NEC Baby Formula Lawsuit Attorneys

What is Necrotizing Enterocolitis?

Necrotizing enterocolitis is a dangerous intestinal disease caused by a bacterial infection. If the infection becomes severe, it can cause a perforation in the intestinal wall, resulting in intestinal fluids leaking into the abdominal cavity. NEC is most common among premature infants (born at or before 37 weeks) due to their underdeveloped gastrointestinal tracts.

When treated, NEC still has about a 25% fatality rate among infants. Roughly 30% of all cases require specialized surgery to repair the damaged intestine, which carries its own complications and risks, too.

Symptoms & Complications of NEC

If a child survives the initial complications of NEC, then there is still a high risk of long-term complications.

Children born with NEC can suffer from:

• Short bowel syndrome
• Severe and lasting malnutrition
• Bone disease
• Mental health disorders due to cognitive impairment

It is important for parents to notice the warning symptoms that their child is suffering from NEC as soon as possible. The most common symptoms are abdominal swelling, bloody stool, green or yellow vomit, unusual lack of weight gain, and low energy. If your child is experiencing any of these symptoms, seek immediate medical attention.

NEC Connected to Similac & Enfamil

For decades, it has been known that NEC can be caused by feeding an infant the incorrect type of baby formula, especially among premature infants. A study from the early ‘90s determined that children were roughly 800% more likely to suffer from NEC if fed baby formula that was based on cow milk, not human breastmilk. Years of additional research from respected institutions like the Johns Hopkins Medical Institution confirmed this severe risk.

Despite the link between NEC and cow milk baby formula, Similac and Enfamil continue to manufacture these types of formula. At no point has either brand issued a warning to parents that feeding the formula to a premature infant could dramatically increase the risk of NEC.

Similac cow milk-based baby formula linked to NEC includes:

If your premature infant drinks baby formula, you should discontinue the use of Enfamil and Similac brands. Talk to your pediatrician about what brands or feeding methods you can use instead.

Who Should File an NEC Baby Formula Lawsuit?

Briggle & Polan, PLLC is currently hearing from parents whose children might have suffered NEC due to consuming Enfamil or Similac brand baby formula. Every NEC baby formula lawsuit is unique, though, and so are its chances of being legally sound. We would be happy to help you figure out if you have a claim or lawsuit that should be pursued.

You could have a valid NEC baby formula lawsuit if your case matches these prerequisites:

• Your child was born prematurely (at or before week 40).
  • If your child was born at or before week 37, then there is no requirement that your child had NEC-related surgery, but there is a requirement for a formal NEC diagnosis and your infant must not have left the hospital before the diagnosis.
  • If your child was born during weeks 38, 39, or 40, then your child must have been diagnosed with NEC within 3 months of birth and undergone surgery for NEC-related complications.
• Your baby was fed a cow milk-based formula or fortifier in the hospital, NICU, or similar clinic before receiving an NEC diagnosis.
• Your baby was fed a formula that was manufactured by Enfamil or Similac.
• Your child was diagnosed with NEC in or after 2002.

If your child passed away from NEC complications, then you can file a wrongful death claim in pursuit of justice and compensation. Your state’s statute of limitations on wrongful death claims will apply, though, so you must start a claim before it expires. Some states will only give a parent 12 months to start a claim, making it important to speak with an attorney sooner than later.