Necrotizing Enterocolitis Lawyer
If NEC is not properly diagnosed or treated it can result in severe medical problems for the infant and in such cases medical care providers may be liable for medical malpractice. If you have a birth injury claim or if your infant suffered from improperly treated necrotizing enterocolitis, contact our attorneys today for a no-obligation consultation to discuss your case.
What is necrotizing enterocolitis (NEC)?
Necrotizing enterocolitis (NEC) is a severe intestinal illness that newborns—especially those born prematurely or underweight—can develop. The name, necrotizing enterocolitis, refers to the damage or death of cells in the lower part of the intestine.
In necrotizing enterocolitis, inflammation of the intestines can make it impossible for the infant to digest food properly. NEC typically develops between three and 12 days after birth. In some cases, a baby may appear healthy and stable before symptoms arise.
Symptoms of Necrotizing Enterocolitis
The following initial symptoms of NEC may appear over several days or develop suddenly:
- Refusal to eat or tolerate feedings
- Bloated or swollen stomach
- Pain when touching the abdomen
- Bloody stools or diarrhea
- Vomit or spit-up that is green or yellow
- Inability to maintain average body temperature (95.9–99.5°F on an oral thermometer)
- Low heart rate
- Sleep apnea
If you notice any of these symptoms in your newborn, you should contact your doctor immediately. NEC can lead to potentially severe complications as the condition progresses, including low blood pressure, a weak pulse, and shock. Additionally, the infant’s abdominal cavity can fill up with fluid, and a hole in the intestinal wall may develop.
NEC Complications
Necrotizing enterocolitis can develop quickly and can very easily cause other severe problems, including scarring or narrowing in the intestine, difficulty absorbing food, and severe infection. Although NEC can be treated and infants can recover, in severe cases it can cause death, particularly in situations where the infant is misdiagnosed or suffers additional medical complications.
Necrotizing Enterocolitis Diagnosis
If NEC is suspected, a doctor will first check the infant’s stomach for any swelling that may be present. The doctor will likely perform blood and stool tests next to check for abnormalities. The doctor might also request abdominal X-rays to check for air bubbles, which can be a sign of perforation and other intestinal damage.
Necrotizing Enterocolitis Treatment
Treatment of necrotizing enterocolitis differs from infant to infant depending on the baby’s individual circumstances, with the NEC in premature babies survival rate being good if infants receive prompt treatment. The doctor will consider the infant’s gestational age, how far the disease has progressed, and other medical factors. Treatment can typically include:
- Stopping feedings
- A tube that runs from the nose to the stomach to keep the stomach empty
- IV fluid treatment
- Antibiotics
- Surgery to remove the affected portion of the intestine
- Opening the abdomen and connecting a portion of the intestine to that opening
Why is NEC dangerous?
NEC is a leading cause of illness and death in preterm babies and very low birth weight infants. Those born before 37 weeks of gestation and have a low birth weight are at greater risk. The National Institutes of Health (NIH) reports that between 15% and 40% of babies diagnosed with NEC will die from the condition.
NEC is common among premature infants, affecting about 1 in 1,000. The condition is rarer in full-term babies, at 1 in 10,000.
The exact cause of NEC remains unknown, but some studies indicate higher risks in babies who consume cow milk products. Manufacturers of these products failed to make parents and health care providers aware of an increased risk of NEC development in infants consuming their baby formulas.
Premature Babies and Necrotizing Enterocolitis
Babies born prematurely are at the highest risk of NEC. This is because their organs are often underdeveloped, resulting in a lack of oxygenated blood being circulated throughout their bodies. As a result, premature babies and those who are deprived of oxygen during birth are at a higher risk of weakening of their intestinal walls due to lack of oxygenated blood.
Additionally, premature babies often have insufficient digestive and immune systems, further increasing their risk of becoming an NEC infant.
Baby Formula Linked to NEC Development in Premature Babies
As early as 2011, a connection between infant formula and NEC was noted in a study released by the Johns Hopkins Medical Institutions. In that study, five out of 24 babies who were fed formula developed NEC. Four of those infants required surgery. In comparison, only one out of 29 infants fed human milk developed the condition, and that infant recovered without needing surgery. This data led researchers to recommend a strict breast milk diet when possible for premature babies’ nutritional needs.
Which baby formula products cause NEC?
Any infant formula or human breast milk fortifier that contains cow’s milk can cause NEC. While there are countless brands for sale in the United States, Similac and Enfamil are very popular. According to the USDA’s Economic Research Service, Similac accounts for 43% of all sales, and Enfamil accounts for 40%. The brand Good Start is a distant third, at 15%.
These brands market their products to new parents seeking healthy nutritional feeding options for their children. The Enfamil website cited independent clinical studies stating that “babies fed Enfamil saw a 16% improvement in a measure of vocabulary at 5 years old.” The Similac website boasts that the brand is the “#1 Pediatrician Recommended Brand for Immune Support.” They rely on their long history and independent studies to market their claims of safe, healthy products for babies and infants.
Similac products for premature infants that contain cow’s milk include:
- Human Milk Fortifier Concentrated Liquid
- Human Milk Fortifier Powder
- Special Care® 20
- Special Care® 24 High Protein
- Special Care® 24
- Special Care® 30
Enfamil products for premature infants that contain cow’s milk include:
- Premature Infant Formula 20 Cal with Iron
- Premature Infant Formula 24 Cal High Protein
- Premature Infant Formula 24 Cal with Iron
- Premature Infant Formula 30 Cal with Iron
- Human Milk Fortifier, Acidified Liquid
- Human Milk Fortifier, Powder
These products are widely available. In fact, hospitals and neonatal intensive care units (NICUs) often use them. However, this list does not cover all available cow-milk-based formulas and fortifiers. Some products not on this list may include cow milk derivatives such as whey and casein.
Similac and Enfamil Recalls
As of late 2021, there have been no NEC-related recalls in the United States. However, Similac products were recalled in 2019 and 2010, and Walmart removed Enfamil from its shelves in 2010 after several babies developed bacterial infections.
Similac, Enfamil, and other baby formula brands continue to make and advertise cow-milk products for preterm infants.
Formula Manufacturers Didn’t Warn Parents
Similac and Enfamil fail to mention the dangers of NEC on their websites and product packaging. Currently, Enfamil only mentions NEC once on their website but with a positive spin rather than addressing its risks:
“Human milk can help babies avoid infections and sudden infant death syndrome (SIDS) as well as necrotizing enterocolitis (NEC).”
Similac’s website makes no mention of NEC. Their packaging for premature infant products only states that at the first signs of intolerance, “feeding should be slowed or discontinued.” These instructions are arguably vague and do not indicate any real dangers or risks to babies using milk-based formulas.
Do I have a baby formula claim?
You might be eligible for a baby formula claim if your child developed NEC after being fed an infant formula or human breast milk fortifier that contained cow’s milk. Babies who survive NEC often face a long road to recovery and possible lifelong treatment. They may battle complications long after they’re discharged from a neonatal intensive care unit (NICU). NEC can lead to brain development delays, a failure to meet developmental milestones on time, and ongoing stomach and intestinal problems.
In 2017, the average medical cost for an infant with NEC who needed surgery was greater than $300,000, and health care costs continue to rise each year. On top of an extended NICU stay, NEC-related care can leave parents with a large amount of debt. A settlement can help pay for medical expenses and ongoing care.
Necrotizing Enterocolitis and Medical Malpractice
Due to the potential for severe complications linked to NEC, medical professionals have a duty to be aware of the signs of an NEC newborn, recognize them when they appear and take necessary actions from preventing it from occurring. Failure to provide adequate medical care that results in an infant developing necrotizing enterocolitis can result in a medical malpractice claim against any healthcare professionals who did not take proper action.
Necrotizing enterocolitis lawsuits have been filed against doctors and other medical care providers, alleging their failure to diagnose and properly treat NEC resulted in either death to an infant or severe medical complications.
Contact Cutter Law P.C. for Information About Your Legal Options for an NEC Lasuit
Attorneys at Cutter Law specialize in personal injury cases and have extensive experience with birth injury claims. We fight tirelessly to obtain justice for our clients and ensure they receive the compensation they’re entitled to for harm done to them.
We know how traumatizing a birth injury is and we are here to guide you through the process and help you through this stressful time. Our lawyers have a proven track record of success and have obtained hundreds of millions of dollars for our clients.
If you have a birth injury claim or if your infant suffered from improperly treated necrotizing enterocolitis, contact our attorneys today for a no-obligation consultation to discuss your case.
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