Common Questions & Answers on Necrotizing Enterocolitis (NEC)

Necrotizing enterocolitis (NEC) is a dangerous gastrointestinal problem that affects premature babies. The condition inflames intestinal tissue, which causes the tissue to die. It’s estimated that nearly all babies (9 out of 10) with NEC are born early.  Some babies with NEC may face long-term health problems.

NEC has been linked to the use of cow-milk based formulas since at least 1990. A study indicating an increased the risk of the disease by up to a factor of 10, when compared to those given breast milk alone. Cow-milk based formula may lack some of the probiotics (live microorganisms found in the gut flora) needed for proper growth of the preemies. 

It affects 1 in 1,000 premature babies. The risk is greatest for babies weighing less than 2 pounds. The condition only rarely affects full-term infants. About 1 in 10,000 full-term babies get NEC. Source: https://my.clevelandclinic.org/health/diseases/10026-necrotizing-enterocolitis

 Important long-term complications are growth failure, poor neurodevelopmental outcomes and developmental delays, especially in infants who required surgery. These infants require close follow-up to monitor growth and development.

Despite the rise in incidence of NEC there is a scarcity of data regarding long-term outcomes of these infants. NEC can be cured and have little or no lasting effects. Some babies may have future problems. This includes the intestine or digestive tract. They can have blockage caused by abnormal intestinal tissue or scar tissue. Another problem is called short-gut, or short-bowel, syndrome. There also is a risk of death, especially for premature babies.

NEC typically occurs two to six weeks after birth, depending on the type and cause. Symptoms may come on over a few days or appear suddenly in babies who otherwise seem to be doing well. Symptoms of NEC include:
– Abdominal pain and swelling.
– Changes in heart rate, blood pressure, body temperature and breathing.
– Diarrhea with bloody stool.
– Green or yellow vomit.
– Lethargy.
– Refusing to eat and lack of weight gain.

NEC is not an ingredient but a condition that can be allegedly caused by some brands of cow-milk based formulas.

Necrotizing enterocolitis is diagnosed by your doctor by checking your baby for a swollen belly and other NEC symptoms such as diarrhea, bloody stool, green or yellowish vomit, or the baby not wanting to eat or lack of weight gain. Blood tests and fecal tests may also be preformed. 

Any newborn can get NEC. But it’s most common in very sick or premature babies. This is especially true for babies who weigh less than 3 pounds, 4 ounces (1,500 grams). It is rare in older, larger babies. The smaller and earlier the baby, the higher the risk for NEC. 

Some experts believe that necrotizing enterocolitis causes have to do with the makeup of infant formula, the rate of delivery of the formula, or the immaturity of the mucous membranes in the intestines. Babies who are fed breast milk can also develop necrotizing enterocolitis, but their risk is lower.

A new study provided by Neonatology Today, should shed some light on these cow-milk formulas for mothers of preemies. The researchers looked at over 450 grossly underweight premature babies in Austria, Canada, and the United States who were fed traditional cow-based milk formulas or human-based formulas.
They looked at the overall health and found that those preemies fed with the cow-based milk products were three times more at risk of developing necrotizing enterocolitis. 

The statutes of limitations to file a legal claim vary from state to state, however, it applies in a different manner when the claim pertains to a minor. In most situations, a statute of limitations for an NEC injury claim of a minor will not begin to run until the minor turns the age in which the state considers him/her an adult. This, of course, is going to apply differently in each state based on the type of legal claim, so it is important to consult a legal representative before deciding how to proceed. Odds are, you may still have time to make a claim.

This litigation is arguing that the cows milk used in Similac and Enfamil baby formulas fed to premature infants while in the NICU is dangerous and damaging to an infant’s undeveloped digestive system. Such damage can result in necrotizing enterocolitis (NEC), which can be chronic or fatal. Although most preemies spending time in the NICU are offered Similac or Enfamil formula, only a small percentage of infants develop NEC. An even smaller percentage of those who develop NEC suffer permanent injury. Since NEC is a medical condition that would need to be diagnosed by a medical doctor, the diagnosis should be noted in the child’s medical records. If you believe your child was fed Similac or Enfamil while in the NICU, and he/she suffered some sort of intestinal injury, you can contact our case managers at Schmidt National Law Group and we’ll help you with your situation and determine the best course of action to acquire your child’s medical records or other proof of an NEC diagnosis.