The birth of a child is often (and ought to be) a joyous moment. However, when your child is born prematurely, this happy occasion can easily turn into a cause for anxiety and stress. Premature newborns, also known as preemies, need a lot more attention and care when it pertains to their health, particularly when it comes to nursing and feeding. Many of them experience difficulty breastfeeding and receiving the nourishment they require to grow strong and thrive. For this reason, many physicians often advise formula feeding for supplementary nutrition during this incredibly vulnerable period.

Premature newborns have an increased danger of being affected by necrotizing enterocolitis (NEC) when they are fed cow's milk-based baby formula. NEC is a devastating illness that could leave your child injured and could be fatal in some cases.

Has your baby died or been injured as a result of necrotizing enterocolitis? Do you think their diagnosis or condition is linked to the cows' infant formulas they were given at the Neonatal intensive care unit?

You can choose to join a mass tort case to pursue legal relief for your baby's injuries. You can get in touch with Consumer Alert Now to get access to skilled product liability attorneys who will fight vigorously to help you get what you deserve.

Cow’s Milk Formulas and NEC

Recently, research has demonstrated that certain cow's milk-based formulas have been linked to fatal illnesses. Cow milk consumption has been associated with an elevated risk of getting necrotizing enterocolitis (NEC). Necrotizing enterocolitis is a potentially fatal gastrointestinal condition marked by intestinal damage or inflammation that can result in blood poisoning, infection, multiple organ failure, intestinal necrosis, and death.

However, most infant formula producers, such as Similac and Enfamil, do not notify new parents that administering these formulas to premature infants increases their chance of suffering necrotizing enterocolitis (NEC). It's uncertain whether any medical institutions or medical practitioners were conscious of the risks and refused to notify new parents, as the Similac and Enfamil claims allege.

Unfortunately, some parents who have suffered the unimaginable as a result of consuming cow's milk formulas are now bringing infant formula suits against these companies. A skilled defective infant product lawyer can assist you in building a lawsuit if you feel your child was injured or died as a result of necrotizing enterocolitis after being administered cow-milk baby formula.

You are entitled to expect manufacturers responsible for making infant formulas to make safe and efficient products, and you have to seek justice if their products result in any harm or death. Your family could be eligible for financial compensation for hospital bills, funeral expenses, missed earnings, and suffering and misery as a result of your child's death or injuries.

What is Necrotizing Enterocolitis?

NEC is a condition whereby the walls of a baby's intestines become inflamed and infected, potentially leading to intestinal wall damage. This can result in bowel perforation, causing the contents of the intestine to spill into the newborn's abdomen, causing significant infection or possibly death.

As per the NEC Society, thousands of prematurely born babies develop NEC every year, and hundreds of them die from this severe intestinal illness every year. Most babies barely get to survive for only a few hours or even days after being diagnosed, and the survivors may suffer from lifelong neurological or nutritional problems." NEC is among the major causes of newborn death in the United States, according to the Centers for Disease Control and Prevention (CDC).

Causes of NEC

Necrotizing enterocolitis affects 1 in every 2,000 to 4,000 babies. Although NEC is uncommon in normal-weight babies, it affects 10% of premature babies.

The exact cause of NEC is unknown, but it is clear that it primarily affects premature babies who have been fed formula. One reason for this, according to researchers, is that premature newborns' intestines have an unusually thin inner lining.

Premature babies must reduce oxygen flow to the intestines, which could cause harm to their intestinal lining. Because of the disruption to the intestinal wall, bacteria that usually exist inside the gut can infiltrate the intestinal wall and induce NEC.

The association between baby formula intake and NEC has been demonstrated in several clinical investigations and scientific studies. Premature infants that are given pure human breast milk have a lesser likelihood of developing NEC, which could eventually lead to death, according to research. Infant formula that has been made from cow's milk, according to some experts and scientists, is more difficult for premature newborns to digest due to their microbial make-up and could lead to NEC.

Additionally, infant formula might not be completely sterile, putting delicate preemies at risk of deadly bacterial infections. As a result, milk formula suits have been filed in droves around the country.

Can Enfamil Or Similac Milk Formulas Cause NEC?

The American Academy of Pediatrics (AAP) recommended that premature newborns be given only milk that is purely human-based in 2012. The most comprehensive research on NEC as well as baby formula investigated the wellbeing of 900 preterm newborns who had been given cow-based infant formula.

Preemies who had cow-based milk like Enfamil or Similac were 6 to 10 times more likely to be identified with NEC than those who took human-based infant formula. Enfamil and Similac continue to ignore the dangers of administering cow-based baby formula to premature infants. At the very least, the makers of Similac and Enfamil should include warnings about the likelihood of death or serious intestinal or colon problems.

Symptoms of NEC

Necrotizing enterocolitis (NEC) in premature newborns can cause the following symptoms:

  • A stomach that's swollen, tender, or red
  • Pressure in the abdomen
  • Difficulty eating or keeping the food down
  • Diarrhea
  • Temperature shifts
  • Reduced heart rates
  • Fatigue
  • Throwing up
  • Low blood pressure
  • Unusual breathing patterns

Necrotizing enterocolitis can potentially result in significant injuries such as irreversible blindness, cerebral palsy, failure or removal of the small or large intestines  In the majority of cases, the infant lives but has severe injuries. The infection could be fatal in some situations. The following are examples of major injuries that could occur:

  • Intestinal stricture
  • Short bowel syndrome
  • Sepsis
  • Peritonitis

Infant Formula as a Defective Product

Cow's milk is used in one of the most common types of newborn formulae. Loads of different manufacturers produce these formulae, but Enfamil and Similac are among the most well-known brands of baby formula. Before being launched for public consumption, these businesses must go through extensive research and testing. However, this does not indicate that all is safe for premature newborns.

Generally, product makers in the United States can be made responsible for any damage induced by their goods if they pose an undue threat of harm. Producers do have a responsibility to inform customers about any risks related to their products. That's why you'll notice warnings on pharmaceuticals and electrical shock labels on iron boxes.

An important reason for these types of warnings is that manufacturers invest millions of dollars in researching and developing these products, and the above dangers are frequently discovered throughout that process. It's only natural that the manufacturers should issue a warning to the public. That's also why you have the right to initiate legal action against any firm that harms you, your family, or anyone close to you while failing to alert you of any risks.

This is particularly the case when the company knew their product was unsafe but chose to keep it hidden from customers to boost sales and retain their brand.

It is fair to believe that Abbott Laboratories, which manufactures the Similac infant formula, was conscious of the risk yet failed to warn users.

Premature Birth: Risk Factors

Babies who develop necrotizing enterocolitis as a result of milk-based infant formulas are often caught up in this situation since they were underweight when they were born and often before their expected birth dates. As a result, knowing key risk factors for preterm delivery is beneficial. Although the exact causes of premature births are unknown, several recognized risk factors for premature delivery include:

  • The mother has previously given birth prematurely
  • Carrying twins, triplets, or any other multiples
  • Pregnancies that have less than 6 months between them
  • Getting pregnant through In Vitro fertilization (IVF)
  • Using tobacco or illegal drugs when pregnant
  • High levels of anxiety during pregnancy
  • The mother of the baby was overweight or underweight during or even before being pregnant
  • Uterine, cervix, or placental complications
  • Mother with high blood pressure or diabetes
  • Several abortions or miscarriages in the past
  • Infections of the amniotic fluid or even the lower genitourinary area in the mother
  • The mother was physically harmed or was subjected to trauma

When contrasted with females from other races, black women are more vulnerable to premature delivery for unexplained causes. However, one should keep in mind that anyone might give birth prematurely. Most women who give birth prematurely have no established risk factors. Nevertheless, health officials are concerned about the problems experienced by premature babies who are given milk-based formula from cows.

NEC Diagnosis in a Newborn

An x-ray of the intestines can aid in the diagnosis of necrotizing enterocolitis, which usually starts with obvious symptoms such as those indicated above. After a necrotizing enterocolitis x-ray has been done, a fecal occult blood test to check for an increased number of white blood cells, reduced platelet count, or lactic acidosis may be administered.

Treatment options for NEC

The first step in treating NEC is to terminate the newborn baby's formula prescription. Then, by putting a tiny tube into the baby's stomach, excessive stomach gas could be removed from the intestines.

This enables doctors to start antibiotic therapy and determine if surgery is required. The baby is then fed intravenously. Blood tests, X-rays, as well as other examinations, will be used to keep track of the baby's wellbeing.

When a perforation in the infant's intestines or inflamed abdominal walls is discovered, the doctors will recommend surgery. During the surgery, any dead bowel tissues are removed, then an ileostomy or colostomy is performed. A colostomy can be defined as a surgical operation whereby a section of the large intestine is redirected through a synthetic incision in the intestinal walls to pass through a section of the large intestine that has been damaged.

An ileostomy can also be defined as a surgical technique that involves making an incision on the skin's surface and allowing the ileum to empty its contents into an externally created ostomy apparatus. Once the infection and swelling have subsided, the bowel could be rejoined a few weeks or even months later.

Prognosis for Necrotizing Enterocolitis

Necrotizing enterocolitis (NEC) is a deadly disease that kills 40% of newborns who have had it. Early and active treatment of the condition can increase the likelihood of a complete recovery for the infant.

Who is being sued for baby formula Damages?

Abbott and Mead Johnson, who are the manufacturers of Similac and Enfamil, respectively, are accused of failing to adequately notify caregivers and medical practitioners that their baby formula products may induce or considerably raise the likelihood of developing NEC or death in preemies. According to the present claims, Abbott and Mead Johnson presumably realized that their cow milk baby formula posed a substantial and undue risk to premature babies.

Lawsuits Filed Against Enfamil and Similac

As of now, the NEC infant formula lawsuits argue that the milk-based formula manufactured from cow's milk causes premature infants to develop necrotizing enterocolitis (NEC). Preemies usually have underdeveloped digestive tracts. The claims also claim that after consuming Similac and Enfamil formulas, premature newborns die or develop long-term major medical problems.

The claimants argue that the manufacturers' cow's milk-based newborn nutrition solutions, which had been fed to preterm infants, induced necrotizing enterocolitis (NEC). Claimants in ongoing infant formula cases brought in Ohio, Illinois, and Wisconsin, say that Enfamil and Similac were aware of the risks the formula goods presented to premature infants. They further claim Enfamil and Similac "boldly advertised" their baby formulas as being "comparable to human breast milk" while knowing the dangers such products cause to premature infants.

Recent Research on the Dangers of Toxic Infant Formula

In 2019, an independent agency called Cochrane that conducts clinical studies to assess the efficacy of health care evaluated the consequences of administering a preterm infant formula against breast milk. Cochrane's multi-trial analysis of 1,871 infants indicated that giving formula to preemies or low-weight babies almost quadrupled their likelihood of suffering from necrotizing enterocolitis.

As a result of the studies, several claims have been made against the producers of these infant formulas for failing to notify the general public and medical organizations about the high risks of injuries and death.

Please keep in mind that infant formulae are not approved by the Food and Drug Administration (FDA) when they are sold to the wider population. However, in 2002, the Centers for Disease Control and the United States Food and Drug Administration advised that powdered baby formula be phased out of the Neonatal Intensive Care Units.

Which Infant Formulas Are Involved in These Lawsuits?

The following baby formulas are involved in the lawsuits:

  • Similac Special Care 20, made by Abbott Nutrition
  • Similac Special Care 24 by Abbott Nutrition
  • Similac Special Care 24 High Protein by Abbott Nutrition
  • Similac NeoSure by Abbott Nutrition
  • Similac Liquid Protein Fortifier by Abbott Nutrition
  • Enfamil NeuroPro EnfaCare Infant Formula by Mead Johnson & Company
  • Enfamil Human Milk Fortifier by Mead Johnson & Company
  • Enfamil 24 Cal Infant Formula by Mead Johnson & Company

Deadline to File a Formula-Related NEC Claim

The deadline for bringing a lawsuit varies by state. This is referred to as a statute of limitations. The statutes establish a deadline for filing claims or legal action to receive compensatory damages for your damages and losses.

If you do not bring the lawsuit before the given time frame, you may never be able to collect your damage and losses. The statute of limitations in the state of Florida for product liability or faulty product claims is four years beginning from the date of harm. Florida reduces the time to two years when the action involves wrongful death.

Damages in a Baby Formula Lawsuit

The following are the most common types of compensatory damages sought by claimants in baby formula cases:

Compensation for the Parents and the Injured Child

When an infant has been hurt by NEC, both the baby and his or her parents are affected. The following discussion focuses mostly on the baby's compensation options. Parents or guardians can usually seek compensation for their injury claims (sometimes known as "consequential damages"), either as part of their baby's claim or as an independent claim.

Medical Care Costs

Complainants who win or resolve their cases desire payment for any healthcare they received as a result of the NEC, regardless of whether the treatment was provided in the past, is currently being provided, or will be provided in the future.

Suffering and Pain

Plaintiffs also seek damages for "suffering and pain," both physical and psychological, resulting from NEC-related damages and treatment. Emotional anguish, lack of personal happiness, fear, rage, worry, and other negative repercussions are all examples of psychological suffering and pain.

Reduced Earning Capacity and Loss of Income

Plaintiffs also seek monetary damages for lost wages and decreased earning capacity. Parents or caregivers who took time away from their jobs to care for their children, for example, can seek remuneration for lost income. A child who suffers from a permanent impairment as a result of the NEC will seek compensation for lost potential earnings.

Loss of Companionship

In some cases, parents can seek "loss of consortium" damages, or compensation for the emotional benefits that the affected child provided to his or her family.

Wrongful Death

Wrongful death and survival laws enable victims to obtain compensatory damages such as funeral costs, the decedent child's pre-death suffering and pain, and healthcare costs before the child's death, among other things, when an infant passes away from NEC complications.

Should You Hire an Attorney to Assist You in Your NEC Lawsuit?

You should hire an attorney to help you pursue your NEC case. Your attorney has the experience and knowledge of what to include in your lawsuit to help you negotiate for the maximum amount of damages possible.

When you've found a prospective lawyer for your baby formula case, you'll need to ask them the right questions. If you're pursuing a product liability lawsuit against the manufacturers of Enfamil and Similac, the healthcare practitioners who administered them to the baby, or both, your inquiries will vary. Below are some examples of possible questions to ask your lawyer:

  • What is your experience with personal injury law? While an attorney with more years of professional experience isn't always better than one who has just gotten into practice, it is an aspect to take into consideration
  • Have you taken legal action against companies such as Abbott Laboratories or Mead Johnson?
  • Have you ever filed a medical negligence lawsuit against a doctor or a hospital?
  • How much experience do you have with product liability cases, particularly failure-to-warn lawsuits?
  • How many lawsuits have you successfully prosecuted? While most cases never go to trial, you'll want an attorney who can legitimately threaten to take the case to trial during compensation discussions and bring the claim before a jury
  • How will you be compensated? The majority of personal injury attorneys work on a contingency basis. This means you won't have to pay a charge when you lose the case. However, when you win, the lawyer will receive a cut from your settlement—usually about a third of the whole amount. You could be responsible for charges and costs such as court filing charges as well as expert witness costs regardless of whether you win or lose

Find a Product Liability Expert Near Me

Nothing could be more upsetting than discovering that your child has life-threatening complications that are a result of being fed infant formula as recommended by your doctor. Products that are consumed by children should, in theory, meet strict criteria during manufacturing to guarantee that potential consumers obtain the best nutritional benefits. Therefore, it is critical to seek legal recourse if your child has been diagnosed with NEC. With counsel from an expert and an attorney, you can join a mass tort action and unite with other affected people in taking legal action against the accountable manufacturers.

You can get reputable legal assistance for mass tort litigation all around the country by working with Consumer Alert Now. Our team has extensive experience and understanding of the best solutions for resolving your situation. If you or a loved one requires the assistance of a skilled product liability attorney, please call us right away at 800-511-0747.