NEC Infant Formula - Guardian Legal Network

Necrotizing Enterocolitis Baby Formula Lawsuit

Manufacturers of popular baby formula brands are facing lawsuits for their role in causing necrotizing enterocolitis (NEC) in infants. Their negligence has devastated families reeling from the effects of this deadly intestinal disease and are now lawyers are holding them accountable for failing to warn their products could have such consequences.

Any mother whose child ingested baby formulas containing cow’s milk is possibly exposed to NEC. If your child has been diagnosed with NEC or other gastrointestinal injury requiring surgery, your family may be eligible for this mass tort litigation.

The Guardian Legal Network can connect victims with an experienced personal injury attorney and hold these manufacturers accountable for their actions. Contact us today and pursue the justice you deserve

What is NEC?

Necrotizing enterocolitis, or NEC, is a deadly intestinal disease most common among premature infants. It occurs when the tissue of the small or large intestines is injured or inflamed, leading to a hole in the intestinal wall or death of the tissue. The result is an intestine unable to hold waste and bacteria likely to pass into the bloodstream, causing a life-threatening infection that may lead to the need to remove parts of the intestine.

NEC affects 5-12% of low birth-weight infants, leading to 20-40% of surgeries and is fatal 25-50% of the time. While the exact cause is unknown, multiple scientific studies link infant formulas using cow’s milk to higher incidents of NEC in comparison to human milk.

Manufacturers such as Mead Johnson and Abbott Laboratories, manufacturers of Similac and Enfamil, are among those at the center of this litigation. These popular brands are two of the various defendants at the center of this lawsuit.

Symptoms of NEC

The symptoms of necrotizing enterocolitis are numerous and can be hard to identify. Most can be mistakenly attributed to other digestive problems given overlapping injuries. An infant with NEC may experience:

Apnea
Blood in stool
Bradycardia
Constipation
Diarrhea
Green vomit
Hypotension
Lethargy
Low or unstable body temperature
Swollen, red, or tender belly
Trouble feeding

Necrotizing Enterocolitis Treatment

NEC requires an array of treatments to ensure an infant’s condition doesn’t get worse. They include:

Antibiotics
Exams or Abdominal X-rays
IV Fluids
Nasogastric or Orogastric Drainage
Temporary Stop for All Feedings
Surgery in Severe Cases

These are likely to begin immediately for the best chances of the child’s survival. Additionally, the baby’s feces and belly size are regularly checked to prevent apnea and how much bacteria has spread. When a child recovers from NEC, they experience little to no feeding problems, though they may need more surgeries if their intestine is blocked, narrowed, or scarred.

Costs of NEC Treatment

The price of treating necrotizing enterocolitis and increasing an infant’s survival chances regularly reaches the hundreds of thousands. Two studies were done estimating the costs of surgical NEC treatments, one estimating it to be between $400,000 to $500,000 and the other being between $300,000 to $660,000 factoring in hospital costs. Both of these studies focus on laparotomy and peritoneal drainage surgeries.

However, there is still no guarantee an infant will survive even if they receive these surgeries. Studies show children who underwent peritoneal drainage had an early mortality before 29 days of age with those who received laparotomy or both surgeries experience a late mortality (after 29 days).

NEC Infant Formula Lawsuit

Parents are filing over 100 lawsuits against manufacturers for failing to warn consumers about the NEC dangers their products posed. These products were knowingly advertised and sold despite previous studies suggesting their cow-based infant formula could spread a deadly intestinal disease.

The brands included in the lawsuit are:

Best Organic Baby Formula
Enfamil
Happy Baby Organic Formula
Similac Pro-Advance Baby Formula
Up & Up Infant Formula

Now is the time to hold these manufacturers accountable for their negligence and pursue justice with families devastated by NEC.

Find An Experienced NEC Attorney Today

The Guardian Legal Network can connect victims with an experienced attorney ready to take your NEC case. If your child was diagnosed with NEC, you may be eligible for potential compensation. Contact us today and seek the justice you deserve.

References

Dirnberger, Daniel R., ed. “Necrotizing Enterocolitis.” KidsHealth. The Nemours Foundation, October 2018. https://kidshealth.org/en/parents/nec.html.
Fowler, Hayley. “Abbott Sued Over Formula Linked To Premature Baby Death.” Law360, November 29, 2022. https://dockets.justia.com/docket/illinois/ilndce/1:2022cv07086/424651
Shulhan, Jocelyn, Bryan Dicken, Lisa Hartling, and Bodil Mk Larsen. “Current Knowledge of Necrotizing Enterocolitis in Preterm Infants and the Impact of Different Types of Enteral Nutrition Product.” Advances in Nutrition: An International Review Journal. U.S. National Library of Medicine, January 11, 2017. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5227976/.
Stey, Anne, Elizabeth S. Barnert, Chi-Hong Tseng, Emmett Keeler, Jack Needleman, Mei Leng, Lorraine I. Kelley-Quon, and Stephen B. Shew. “Outcomes and Costs of Surgical Treatments of Necrotizing Enterocolitis.” Pediatrics: Official Journal of the American Academy of Pediatrics. U.S. National Library of Medicine, May 2015. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4411777/.