Product liability claims are complex, especially when the affected person is unable to communicate what happened to them. This is especially true for young children. Child injury claims require thorough observation and investigation.
If someone’s child was diagnosed with necrotizing enterocolitis after drinking milk formula, he or she may be entitled to compensation.
Necrotizing enterocolitis, commonly known as NEC, has been in the media lately, thanks to several NEC lawsuits filed against popular baby formula manufacturers. As a result, consumers are drawing attention to the risk of formula-fed babies developing this disease. Many studies support their concerns. But what is NEC, and to what extent is it common in babies?
We’ll explore some of the research surrounding NEC and its possible causes. This information can help you better understand the risks it can pose to children and infants.
Is Necrotizing Enterocolitis (NEC) Common in Babies?
If you’re wondering how common NEC is in babies, the answer is not very. However, the babies most at risk for NEC are those born prematurely.
Premature babies are at increased risk of developing necrotizing enterocolitis. According to the Cleveland Clinic, NEC affects approximately 1 in 1,000 premature babies.
The risk is much lower for full-term babies. The Cleveland Clinic reports that NEC occurs in approximately 1 in 10,000 full-term babies.
What is NEC?
Necrotizing Enterocolitis (NEC) is a disease that affects infants in which “the tissue in the large intestine (colon) becomes inflamed. This inflammation damages and kills part of the tissue in the baby’s colon,” according to Stanford Children’s Health. This inflammation can cause ruptures in the intestine. If the intestine ruptures, intestinal bacteria can leak into the intestinal wall or abdomen, causing pain, infections, and sometimes death.
Symptoms of NEC include:
- swollen, red, or tender belly
- feeding problems
- food stays in the stomach longer than expected
- constipation
- diarrhea and/or dark or bloody stools
- be less active or lethargic
- low or unstable body temperature
- green vomit
- apnea
- bradycardia
- hypotension
If your child has any of these symptoms, contact your paediatrician or other healthcare professionals immediately.
Does NEC Cause Lifelong Problems?
A new study sheds light on NEC’s lasting impact: While most babies recover, some face long-term health challenges.
Although the full lifetime effects are unknown, babies diagnosed with NEC may suffer from a variety of long-term or later health problems, including:
- neurodevelopmental delay
- developmental delay
- Gastrointestinal disorders
- gastrointestinal stenosis
- gastrointestinal adhesions
- cholestasis
- short bowel syndrome
- intestinal failure
The skilled attorneys at People For Law have led premature baby formula lawsuit for many years. We are prepared to take on your case as well. Talk to our legal advocates today to understand your legal rights and the next steps you should take.
How Do Babies Get NEC?
Although there is no single clear cause of NEC, many doctors believe that premature babies are at higher risk. This is due to their weak circulatory system. Poor circulation in premature babies can starve vital organs like the lungs and digestive system of the oxygen and nutrients they need to function properly.
For this reason, researchers believe that there is a link between babies fed cow’s milk and the development of NEC. This is because formula-fed babies have a more challenging time discomposing it.
Do Similac and Enfamil Cause NEC?
Similac and Enfamil manufacture and market formulas based on bovine (cow’s milk). Multiple studies have found possible links between infants fed bovine milk-based formulas and an increased risk of developing NEC.
For example, a study published in the 1990s in The Lancet found that infants fed bovine-based formulas were up to ten times more likely to develop NEC than those fed breast milk.
Studies by the National Institute of Health and the Journal of Pediatric Research have also supported these conclusions.
Who Is Responsible for My Child’s Nec Injuries?
There are two parties we can pursue in an NEC lawsuit: the formula manufacturers and your child’s healthcare provider. Each of these statements would be based on the following theories:
Product Liability
Product liability is a cause of action brought against a manufacturer for producing a dangerous or malfunctioning product. It also includes cases where manufacturers do not warn about possible dangers. Formula manufacturers may be liable for failing to warn about the presence of NEC and for manufacturing unsafe products.
Medical Negligence
NEC has many causes, including cow’s milk formulas. Doctors and nursing staff can make mistakes that can lead to necrotic neoplasms or use formula with cow’s milk without warning parents of the possible dangers. They may also be responsible if they know the possible risks of NEC but don’t make efforts to avoid them.
Abbott Laboratories and Mead Johnson & Company are two of the major manufacturers facing NEC lawsuit. Its formulas have been directly linked to life-threatening digestive conditions. Abbott announced a voluntary recall in February 2022, and the FDA followed up with a notice.
How Much Is My NEC Class Action Lawsuit Worth?
There is a high potential for significant settlements in the nec lawsuits, as treating NEC is both difficult and expensive.
Premature babies with NEC require intravenous feeding and antibiotic treatment. They also need frequent blood tests, and if abdominal swelling prevents them from breathing, they may need oxygen. Severe cases require respiratory assistance and surgery.
Parents of premature babies who file NEC infant formula claims may be able to recover damages for the following:
- Medical bills
- Future medical costs
- Lost wages (parents’ wages)
- Pain and suffering, including emotional distress
- punitive damages
While there have been medical malpractice claims against NEC in the past, product liability claims against baby formula manufacturers are relatively new.
The amount you will receive from a successful settlement will depend on the severity of your child’s illness and injuries. The costs of the associated treatment and the pain and suffering your family has experienced are also on account. We will discuss possible case values as part of your consultation.
How People For Law NEC Lawsuit Attorneys Can Help
Our attorneys are dedicated to obtaining justice for families facing the consequences of irresponsible manufacturing and healthcare practices. We are proud of our high success rate to back us up.
An experienced NEC baby formula attorney can build a mass tort case using resources that may not be available only to you. We’ll take care of the paperwork and research while you focus on caring for your child.
The skilled attorneys at People For Law have been helping clients obtain justice for more than 30 years. We are prepared to take on your case, too. Talk to one of our compassionate legal advocates today to understand your legal rights and the next steps you should take.