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Necrotizing Enterocolitis Linked to Enfamil and Similac Infant Formula

Posted on August 23, 2024August 23, 2024 by Loni Liss

Studies show Necrotizing Enterocolitis afflicts premature babies who are fed “cow’s milk-based formula” like Enfamil and Similac. In most cases, baby or infant formula is a safe alternative to breastmilk for newborn babies as long as standard guidelines and feeding practices are used.

The United States Food and Drug Administration (FDA) website hosts a comprehensive report on infant formulas that includes approved manufacturers and individual products. It also highlights the best practices for feeding formula to a baby.

However, one major issue, specifically regarding cow’s milk baby formula, is when a baby is born prematurely. Do not use cow’s milk baby formula to feed your preemie due to the risk of developing NEC.

Why Premature Infants Should Avoid Cow’s Milk Formula

According to most modern studies and evidence, premature babies should not be fed cow’s milk baby formula. Furthermore, a 2020 study by the National Institute of Health’s (NIH) National Library of Medicine found that even milk-based fortifiers in conjunction with a base breastmilk diet negatively impacted premature infants’ health.

The consensus and evidence regarding the use of cow’s milk baby formula on premature babies are pretty clear. It often results in the development of necrotizing enterocolitis (NEC), a severe and potentially deadly condition.

If your premature baby was diagnosed with necrotizing enterocolitis (NEC), you may have a case if your baby was fed a cow’s milk formula. The experienced birth injury lawyers at The Yost Legal Group are here to help you and hold the manufacturers accountable for their negligence.

What are premature birth risks, and how can They be identified?

People frequently talk about human pregnancy in terms of months and say that it lasts about nine months. However, doctors and other medical professionals talk about human pregnancies in terms of weeks.

The average length of a full-term human pregnancy is 40 weeks, which is a little longer than just “nine months.” However, as long as the pregnancy lasts at least 37 weeks, it is still considered a “full-term pregnancy.”

Anything under 37 weeks is considered a “premature birth,” i.e., the baby is born too early. However, not all premature births are the same. The earlier the birth, the greater the health risk to the baby, outcomes that can be long-term, lifelong, or even fatal.

According to the Mayo Clinic, a newborn can be:

Late Preterm: born between 34 and 36 completed weeks of pregnancy
Moderately Preterm: born between 32 and 34 weeks of pregnancy
Very Preterm: born between 28 and 32 weeks of pregnancy
Extremely Preterm: born before 28 weeks of pregnancy

The Mayo Clinic does note, however, that “most premature births happen in the late-preterm stage.” The Cleveland Clinic states that about 10% of births in the United States are premature.

What are the Health Risks Associated with Premature Birth?

As mentioned, the earlier the birth in terms of the number of weeks completed, the higher the risk of health issues for the newborn. It is entirely possible that a late-preterm newborn is as healthy as any baby born after 37 weeks of gestation.

If health factors are present, symptoms can range from mild to serious. However, it is always advised to follow professional medical advice after premature birth, even if symptoms are not readily apparent or seem mild.

Symptoms of premature birth include, but are not limited to, the following:

Small-sized/underweight baby
Smaller/less-developed brain
Problems breathing
Problems feeding
Low body temperature
Newborn jaundice

What is Necrotizing Enterocolitis (NEC)?

In a 2023 study, the National Library of Medicine (NLM) stated that “infant necrotizing enterocolitis is caused by bacterial invasion into the intestinal wall.”

When a baby is born prematurely, they have not had the full gestational period to develop safely in the womb.

Though the exact mechanism that causes the bacterial invasion that leads to NEC in premature babies has not yet been determined, the 2023 NLM study found that “gastrointestinal tract immaturity [in premature neonates] is believed to play a role in the pathogenesis of necrotizing enterocolitis.”

An NEC preemie with NEC symptoms is frightening to new parents.

Additional studies, even ones dating back to 2011, have shown a link between premature babies fed with cow’s milk formula and the development of NEC.

Although it is possible for babies who are exclusively fed breast milk to develop neonatal necrotizing enterocolitis, the incident rate is much lower.

The Cleveland Clinic also supports this data with its findings that NEC affects 1 in 1,000 premature babies. In comparison, “the condition only rarely affects full-term infants,” about 1 in 10,000 full-term babies.

While it is possible to diagnose NEC disease clinically, doctors often require diagnostic imaging to determine the condition’s stage. Radiography is the most commonly used tool because it can show the intestines and areas affected by rogue bacteria.

There are three Bell’s stages of NEC:

Bell’s stage 1 (suspected disease)
Bell’s stage 2 (definite disease)
Bell’s stage 3 (advanced disease)

What are the Health Risks Associated with Necrotizing Enterocolitis?

NEC in preterm infants is a severe condition that affects the gastrointestinal tracts of premature babies, leading to bacterial infections of the intestinal wall.

If diagnosed and treated immediately, the effects of NEC preemie symptoms can be minimized. However, doctors can miss symptoms, leading to untreated NEC.

When untreated, bacteria that enter the gastrointestinal tract can cause severe infections that kill the intestinal tissue and cause bacterial leakage to other internal organs. Bell’s stage 3 means the presence of dead tissue or bowel perforations.

In the United States alone, NEC caused 355 deaths per 100,000 live births in 2013, and the mortality rate for Black Americans was three times higher than for the White population.

Symptoms of NEC include, but are not limited to, the following: (signs of necrotizing enterocolitis)

Abdominal swelling
Bloody stools
Green vomit
Poor feeding
Inability to gain weight
Organ failure
Death

If your baby was born premature and diagnosed with necrotizing enterocolitis after it was fed cow’s milk baby formula, there is no time to delay. Learn about filing an NEC lawsuit and get NEC lawsuit updates.

Call or text our experienced product liability lawyers today for a free consultation regarding your potential case. We must hold these companies accountable for their negligence and dangerous products. We are available at no cost to you at 410-659-6800.

Do you Qualify to File a Necrotizing Enterocolitis Lawsuit?

At The Yost Legal Group, we understand the sensitivity of this subject. We are talking about children’s health, life, and wellbeing—and not just any children, but your children or grandchildren.

For years, we have pursued claims against Abbott Laboratories and Mead Johnson related to this NEC litigation, and the fight is just getting started.

It is time to hold these multinational, billion-dollar companies accountable for their negligence in developing and marketing dangerous products.

These products are being fed to newborn and premature babies and, in some instances, causing grave harm, if not death.

If NEC is not caught and treated in time, the damage done to the premature baby might never be fully healed. It could require a lifetime of care. And those affected deserve compensation.

Contact The Yost Legal Group, a wrongful death law firm.

Already, we are seeing cases go to court and settlements being reached. The manufacturers of cow’s milk formula fed to premature infants, leading to NEC, must be held accountable. The Yost Legal Group will continue to fight.

Call or text our experienced defective product lawyers today for a free consultation. We will discuss filing an NEC baby formula lawsuit or a Similac infant formula lawsuit, which will allow us to hold the manufacturers of these dangerous products accountable.

We will help you recover financial compensation for medical treatments, pain and suffering, and whatever your NEC newborn requires.

Contact a baby formula lawyer at 410-659-6800. There is no charge or fee unless you recover. We are here to help you get the justice you deserve.

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What is a wrongful death lawsuit?

Posted on July 5, 2023July 5, 2023 by YostLaw

Alice had been living a great life, working as an accountant and spending quality time with her family. That all changed one fateful day when she received the news that her beloved husband had been taken from her in a tragic truck accident.

Alice and her three children were devastated. They could not imagine how this could happen. Not knowing exactly what to do since her husband was killed in a truck accident, she hired a law firm to help.

She discovered quickly that the trucking company’s failure to follow safety protocols had made her husband’s death preventable. After a series of investigations, it was uncovered that the truck that caused the accident was not maintained properly.

Poor truck maintenance caused the tractor-trailer accident when worn tires blew out. When the driver tried to stop the out-of-control tractor-trailer, he was unable to do so as the brakes were worn.

The truck’s undercarriage was very rusty, and parts were actually corroding when it was inspected after the crash. This was an unsafe vehicle that should never have been on the road when it caused the truck crash.

Alice knew that she needed help from a truck accident attorney to get justice for her late husband’s wrongful death. That’s when she sought out the assistance of The Yost Legal Group.

We were able to build a strong case against the trucking company. We fought to make those responsible accountable for her husband’s wrongful death.

Seeking justice after a wrongful death.

When a loved one dies due to another person’s negligence or recklessness, surviving family members may be able to pursue a wrongful death action. Such an action seeks damages from those responsible for the death of their relative.

There is no amount of money that can replace someone who has passed away. Filing a wrongful death claim is a way to seek justice and hold the at-fault party accountable for their actions.

The concept of a wrongful death claim was created in the United States on a state-by-state basis. Gradually, each state enacted its own wrongful death statute.

Therefore, the ability of family members to recover under a wrongful death statute, and the types of recovery available, vary from state to state.

There may be two claims under the wrongful death statute. Many states provide for two separate actions within wrongful death statutes.

What is a Survival Action Wrongful Death lawsuit?

A “Survival Action” is a lawsuit for the person who was injured and killed. This cause of action belongs to their estate. Usually, the items brought for a Survival Action are the:

Conscious pain and suffering before death.
Medical expenses leading up to death caused by the harm.
Funeral expenses

Some states include the loss of future earnings the person would have had if they lived out the expected remainder of their life. When this money is recovered in a survival action, the money goes to the deceased party’s estate.

A person’s wrongful death settlement money in a survival action is dispersed according to their will if they have one. This is in cases where the death is caused by the negligence of someone else.

What if no will exists? In this case, each state has a process called intestate succession. This is how the government divides money among immediate family members.

An experienced wrongful death law firm can file a wrongful death case on your behalf. Contacting one of our Baltimore car accident lawyers will help guide you through the legal process.

What is a Direct Action Wrongful Death Claim?

In some states, certain family members can make a “Direct Action” claim under a wrongful death statute. This is in addition to the survival action that is brought by the deceased person’s estate. This claim is for the loss of their loved one.

Each state has its own rules and prohibitions regarding who can bring a claim for the loss of a loved one. This group of people varies from state to state.

Usually, there is some variation of a spouse, children of the deceased, and perhaps their biological parents.

Each of these people would have a right to claim damages for the loss of a loved one. Almost always, all the permissible wrongful death direct action claims must be brought in a single lawsuit and resolved at once.

If no one qualifies for compensation as a primary beneficiary, sometimes there is a secondary group in the claim.

The secondary beneficiary group could involve brothers and sisters of the deceased, cousins, and more distant relatives.

Spousal Rights in Wrongful Death Actions

If the deceased person had a job and contributed financially to the household, their financial contribution would be considered. That may be claimed by the surviving spouse.

This number could include the loss of their income contributing to the home for the expected life of the deceased.

More important than any financial contribution, however, is a surviving spouse’s loss of the companionship and support of their loved one.

Many wrongful death statutes allow a surviving spouse to claim non-economic or human damages, which seek to value the loss of companionship and a loss of the relationship.

Parents’ Rights in Wrongful Death Claims

In certain circumstances, the parents of a deceased may have suffered an economic loss where the deceased child was gainfully employed and contributed financially to the maintenance and support of elderly parents. If that were the case, they may also have a claim for economic loss.

If the state’s wrongful death statute allows parents to be considered as beneficiaries, they may also be able to claim non-economic damages for the loss of their relationship with their son or daughter.

What are Non-Economic Damages in a Wrongful Death Claim?

Unlike economic damages, which represent the loss of financial contribution anticipated by the deceased, many states also permit family members to seek non-economic damages.

Non-economic damages seek to value the loss of a surviving family member in terms of their anguish, sorrow, emotional pain and suffering, and loss of companionship, comfort, protection, care, attention, advice, and counsel of the deceased loved one.

For example, a young child whose parent is prematurely taken from them due to the wrongful conduct of another will suffer the loss of a relationship with their parent as well as the anticipated guidance and companionship that the parent would have provided.

All the events that the deceased parent will not be able to attend with the child should also be taken into consideration.

Are there time limits to file a Wrongful Death Claim?

There are time limits for wrongful death beneficiaries to bring their claims. These time limits vary from state to state. Some states start the countdown for filing the claim immediately on the date of the deceased’s death.

Others have extensions if an estate has not been opened in a court for the deceased.

Some states have discovery rules that can extend the timeframe for filing a lawsuit. For instance, let’s consider a scenario where a person develops cancer due to prolonged use of a carcinogenic product.

If it is discovered through a recently published study that the product may have caused cancer, the deadline for filing a wrongful death claim may not start until it becomes widely known that the product is linked to that specific cancer.

These rules aim to ensure that individuals have sufficient time to seek justice in cases like these.

Help from an experienced wrongful death lawyer.

Wrongful Death claims can be complex. There are many variables in these lawsuits. A lawyer for wrongful death is needed to investigate the claim thoroughly. This is to protect the rights of the surviving family.

Hiring an experienced wrongful death attorney can provide invaluable assistance and guidance in navigating this difficult process. An experienced lawyer can help in many ways.

– Provide knowledge of applicable laws and regulations in each state

– Will work with you to understand your rights and how best to move forward.

– Conduct a thorough investigation and build a strong case surrounding what happened.

– Secure evidence and prepare documents to support the claim.

– Collect witness statements, hospital records, and the necessary medical reports.

– Advise on how best to allocate resources without you having to pay out any money.

– Will work to seek maximum compensation.

– Will protect you from unnecessary legal costs.

– Will negotiate with insurance companies on your behalf to reach a favorable settlement.

You can depend on the wrongful death lawyers at The Yost Legal Group

Call an attorney for wrongful death at The Yost Legal Group. The best wrongful death lawyers can be essential in guiding you through the complex process of filing a wrongful death claim.

Whether your loved one’s death was caused by a car accident, medical malpractice, or a pedestrian accident, we can help. We’ll investigate the facts, determine what happened, and work to seek justice.

If a loved one passed away because of the negligent behavior of someone else, call one of our accidental death lawyers. Accidents involving serious personal injury and wrongful death require an experienced legal team on your side.

Our wrongful death attorneys handle these delicate cases with care and compassion. Call 1-800-967-8529 for a free, confidential consultation. Our Maryland wrongful death lawyers are highly experienced in this area of law.

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