Necrotizing Enterocolitis, abbreviated as NEC, is a devastating gastrointestinal condition that mainly affects medically compromised or premature infants. This condition occurs when certain bacteria enter a child's intestinal wall causing damage to the intestine. Studies have shown a link between NEC and baby formulas or fortifiers derived from cow's milk. Infant formula manufacturers make fortifiers to enhance weight gain for premature babies. However, when infants ingest these fortifiers, they lead to long-term, severe health conditions. Most infant formula NEC lawsuits revolve around Similac (manufactured by Abbott) and Enfamil (manufactured by Mead Johnson).

Understanding Necrotizing Enterocolitis

NEC is a detrimental intestinal complication in premature infants. NEC makes a baby’s intestines unable to hold waste. This makes waste enter the baby's bloodstream, causing a severe infection. This waste could also find its way into the baby's abdomen, causing severe illness. Perforation could also occur in the infant's intestinal wall. NEC could cause sudden death or long-term neurological problems in babies that survive.

According to the American Academy of Pediatrics, breast milk provides the best nutrition for infants. However, it is not always possible to feed preterm babies on human milk at times. In some cases, healthcare providers recommend infant formulas or nutritional boosters (human milk fortifiers) to babies born before 37 weeks or babies with health complications.

Some babies tolerate formula well. However, others, especially the preterm babies fed on cow's milk-based formulas, develop NEC, a life-threatening condition. As a result, many parents have filed baby formula lawsuits starting in January 2020 against the manufacturers of baby formulas. Most lawsuits are against Abbott Laboratories (the makers of Similac) and Mead Johnson (the makers of Enfamil).

The Link Between Baby Formula And Necrotizing Enterocolitis

Many scientific studies have revealed that children fed on cow-milk formula have a high risk of developing NEC. The same risk applies to babies fed on breast milk with fortifiers. NEC is 6 to 10 times more likely to occur in formula-fed babies than babies fed on breast milk, according to a study conducted on 926 preterm infants in 1990. Severely underweight premature babies have a much higher risk of developing NEC when they are fed on cow milk formulas or fortifiers.

Many healthcare professionals have shifted to giving preterm babies breast milk exclusively, given the NEC risk posed by formulas like Similac and Enfamil. Preterm babies fed exclusively on breast milk rarely develop NEC. Donor breast milk is used in many NICUs if there is no other substitute to help reduce the risk of NEC.

However, despite the prevalent risks of cow milk-based formulas, many hospitals continue to feed preterm babies on formulas due to their low cost. In addition, many manufacturers of infant formulas do not give warnings about the increased risk of NEC associated with their products.

Common NEC Side Effects And Complications

Some of the most common side effects of NEC are:

  • Feeding difficulties
  • Swollen, tender belly
  • Diarrhea
  • Constipation
  • Green vomit
  • Lethargy
  • Slow heart rate (Bradycardia)
  • Low blood pressure (Hypotension)
  • Labored breathing

The common complications of NEC include:

  • Intestinal strictures
  • Abdominal infection
  • Failure to grow
  • Malabsorption issues
  • Developmental delays
  • Neurological problems
  • Death

NEC occurs when inflammation occurs in a baby’s large intestines, damaging or perforating them. Bacteria could also leak out from the damaged intestines, causing scarring, infection, growth restriction, or death.

Treatment for severe NEC in babies includes intravenous (IV) medication, nasogastric tube, and surgery to remove the damaged parts. Doctors are not aware of the specific cause of NEC. However, there is a proven link between cow's milk-based infant formulas and the development of NEC in premature babies.

Recall of Similac And Enfamil Baby Formulas

It is common for doctors to feed preterm babies in NICU on Similac and Enfamil formulas throughout the United States. As of late 2021, the FDA (Food and Drug Administration) had not recalled Similac and Enfamil formula over links of causing NEC in preterm babies. Recalls involve removing unsafe products from the market. The manufacturers of Similac and Enfamil do not warn parents and doctors regarding the potential risks associated with their products.

First Lawsuits Were Medical Malpractice Cases

The first cases filed by parents whose preterm babies developed NEC after consuming infant formulas were medical malpractice cases. Parents claimed that the medical officers did not warn them about the risks posed by infant formulas in premature babies. Therefore, the parents could not give informed consent to healthcare providers to give their babies formulas because they were not aware of the risks. However, the medics defended themselves by claiming that the formula manufacturers did not inform them about the risks associated with the formulas.

To date, some plaintiffs are still fighting medical malpractice cases against hospitals and medical professionals. However, recent years have seen many plaintiffs shift the blame from the hospitals and medics to baby formula manufacturers.

Damages Available In NEC Lawsuits

Most NEC product liability lawsuits are still in the infant stages. As of late 2021, no NEC settlement agreements were available in the public domains. Therefore, it is challenging to put a dollar figure on NEC lawsuits. Below are the common damages that plaintiffs seek when they file lawsuits against Similac and Enfamil manufacturers:

  • Medical costs are compensation for costs incurred in treating NEC, including past, current, and future costs.
  • Pain and suffering are compensation for the physical and mental suffering resulting from NEC-related treatment.
  • Loss of consortium — A parent could seek compensation for loss of consortium. This is the loss of the intangible benefits like affection, nurturing, and care that the child would have given the parents.
  • Lost income and loss of earning capacity — A parent could have taken some time off work to take care of their sick child.
  • Wrongful death — Survivors could seek damages like funeral and burial costs, among other costs.

Find An NEC Lawsuit Attorney Near Me

If your preterm child suffers one or more of these side effects or complications after consuming infant formula, you could be entitled to compensation for the medical expenses incurred in seeking treatment. We invite you to contact our Necrotizing Enterocolitis lawyers at Consumer Alert Now. We provide reliable legal representation to clients throughout the United States. Contact us at 800-511-0747 and speak to one of our attorneys.