If your preterm infant was given infant formula and subsequently suffered from necrotizing enterocolitis, here is good news for you.

Many scientific studies reveal that baby formula significantly increases the rate of NEC. It is a severe gastrointestinal inflammatory condition that causes bacteria to leak out the child's intestines. Plaintiffs across the United States believe that Mead & Johnson and Abbott have a duty of care to protect consumers from harm. Notwithstanding the responsibility, these manufacturers continue marketing their products as safe even after research discovered the relationship between NEC and the toxic formula. If you think your child was a victim, you qualify for filing a lawsuit and compensation for losses incurred.

What is NEC?

Necrotizing enterocolitis is a severe intestinal disease common among premature children. It occurs when tissue in the large or small intestines is inflamed or injured. It can lead to intestinal tissue death and sometimes a hole in the juvenile's intestinal wall (perforation).

In this gastrointestinal disease, the intestine cannot hold waste, and bacteria can pass into the child's bloodstream and cause infections. Waste can pass into your preterm child's abdomen, making the minor sick.

Generally, symptoms vary from one child to the other and can be likened to other digestive challenges. Common symptoms include:

  • Green vomit

  • Apnea

  • Slowed heart rate

  • Low blood pressure (hypotension)

  • Constipation

  • Bloody stool

  • Diarrhea

  • A swollen, tender, or red belly

  • Challenges feeding

  • Unstable or low body temperature

  • Lethargic (being less active)

Causes of NEC

Healthcare practitioners do not know the exact cause of NEC.

Preterm children have a weak immune system. The immune system assists the human body in fighting infections. Also, the preemie's digestive system is weak. When your preterm baby suffers from intestinal infections, their digestive and immune systems have challenges fighting them.

Oxygen-carrying blood has challenges reaching the intestines in your child. Reduced blood flow destroys intestinal tissue, allowing bacteria to leave your child's intestines and enter their bloodstream or abdominal activity.

How Necrotizing Enterocolitis is Diagnosed

Your son or daughter's physician can notice tenderness and swelling in your child's belly during a physical exam. If a mass is felt, there is air in the area. Sometimes, the doctor can notice abdominal wall redness. It indicates perforation and inflammation in the child's abdominal cavity.

The physician will perform an x-ray to rule out or confirm NEC. The diagnostic imaging will show several tiny bubbles in the pneumatosis (intestinal wall). In a severe case, the imaging will show gas or air in the huge veins of the child's liver. Bacteria in the bowel wall produce the air.

How NEC is Treated

NEC can either be surgical or medical for children. If your child's intestine is not perforated and only a tiny section of the intestine is damaged, usually medical treatment is the option. Most preterm children with NEC do not require surgery. Medical treatment options include:

  • Stopping regular feeding and the child receives nutrients intravenously

  • Doctors can place a nasogastric tube that extends from the child's nose into their stomach to remove fluids and air for the intestine and stomach, relieving discomfort and swelling.

  • Administering antibiotics

  • Checking for bloody stool

  • If abdominal swelling affects breathing, offering mechanically assisted breathing

  • Conducting regular blood tests to identify signs of imbalances and infection the child's body chemistry

  • Re blood cells and platelets transfusion can be necessary in severe cases

Surgical procedure is the last resort. The surgeon examines your baby's intestine and eliminates only the damaged sections, allowing the remaining segments to regain their function.

An ostomy (opening in the infant's abdominal wall) is created to permit the infant's bowel to heal.

Why Infant Formulas Increase the Possibility of Developing NEC?

Medical doctors and scientists do not know why formula increases the risk, but they have ideas. A study conducted in 2021 discovered that infant formulas contain levels of free fatty acids that are toxic to intestinal cells and can result in significant damage to cells in the gut.

Also, in 2010 scientists compared intestinal cells exposed to baby formula and those exposed to human breast milk. They found that the formula increases cell damage, oxidation, and cell death. Preemies have immature intestines that cannot protect themselves. While cow milk-based formula facilitates the proliferation of bacteria, human breast milk is protective, lowering bacteria invasion and inflammation.

Additionally, the 2020 Cochrane study discovered that artificial baby formulas do not have antibodies and substances in human milk that protect the preterm child's gut and reduce the likelihood of suffering from severe bowel problems.

According to the British Medical Journal report, baby product makers like Enfamil and Similac have funded unreliable and biased clinical product trials and could have downplayed potential health threats. The scientists discovered that the trial lacked transparency and independence and published biased results by selective reporting.

Identical research published in 2012 by the Journal of Pediatric Research and in 2017 by the National Institute of Health support the previous study's findings, linking the increased possibility of NEC to babies fed on formula over preemies who were not.

Some of the infant formulas that are subject to NEC lawsuits include:

  • Similac NeoSure

  • Similac Human Milk Fortifier

  • Similac Special Care 30, 24, 20

  • Enfamil Human Milk Fortifier

  • Enfamil 24 Cal Infant Formula

Are There NEC-Causing Baby Formula Lawsuits?

Currently, hundreds of baby formula claims are pending in court across the United States, and each week, new claims are filled. As parents and victims continue to understand the relationship between NEC and the baby formula, more claims are filed.

The lawsuit's cause of action is that Mead Johnson (Enfamil's maker) and Abbott Laboratories, Inc. (Similac's manufacturer) acted negligently. The manufacturer's responsibility is to study their product and caution parents and pediatricians of any health risk related to their product.

As early as 1990, Lancet, scientific literature revealed the relationship between infant formulas and the greater risk of the gastrointestinal condition in preemies. However, the manufacturers failed to advise medical experts of the risk. Instead, they still market the food product as safe.

Previously, some parents took legal action against hospitals and doctors that treated their children. However, it is now clear that most pediatricians and physicians did not know infant formula causes NEC.

You can file a claim for compensation if your premature child met the criteria below:

  • They were born prematurely, at 37 weeks or less, or they were born underweight at 5.5 pounds or less

  • They fed on Similac or Enfamil formula after 1991 in a health care facility while in a newborn intensive care unit (NICU)

  • They were diagnosed with NEC within two weeks of feeding the cow milk-based formula

  • They died due to the consequences of NEC or related health complications

If you wonder whether you are eligible for compensation, please consult a skilled mass tort lawyer. They will review your case facts and offer legal advice.

Before filing your lawsuit, your lawyer will gather evidence that Similac or Enfamil formula caused your child's NEC. Remember to provide the lawyer with receipts, medical records, and answers about how the injury or demise has affected your life. Once the attorney has collected enough evidence, they will draft a complaint.

Statute of Limitations

The statute of limitations to file your lawsuit depends on the following factors:

  • The state where NEC took place

  • The person filing the claim (the child, parent, or an estate)

  • When the victim discovered the health condition

Current Status of Baby Formula Lawsuits

It is projected that plaintiffs will consolidate the toxic baby formula claims against Abbott and Mead into multi-district litigation. Joining identical claims into MDLs accelerates litigation by having a federal judge make all decisions. Bellwether cases will proceed to trial where the juries determine accountability and damages. The results of the trials determine what happens with out-of-court settlements. That means if claims return huge financial awards, the remaining plaintiffs will have an advantage in settlement negotiations.

In December 2021, plaintiffs' attorneys asked the Illinois Supreme Court to merge cases into a class action. The court granted Mead Johnson and Abbott an extension in January 2022 to respond. Customarily, Illinois law is compassionate to alleged victims. Therefore, most parents across the U.S choose to take legal action in Illinois.

Recoverable Compensation Awarded

If your preterm infant was fed Similac or Enfamil formula while in a NICU and developed NEC, you can recover the following damages:

  • Medical bills to treat your baby's injuries (both future and past)

  • Pain and suffering resulting from the injuries

  • Lost income

  • Lost earning capacity

  • Punitive damages if the defendant act egregiously

Find Aggressive Legal Representation Near Me

Premature children have unique feeding challenges, cannot breastfeed, and are likely to require additional nutritional needs. Although parents can express breastmilk, doctors also recommend infant formula to supplement the preemie's extra nutrients to grow and develop. Nevertheless, recent studies suggest that cow's milk baby formula increases the risk of necrotizing enterocolitis. NEC is not only a fatal gastrointestinal condition but can result in significant losses, including medical expenses and pain and suffering.

Similac and Enfamil are famous baby product makers who failed to include warnings on the product's labels regarding the potential NEC risks. Currently, parents across the United States are filing lawsuits against these defendants. If you believe your preterm child was given formula and later suffered from NEC or died, please consult the legal team at Consumer Alert Now to learn more about baby formula lawsuits and your rights. Schedule your no-obligation, confidential case review by contacting us at 800-511-0747.