include:

  • Abdominal distention

  • >A swollen, tender, or red belly

  • Feeding intolerance

  • Diarrhea

  • Vomiting

  • Temperature Instability

  • Lethargy

  • Low blood pressure (hypotension)

  • Pauses in breathing (apnea)

  • Slowed heart rate (Bradycardia)

If an infant displays signs of NEC, doctors can conduct a diagnosis by performing an abdominal x-ray. The x-ray will help reveal abnormal gas patterns. Abnormal gas patterns could appear as a streaky or bubbly appearance of gas in the baby’s intestinal walls. A doctor could also conduct a fecal occult blood test to determine whether a baby has NEC. Other common indicators that an infant could have NEC include lactic acidosis, thrombocytopenia (low platelet count), and high white blood cell count.

Treating NEC In Infants

When an infant develops NEC, the first step involves stopping all forms of feeding. The doctors also relieve gas from the infant’s bowels by inserting a tiny tube into the baby’s stomach. Intravenous feeding and antibiotic treatment are also started. The doctors constantly monitor the infant’s condition with blood tests, abdominal x-rays, and blood gases.

The infant will have to undergo surgery if they have inflammation on the abdominal wall, commonly known as peritonitis or if the infant’s intestines are perforated. The doctor will remove the dead or necrotic bowel tissue. The doctor could also perform a colostomy, which involves performing a surgical procedure and diverting a piece of the colon to an artificial opening on the baby’s abdominal wall. This diversion allows a diversion of the damaged portion of the colon.

Doctors also treat NEC by conducting an ileostomy. This surgical procedure involves creating an opening at the loop or the edge of the small intestine into the skin's surface. The waste materials pass through the ileostomy and collect in an external ostomy system. The doctors will reconnect the infant's bowel several months or weeks later when the inflammation and the infection have healed.

NEC is a severe condition because around 40 percent of infants diagnosed with the condition end up dying. Timely and aggressive treatment comes in handy in improving the outcome.

Filing An NEC Claim

Different states in the U.S. have a deadline for filing an NEC lawsuit. The deadline for filing a claim is known as the statute of limitations. The statute of limitations sets forth the deadline within which you should file a lawsuit to qualify for compensation for your losses and damages. Failing to file a lawsuit within the statute of limitations could prevent you from ever seeking compensation from the infant manufacturers for your child's injury or death.

If your child suffered NEC after consuming cow-milk infant formula, you should contact an NEC attorney as soon as possible to ensure that you do not seek your legal right to seek compensation.

The Role Of A Baby Formula Attorney

A product like an infant formula intended to benefit a baby should not pose unnecessary yet unavoidable harm to an infant. If your child suffers harm because of infant formula, you should seek legal help from an attorney who understands what it takes to hold the manufacturer liable for their harmful products.

Infant formula attorneys have vast experience litigating for clients whose children have suffered harm or complications because of cow’s milk-based infant formulas. An attorney will help you investigate the claim regarding cow-milk infant formula to determine whether you have grounds for filing a lawsuit.

Whether You Qualify To File An NEC Lawsuit

You could file a baby formula lawsuit for potential compensation if you had your infant diagnosed with NEC after consuming Similac or Enfamil. In most cases, babies are given these formulas while in the hospital. If you are unsure whether your infant consumed cow-milk infant formula in the hospital, your attorney can help you find out. You only need to provide the name of the hospital you attended and the hospital’s location.

You could also have given your baby Similac or Enfamil formulas after your discharge from the hospital. In this case, you need to provide receipts or proof of purchase to show that you purchased the infant formula. Attorneys encourage parents to keep evidence like packaging boxes and receipts as proof that they used a certain product.

Recalls Of Similac And Enfamil Baby Formulas

Despite the many complaints regarding Similac and Enfamil baby formulas, there have been no product recalls connected to causing NEC in premature babies. Similac and Enfamil products remain in the market despite their high risk of NEC. Neither the formula manufacturers nor the FDA has recalled the infant formulas.

Necrotizing Enterocolitis Lawsuits

Litigation for NEC claims is relatively new. Every week, new lawsuits emerge against the maker of Similac Abbott Laboratories and Enfamil, Mead Johnson, for allegedly causing babies to develop NEC. Most NEC lawsuits are:

  • Strict product liability for releasing harmful products into the market

  • Strict liability lawsuits for failing to warn consumers -the labels on Similac products do not reveal that the product increases the risk of NEC. Instead, they only state that the formula could make infants susceptible to gastrointestinal problems.

  • Intentional misrepresentation

  • Negligence

  • Breach of warranty

  • Negligent misrepresentation

  • Wrongful death lawsuits if the infant passes away

In 2022, there is a high likelihood that all the lawsuits against Abbott Laboratories and Mead Johnson will consolidate into multidistrict litigation. Multidistrict litigations are similar to class actions. However, in multidistrict litigation, the cases remain separate.

Initially, many parents would file medical malpractice lawsuits against doctors for giving their children cow-milk formulas, Similac and Enfamil. However, medics would point out that they were not aware of the NEC risks posed by the infant formulas because the formula manufacturers did not issue any warning.

Find An NEC Lawsuit Attorney Near Me

If your premature infant suffers NEC after consuming infant formula, you can file an NEC lawsuit against the manufacturer to seek compensation. If you need legal assistance in filing an NEC lawsuit in the United States, contact Consumer Alert Now. Our attorneys will help you gather relevant evidence to support your claim. Contact us at 800-511-0747 and speak to one of our attorneys.