If your baby developed necrotizing enterocolitis (NEC) from baby formula, contact an experienced NEC Lawsuit Attorneys like ours in Kentucky for help right away. Babies who were diagnosed with NEC after being fed cow’s milk-based formulas such as Similac (by Abbott Laboratories) or Enfamil (by Mead Johnson), may be entitled to significant compensation. This is particularly true if your child was premature and provided baby formula in the neonatal intensive care unit (NICU), where manufacturers have failed to warn families and skilled medical providers of the risks of NEC in premature babies.
Indeed, roughly 9 out of every 10 cases of NEC occur in premature babies, especially those who were fed through a tube in the stomach (enteral nutrition). Of those premature babies, over 70% occurred in those who were born younger than 36 weeks. That is because very low birthweight babies, particularly those under five and a half hours (5.5 lbs), are most likely to develop NEC. Some statistics indicate that seven out of 100 of all very low birthweight babies in the NICU will develop NEC. Once a baby is diagnosed with NEC, medical providers must act immediately and aggressively to treat the baby otherwise there catastrophic and life-threatening damage to a baby’s digestive system could occur – sometimes in just a matter of hours – which just highlights the outrageous conduct of these formula manufacturers.
Thus, if your loved one was diagnosed with NEC or any formula-based condition, or if your baby unexpectedly died in the NICU or in the first few weeks of life, call the Maze Law Offices in Kentucky to speak with an experienced NEC injury lawyer. We offer FREE consultations and case evaluations for families to learn more about their rights to compensation against manufacturers and other defendants who may have caused or contributed to the death of your loved one.
Although there is a near endless stream of baby formula products, any of them using cow’s milk could result in NEC. Because of this, anytime your baby was diagnosed with NEC, just contact an experienced NEC Baby Formula lawyer for a free consultation so that a proper and thorough investigation could be conducted for you and your family. It does not matter if you do not know the brand or not, just always check your rights with a lawyer by scheduling a free consultation.
Indeed, if your child was diagnosed with NEC and was on formula from any of these brands, you should ask a NEC lawsuit lawyer for a free appointment because any of the following brands could possibly cause NEC and be liable in a mass tort lawsuit:
This list is not an exhaustive list, and, therefore, if your baby was diagnosed with NEC and was on another formula, or may have been given a cocktail of different formulas including one of these, ask our NEC injury lawyer for help today. Importantly, this list is not any definitive proof that a brand is dangerous or not safe, and all choices of formula should be discussed with your healthcare provider. Rather, this list is just to identify some of the most popular brands of baby formula, some of the brands on this list have been found to have caused NEC, and a link may or may not have been determined at this time.
Necrotizing enterocolitis (NEC) is a serious gastrointestinal disease that primarily affects premature infants. It is characterized by inflammation and death of intestinal tissue, which can lead to perforation of the bowel and potentially life-threatening complications that must be immediately treated. NEC typically occurs within the first two weeks of life and is one of the most common gastrointestinal emergencies in NICUs or for neonates (infants who are less than four weeks old).
The term “necrotizing enterocolitis” itself provides insight into the nature of the condition. “Necrotizing” refers to the death of tissue, “entero” pertains to the intestines, and “colitis” indicates inflammation of the colon. Together, these terms describe a condition where parts of the intestinal tissue become inflamed and begin to die, leading to a cascade of severe complications that can have a permanent effect on a baby’s life – including being fatal if not treated right away. NEC is particularly dangerous because of its rapid onset and progression, which can easily be overlooked by untrained or inexperienced nursing staff who may believe a newborn is suffering from gas. In some cases, the condition can develop and worsen within a matter of hours, making early detection and swift medical intervention crucial to save a baby’s life and protect his or her quality of life. The disease can affect various parts of the intestinal tract, from the stomach to the rectum, with the small intestine and colon being the most commonly affected areas.
The severity of NEC can vary widely among affected infants. In milder cases, the condition may resolve with medical management alone. However, in more severe instances, NEC requires surgical intervention and can lead to intestinal perforation, sepsis, and even wrongful death. The unpredictable nature of NEC and its potential for rapid deterioration make it a particularly challenging condition for medical professionals to manage and a source of significant distress for families of affected infants. Due to the dangerous nature and catastrophic consequences, the negligence by drug manufacturers is stunning in failing to warn and create safe products for infants who can be quickly maimed or killed by these products.
To fully comprehend the impact of NEC, it is essential to have a thorough understanding of the infant digestive system. Although similar in many ways to the adult digestive system, an infant’s gastrointestinal tract is still in the process of development, making it more sensitive and vulnerable to complications – especially by cow’s milk. Indeed, the digestive process in infants begins in the mouth, where milk (either breast milk or formula) is ingested. From there, it travels down the esophagus, a muscular tube that connects the mouth to the stomach. The esophagus in infants is relatively short and narrow, which can sometimes lead to issues such as reflux.
Upon reaching the stomach, the milk begins to undergo initial digestion. The infant stomach is small, typically holding only about 30 to 90 ml of milk at a time in the first few weeks of life – and the first week of life, sometimes just 5 to 10 ml at a time – sometimes just because a newborn’s stomach is the size of a marble. This small capacity necessitates frequent feedings. The stomach produces acids and enzymes that begin breaking down the milk proteins, fats, and carbohydrates, which are immediately used by the baby and need replenishing.
From the stomach, the partially digested milk moves into the small intestine. This is where the majority of nutrient absorption takes place. The small intestine in infants is proportionally longer relative to body size compared to adults, providing a large surface area for absorption. The inner lining of the small intestine is covered in tiny, finger-like projections called villi, which further increase the surface area for nutrient absorption.
The large intestine, or colon, is the final major section of the digestive tract. Here, water is absorbed from the remaining digestive contents, and the waste material begins to form into stool. In infants, the large intestine plays a crucial role in water reabsorption, which is particularly important for maintaining proper hydration. Finally, the rectum serves as a storage area for stool before it is eliminated from the body. In newborns and young infants, bowel movements are frequent and often occur during or immediately after feeding due to the gastrocolic reflex.
It is important to note that in premature infants, this entire system is even more delicate and underdeveloped. The intestinal walls may be thinner and more permeable, the muscular contractions that move food through the digestive tract (known as peristalsis) may be less coordinated, and the balance of bacteria in the gut (the microbiome) may not be fully established. These factors contribute to the increased vulnerability of premature infants to conditions like NEC. Understanding this complex and still-developing system helps to highlight why conditions like NEC can be so devastating in infants, particularly those born prematurely. It also underscores the importance of proper nutrition and careful monitoring in the early stages of an infant’s life.
Infant formula is a carefully designed nutritional substitute for breast milk, aimed at providing babies with the essential nutrients they need for growth and development. The composition of infant formula is regulated by the Food and Drug Administration (FDA) to ensure that it meets specific nutritional requirements. The base of most infant formulas is cow’s milk that has been significantly altered to resemble human breast milk as closely as possible, but it is never exact – it just cannot be given the complexity of breast milk. The protein content is adjusted, and the ratio of whey to casein is modified to be more similar to that found in human milk. Lactose is typically used as the primary carbohydrate source, mirroring its predominance in breast milk.
Fats in infant formula often come from a blend of vegetable oils, which are chosen to provide a mix of fatty acids similar to those found in breast milk. These fats are crucial for brain development and overall growth. Essential fatty acids, such as docosahexaenoic acid (DHA) and arachidonic acid (ARA), are often added to formula to support brain and eye development.
Vitamins and minerals are added to ensure that the formula provides complete nutrition. These include iron, which is particularly important for preventing anemia, as well as vitamins A, C, D, E, and K, and a range of B vitamins. Minerals such as calcium, phosphorus, magnesium, and zinc are also included to support bone growth and other bodily functions. Some formulas also contain additional components aimed at making them more similar to breast milk or addressing specific nutritional needs. These may include prebiotics and probiotics to support digestive health, nucleotides to aid in immune function, and long-chain polyunsaturated fatty acids for brain development.
Several major brands dominate the infant formula market, each offering a range of products designed to meet different nutritional needs.
Although these brands are widely used and generally considered safe for full-term infants, it’s important to note that they have been named in lawsuits related to NEC in premature infants. The allegations in these lawsuits center around the claim that cow’s milk-based formulas may increase the risk of NEC in premature infants, and that the manufacturers failed to adequately warn about this potential risk. This includes failing to warn medical staff at hospitals about the signs of NEC, when to use or not use formula, and how it can all be related to the formula use.
It is crucial to understand that not all infants who consume these formulas will develop NEC. The risk appears to be primarily associated with premature infants, whose digestive systems are particularly vulnerable. However, the potential link between cow’s milk-based formulas and NEC in premature infants has raised significant concerns and legal questions that you and your family could have evaluated at no cost to you by a NEC injury lawyer in Kentucky, such as ours at the Maze Law Firm.
The exact cause of NEC is not fully understood, but research has identified several factors that contribute to its development. Understanding these factors is crucial for both medical professionals and families, as it can inform prevention strategies and treatment approaches. It is also critical for medical providers to be aware of, because they can help guard against complications for babies who may be prone to developing NEC and suffering the worst from it – including those most likely to be wrongfully killed.
Some of the most common factors and links to NEC include the following:
Prematurity is the most significant risk factor for NEC. Premature infants, particularly those born before 32 weeks of gestation, have underdeveloped intestinal tracts. The intestinal walls in premature infants are thinner and more permeable, making them more susceptible to inflammation and injury. Additionally, the muscular contractions that move food through the digestive system may be less coordinated in premature infants, potentially leading to areas of stasis where bacteria can proliferate.
Formula feeding has been identified as another significant risk factor for NEC, especially in premature infants. Studies have consistently shown that premature infants fed formula are at a higher risk of developing NEC compared to those fed breast milk. The reasons for this are multifaceted. Breast milk contains various protective factors, including immunoglobulins, growth factors, and anti-inflammatory components, which may help protect against NEC. Formula, while nutritionally similar to breast milk, lacks these specific protective factors.
The introduction of bacteria to the immature gut is another crucial factor in the development of NEC. In a healthy digestive system, there is a balance of beneficial bacteria that aid in digestion and protect against harmful pathogens. However, in premature infants, this balance may not be fully established. The introduction of formula or other substances can lead to an overgrowth of potentially harmful bacteria, triggering an inflammatory response that can lead to NEC.
Reduced blood flow to the intestines is another contributing factor to NEC. This can occur in premature infants due to various reasons, including certain medications, medical conditions that affect circulation, or the general instability of a premature infant’s cardiovascular system. When blood flow to the intestines is reduced, it can lead to tissue damage and increase the risk of bacterial invasion.
Recent research has particularly focused on the potential role of cow’s milk-based formulas in increasing the risk of NEC in premature infants. Some studies suggest that the proteins in cow’s milk may be more difficult for premature infants to digest, potentially leading to inflammation and injury to the intestinal lining. This has led to increased scrutiny of the use of cow’s milk-based formulas in premature infants and has been a key point in legal actions against formula manufacturers.
It is important to note that NEC is likely the result of a complex interplay of these and other factors, rather than any single cause. The combination of an immature digestive system, potentially harmful bacteria, and inflammatory responses can create a “perfect storm” for the development of NEC. However, it is also important to understand that certain formulas that are marked safe for premature babies could actually check all of these boxes, and indeed have all of these risk factors. Thus, manufacturers who failed to warn or make these formulas safe may be liable to victims and their families.
If your baby was given formula, especially if your baby is premature or if your baby was given cow’s milk-based formulas (or all these factors), you need to be aware of the signs and symptoms of NEC. Chances are that your little one may be in the NICU and well-provided for by healthcare providers, but that does not matter for NEC – it is a very dangerous condition and, despite this high level of care and monitoring, NEC is still life-threatening. That just highlights how dangerous NEC is and how egregious the conduct of formula manufacturers may be to victims and their families.
Indeed, our NEC injury lawyer knows that early detection of NEC is crucial for effective treatment and improved outcomes. However, recognizing the signs and symptoms of NEC can be challenging, as they can be subtle and may mimic other conditions common in premature infants. It’s important for both medical professionals and parents to be vigilant and aware of the potential indicators of NEC.
Some of the most common and important signs and symptoms of NEC injury the following:
One of the earliest and most common signs of NEC is abdominal distension or swelling. The infant’s belly may appear larger than usual and feel firm or tender to the touch. This distension is caused by inflammation and the buildup of gas in the intestines. In some cases, the abdominal wall may appear discolored, with a bluish or reddish tint, indicating potential perforation or severe inflammation.
Feeding intolerance is another key indicator of NEC. Infants with NEC may show signs of discomfort during feeding, refuse to eat, or fail to finish their usual amount of milk. They may also have increased gastric residuals, which means that a significant amount of milk remains in the stomach several hours after feeding. This can be detected when nurses aspirate the stomach contents before the next feeding in premature infants who are being fed through a feeding tube.
The presence of blood in the stool is a particularly concerning symptom of NEC. The blood may be visible to the naked eye, giving the stool a dark, tarry appearance, or it may only be detectable through laboratory testing of the stool. In some cases, infants with NEC may pass stools that contain mucus or have a jelly-like consistency, which is an immediate warning sign. Sometimes there may be several bowel movements of mucus before blood appears, which usually means that there is already a prolonged injury to the colon or intestines. Never ignore mucus or blood in a baby’s stool, especially if your baby is premature and receiving formula.
Vomiting can also occur in infants with NEC. The vomit may be bilious (green or yellow in color due to the presence of bile) or may contain blood. However, it’s important to note that not all infants with NEC will experience vomiting, and vomiting can also be a symptom of other conditions common in premature infants. Although it is true that some degree of reflux is expected and normal, it should not be excessive and after every feeding. If it is results in dry diapers or no bowel movements for a number of hours, combined with other symptoms such as abdominal swelling, you need to contact your physician immediately.
As NEC progresses, infants may exhibit signs of systemic illness. Lethargy is common, with the infant appearing less active and responsive than usual. Temperature instability may occur, with the infant having difficulty maintaining a normal body temperature. This can manifest as either fever or an abnormally low body temperature. Delayed reactions or failing to react to stimuli could also start to occur. Tremors or shaking could also occur. Uncontrolled crying and colic-like sounds could also occur and become common for babies.
In severe cases of NEC, infants may show signs of shock. This can include pale or grayish skin, cool extremities, decreased urine output, and poor perfusion (blood flow to the tissues). Shock is a medical emergency that requires immediate and aggressive treatment.
Cardiovascular symptoms can also develop as NEC worsens. Bradycardia, or an abnormally slow heart rate, may occur. The infant may also experience apnea, which are pauses in breathing lasting longer than 20 seconds. These symptoms can be particularly alarming and often require immediate medical intervention.
In addition to observing the signs and symptoms, medical providers who suspect a baby may have NEC need to immediately confirm that suspicion. This includes through imaging studies and other objective scans or tests. Some of the most common ways to do that which could save your baby’s life with a positive confirmation, include the following:
Laboratory findings can also provide important clues about the presence and progression of NEC. Blood tests may show an elevated white blood cell count, indicating infection, or a low platelet count, which can be a sign of severe illness or impending shock. Metabolic acidosis, an imbalance in the body’s acid-base status, may also be present.
Radiographic imaging plays a crucial role in diagnosing NEC. X-rays of the abdomen may show signs of intestinal inflammation, such as thickening of the intestinal walls or the presence of gas bubbles in the intestinal wall (pneumatosis intestinalis). In advanced cases, free air in the abdominal cavity may be visible, indicating intestinal perforation.
It’s important to note that the signs and symptoms of NEC can develop rapidly, sometimes progressing from subtle early signs to severe illness within a matter of hours. This underscores the need for close monitoring of premature infants and prompt medical evaluation when any concerning symptoms arise. Early recognition and prompt treatment of NEC can significantly improve outcomes for affected infants. Therefore, any suspicion of NEC should be taken seriously and evaluated promptly by medical professionals experienced in neonatal care.
Even in the NICU and with the most intensive care and monitoring, NEC can still cause permanent injuries, life-changing damage, and become fatal – all in a matter of hours. That just highlights the danger that some of these formulas can create for babies, quickly resulting in the wrongful death even with the best medical care in a NICU.
Therefore, our Kentucky NEC injury lawyer knows that cases of NEC may be attributed to negligence on the part of formula manufacturers for a variety of different causes of action based on negligence or products liability (which is a type of negligence action). These include some of the common causes of action (or claims) such as the following:
These factors could potentially make formula manufacturers liable for NEC cases under products liability law or other negligence causes of action. If you or a loved one believe that your baby was injured due to negligently made, designed, advertised, or otherwise produced baby formula products, you may be entitled to compensation with the help of an experienced NEC injury lawyer.
If you or a loved one had a baby diagnosed with NEC while on cow’s milk-based formulas, especially from Abbott or Mead Johnson, call our Kentucky NEC injury lawyers at Maze Law Offices right away. We can help you and your family recover compensation for conscious pain and suffering, medical bills, lost wages, future medical needs, nursing care, and other damages due to the negligence of formula manufacturers.
Even if you are unsure if you have a claim, you are still entitled to a FREE case evaluation to learn what your rights may be under Kentucky and federal law, and how the Maze Law Offices can help you. To get started, call us today or send a confidential message through our “contact us” box available here. We look forward to helping you and your family recover the compensation that you deserve for your little’s one’s injuries or wrongful death due to negligent defendants.
N/a (859) 882-9999 
