In December 2022, Chicago Business reported on lawsuits filed against Abbott Laboratories and Mead Johnson, baby formula manufacturers based in Chicago. These legal actions allege that their cow’s milk-based products pose significant health risks, sometimes leading to infant fatalities.
According to the lawsuits, Mead Johnson (manufacturer of Enfamil) and Abbott (owner of Similac) are accused of deliberately promoting and distributing cow’s milk-based baby formulas that can cause necrotizing enterocolitis (NEC) in premature infants. NEC is a gastrointestinal condition characterized by inflammation of the intestinal tissue, primarily affecting babies born before the 37th week of pregnancy.
Specific complaints provide scientific evidence indicating that premature babies often have underdeveloped digestive systems, making it challenging for them to digest cow’s milk. These complaints argue that human milk is an optimal choice for premature infants at this stage. Moreover, lawsuits assert that feeding premature infants cow’s milk can result in tragic fatalities and severe injuries.
In September 2021, a lawsuit was filed regarding the death of a premature infant in Louisville, Kentucky, due to NEC after using Abbott’s formula. This complaint was filed by Dre’Auna Gipp, the infant’s mother, who stated that her child was born prematurely at Norton Children’s Hospital and was given Similac.
In this blog, we will explore the symptoms and dangers of NEC, as well as discuss the process for parents to file a lawsuit against baby formula manufacturers.
The Dangers Of NEC
In March 2023, Tyla reported on a heartbreaking case of Nailah Ally, a baby girl from Crawley, who tragically lost her life due to a misdiagnosis of her feeding difficulties. After her birth in October 2019, Nailah was diagnosed with NEC. Additionally, she suffered from a congenital heart defect since birth.
Nailah was admitted to the hospital with a swollen stomach and was treated for sepsis. During her hospital stay, medical professionals performed a barium enema, a diagnostic test aimed at examining the large bowel through an X-ray. This test had the potential to reveal that her intestines had become narrowed as a result of the damage caused by NEC.
According to Cleveland Clinic, the dangers and complications of NEC include:
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Abdominal Infection
It happens when infants have a hole in their intestinal wall, enabling bacteria to walk into their abdominal cavity. It is called peritonitis, which increases the risk of developing sepsis, a fatal blood infection.
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Developmental Delays and Growth Failure
These are crucial long-term complications that can come up in infants who have witnessed surgery. All these complications can result in improper neurodevelopmental outcomes, thereby delaying correct development.
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Short Bowel Syndrome
It is also known as short gut syndrome, which can develop as the small intestine gets damaged because of NEC. It doesn’t allow the body to absorb nutrients and fluids correctly, resulting in malabsorption. Children who suffer from this need to get adequate nutrition for healthy growth. In certain cases, tube feedings, also called enteral feedings, are essential for them.
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Intestinal Stricture
It affects one out of three babies who have recovered from NEC. The intestines get narrowed after months of initial NEC occurrence. It makes it challenging for food to pass correctly. At times, surgery is essential for widening the affected part of the intestine and restoring normal function.
The Symptoms Of NEC
Typically, NEC takes place after two to six weeks after an infant’s birth. The symptoms might show up within a few days or appear suddenly when your baby is in perfect condition.
The most common NEC baby symptoms include:
- Lethargy
- Abdominal swelling and pain
- Yellow or green vomit
- Sudden fluctuations in blood pressure, breathing, heart rate, and body temperature
- Not being able to eat
- No weight gain
Filing A Legal Complaint Against A Baby Formula Manufacturer
According to the June 2023 update of the NEC lawsuit, Hayes v. Mead Johnson & Co, LLC, et al. (3:23-cv-62), is a recent case that has been transferred to NEC baby formula class action MDL.
Initially filed by Sandra Smith in the Southern District of Indiana, today parents have the opportunity to file a legal complaint against a baby formula manufacturer if their child has been harmed by it. However, before taking that step, it is essential to note NEC symptoms that their infant has been experiencing.
TorHoerman Law asserts that parents should opt-in for necessary medical tests to confirm their baby’s diagnosis of NEC before filing a complaint. These tests will serve as vital medical records that will strengthen their legal claim. Some recommended medical tests include abdominal X-rays, fecal tests, and blood tests. Moreover, parents must file a legal claim within two years of the NEC diagnosis.
Conclusion
Recently, there have been several instances of parents suing baby formula manufacturers for health hazards in their children. Feeding your kid with breast milk is one of the best ways to reduce the risk of NEC. However, it is essential to seek and follow guidance of a doctor, and it should not be taken lightly.
Parents need to remain vigilant about the signs of NEC and promptly seek medical attention if they notice any concerning symptoms in their infants’ health. Once it’s proven medically that a child has NEC, it is imperative for parents to opt in for legal assistance to get covered for the damages and suffering.
