When Nakia Harris’ son was born premature, he was transferred to the Newborn Intensive Care Unit. Ja Stevens was fed Enfamil formula, a cow’s milk-based product. He died shortly afterward.
A year later Harris is fighting for justice. She claims her baby died after developing necrotizing enterocolitis (NEC), a deadly intestinal disease that affects up to 5% of preterm babies born in the U.S.
The Memphis mom is suing Abbott Laboratories and Mead Johnson & Company. She accused both baby formula manufacturers of failing to provide warning labels on their cow milk based formula increasing the risk of NEC in preterm infants.
Harris’ lawsuit is one of hundreds of pending NEC lawsuits filed in U.S. courts. Unfortunately, her case isn’t unique.
Abbott Laboratories in the Firing Line
Abbott was recently ordered to pay $95 million in compensatory damages to Margo Gill. Like Harris’ son, her then-preemie infant was diagnosed with NEC after being given Similac baby formula. Abbott produces the cow’s milk-based formula.
Now three years old, little Robyn has spastic quadriplegic cerebral palsy and is unable to walk or talk.
According to TorHoerman Law, Gill’s NEC baby formula lawsuit is the second NEC bellwether trial.
In light of the NEC baby formula lawsuits, thousands of parents are hoping to change how premature infants are fed in NICUs.
This article will discuss how hospitals can advocate for preterm infants amid the toxic baby formula NEC lawsuits.
Consent
Due to circumstances out of their control, some moms aren’t able to feed their newborns. If a baby is born before 28 weeks, they are kept in the NICU for the duration of their stay in the hospital.
Harris claimed her baby was fed Enfamil while in NICU, but she wasn’t made aware of the risks associated with feeding him the formula.
Many baby-friendly hospitals encourage new parents to continue with exclusive breastfeeding. The WHO recommends that mothers initiate breastfeeding within the first hour of birth. However, there are times when new moms request to feed their infants baby formula for cultural or medical reasons.
Dr Paula Schreck is the medical director for breastfeeding support services at Ascension St. John Hospital. She tells Baby-Friendly USA (BFUSA) that sometimes staff act under the influence of racial bias. Dr Schreck notes Black and brown families are offered formula feeding more frequently than white families.
As to the misconception of parents signing a consent form, should they choose baby formula? BFUSA’s Eileen FitzPatrick says it’s not in the baby-friendly guidelines.
Donor Milk
The American Academy of Pediatrics (AAP) issued a policy statement in 2022. One of their recommendations was that birth hospitals implement maternity care practices to improve breastfeeding.
Hundreds of hospitals rely on breast milk banks to support the fragile ecosystem of taking care of preemie babies.
Nonprofits like Mothers’ Milk Bank in Pittsburgh are one of 29 accredited donor banks across the U.S., Spotlight PA reported.
Donor breast milk is a preterm baby’s first defense against NEC. A randomized clinical trial found that extremely preterm infants fed donor milk had less than half the rate of NEC when compared to formula-fed babies.
Minimizing Exposure to Antibiotics
Pediatric Neonatology published a review in June on the prevention and management of NEC. In one recommendation, they discussed exposure to antibiotics upon NICU admission.
Despite the benefit of treating bloodstream infections, antibiotics could affect the intestinal microbiome and function, thereby influencing the risk of NEC.
Probiotics on the other hand were found to reduce the risk of NEC by nearly 50%. However, the organization did add that more research was needed to investigate the outcomes of probiotic supplementation.
There is one hurdle. In the U.S., probiotics are not regulated by the FDA. In 2023, it issued a warning to NICUs using probiotics as a treatment to reduce NEC. Since then, the use of probiotics in NICUs has been halted.
Presently, there is sparse evidence to guide hospitals in managing NEC. Pediatric Experts agree that promoting a healthy gut microbiome in preterm infants prevents NEC.
Hospitals should get on board and remain on the same page instead of operating in silos. By creating clear regulations and interventions, they could advocate for preemies as the NEC controversy continues. Now more than ever, they can provide a voice for those too tiny to speak for themselves.
For the hundreds of parents involved in the NEC lawsuit, let their fight not be in vain. A few small wins can result in a much larger victory and bigger gains.
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