Lots of families whose premature babies suffer from a medical condition called Necrotizing Enterocolitis (NEC) have been filing a Necrotizing Enterocolitis lawsuit. Through this legal action, families sought to determine whether the baby formula might have been responsible for causing NEC.
Continuing with the legal proceedings, families are pursuing justice and compensation for the suffering of their infants. To stay informed about the latest advancements in this case, please keep reading this article!
What Is Necrotizing Enterocolitis?
According to Nemours Kidhealth, it’s explained that necrotizing enterocolitis, abbreviated to NEC, is a severe illness in premature babies. This happens when parts of their small or large intestines get hurt or swollen. It can cause the intestinal tissue to die, and sometimes even create a hole in the intestinal wall.
When a baby has NEC, their intestines can’t hold waste properly. This condition could let harmful bacteria get into their blood and cause a dangerous infection. Waste might also move into the baby’s belly, making them severely ill. The injured intestine, or parts of it, might need to be taken out because they’ve died.
Why Do People File a Necrotizing Enterocolitis Lawsuit?
According to the Birth Injury Help Center, several pieces of research showed that bovine or cow-based formula milk consumption for premature babies poses a potentially high risk of BEC development. Besides, premature babies who drink specific formulas, such as Similac and Enfamil, might be at risk of developing the NEC.Â
NEC is a serious illness affecting the tummy since it causes tissue to die and possibly leads to fatal outcomes in almost half of cases. This illness makes the tummy inflamed, sometimes creating holes that allow harmful tummy bacteria to make babies very ill or cause deadly bloodstream infections.
Because of this, worried parents are taking legal action against baby formula producers, Mead Johnson and Abbott. They claim that these companies didn’t warn consumers about this possible danger.
The legal complaints say that Abbott and Mead Johnson should have warned folks about the chance of the NEC from using their baby formula. Even though they knew about the risks, these companies reportedly kept saying their products were safe.
Symptoms and Diagnosis of NEC
You can identify symptoms of necrotizing enterocolitis (NEC) through the following signs, such as:
- metabolic acidosis;
- a swollen belly;
- difficulty with feeding;
- difficulty in digesting feedings, it remains in the intestines for longer duration than anticipated;
- yellow skin, fluid in the belly;
- appearing tired;
- changes in stool frequency;
- breathing trouble;
- acidosis; and
- a slow heart rate (bradycardia).
As the NEC gets worse over time, spotting these signs quickly for immediate care is crucial. Early diagnosis and treatment often lead to positive outcomes, allowing most babies with NEC to recover well and live a normal life without any problems.
Initially, pediatricians diagnosed NEC based on observing these symptoms. Alongside these signs, the pediatricians may also perform medical tests to confirm NEC, like blood tests, imaging of the belly, and checking blood gas levels.
Treatment of NEC
As NEC is suspected, treatment involves stopping all feeding by the mouth and promptly giving powerful antibiotics. The baby might need nutrient injection through a vein until the infection clears and the baby’s gut heals completely. Sometimes, draining fluid from the stomach via a tube is necessary along with support to the circulation.
In severe cases, parts of the intestine might become dead tissue, requiring surgery to remove it. Besides, the surgery might also be necessary to fix holes in the intestine. However, this can lead to complications such as short gut syndrome.
NEC is a harsh disease. Even with quick and aggressive treatment, it can still cause significant illness and death, with up to half of the affected babies needing surgery, and a death rate of 20-30%.
Necrotizing Enterocolitis Lawsuit Updates from 2022 to 2023
As reported by the Drug Watch page, in October 2022, the plaintiffs picked four trials as bellwether tests. They are Brown, Diggs, Lopez, and Koeth. Additionally, randomly chosen bellwether cases included McCarthy, Jacobs, Kelton, and Donaldson.
In December 2022, the defendants chose four cases for bellwether test trials: Clarke, Cresap, Inman, and Mar. Moving to March 2023, the judge planned Science Day proceedings for May 3, 2023. Science Day allows both sides to discuss general medical and scientific issues with the court.
April 2023 saw ongoing discussions among lawyers regarding how the discovery should be carried out. Finally, in December 2023, four bellwether cases were selected, but the trial start dates were still pending confirmation. Lawyers anticipate that the initial trials might take place in 2024.
Who is Eligible to Start a Necrotizing Enterocolitis Lawsuit?
In general, if you are parents of premature babies who received cow or bovine-milk-based formula and were diagnosed with NEC, you are eligible to file a product liability claim against the company that manufactured it.
Furthermore, you need to understand that when your premature newborn is still under hospital care, they might receive the baby formula, such as Similac or Enfamil. However, if you’re not sure, a lawyer who knows about these formulas can help. Thus, tell them the hospital’s name and location.
Additionally, once your baby left the hospital, you might have kept using Similac or Enfamil formulas. Later on, lawyers who handle NEC cases will advise you to keep receipts, packaging, or boxes as evidence for a potential lawsuit related to these baby formulas.
NEC Lawsuit Settlements
The expected settlements for the Necrotizing Enterocolitis lawsuit might range from $5,000 to over $500,000. But, it’s important to note that these estimated settlement amounts don’t guarantee financial compensation in NEC lawsuits.
Otherwise, they’re simply educated guesses based on what happened in earlier cases involving product liabilities.
However, as cited from the Van Law Firm page, claimants of the case have several ways of pursuing their compensation claims, which consist of medical malpractice, product liability, or wrongful death if the illness caused by the baby formula consumption leads to death. Â
Choosing the Right NEC Baby Formula Lawyer
If you’re searching for an attorney to handle your Necrotizing Enterocolitis lawsuit case, it’s crucial to find someone who has dealt with mass torts before. These are huge legal battles involving hundreds or even thousands of people against big companies with their own strong legal teams.
Lawsuits related to baby formula, as products owned by big companies, can be very complicated. It usually involves complex science and law. Thus, lawyers who have a lot of experience dealing with big injury cases know how to gather the right proof and present their client’s situation convincingly to a judge or jury.
Keep Updating Necrotizing Enterocolitis Lawsuit!
To sum up, make sure to stay updated on the Necrotizing Enterocolitis lawsuit to know about any new changes or developments in these legal cases. It’s really important to keep track of how these lawsuits are progressing to get justice and compensation for your baby!
