Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
When a baby is born before 37 weeks of pregnancy, they are considered premature, or a “preemie.” While full-term pregnancies last about 40 weeks, preemies can arrive much earlier, and their bodies might not be fully developed. This can lead to several health challenges that require immediate medical attention and care.
Breathing Difficulties
Preemies often have underdeveloped lungs, which makes it hard for them to breathe on their own. The lungs are one of the last organs to mature during pregnancy, so if a baby is born too early, they may lack enough surfactant, a substance that keeps the lungs open.
Common conditions related to this include:
Respiratory Distress Syndrome (RDS): This occurs when there isn’t enough surfactant in the lungs, making breathing difficult and often requiring oxygen support or a ventilator.
Apnea of Prematurity: This is when a baby stops breathing for short periods after preterm birth. It’s a condition that usually resolves as the baby grows and their brain matures.
Feeding and Digestive Problems
A preemie’s digestive system is still developing, which can lead to challenges in processing food, feeding properly, and absorbing nutrients. One of the most serious digestive issues they might face is Necrotizing Enterocolitis (NEC).
Necrotizing Enterocolitis (NEC) and Baby Formula
NEC is a potentially life-threatening condition that affects the intestines of premature babies. It usually occurs within the first few weeks after birth. In NEC, the tissue in the intestines becomes inflamed and starts to die. This can cause the intestines to perforate (tear), leading to infection and severe complications.
NEC is most commonly seen in preemies fed cow’s milk-based formulas, such as Enfamil and Similac. While breast milk has protective qualities that reduce the risk of NEC, many neonatal intensive care units (NICUs) use these formula brands for feeding preemies, especially when breastfeeding is not possible. However, recent studies have shown a higher risk of NEC in babies fed these formulas compared to those fed breast milk.
Symptoms of NEC may include:
- A swollen or bloated belly
- Vomiting, often green or yellow in color
- Blood in the stool
- Feeding intolerance
Treatment for NEC may involve stopping feedings, using IV fluids and antibiotics, and in severe cases, surgery to remove the damaged portion of the intestines. NEC can be life-threatening, and surviving babies may face long-term complications, including developmental delays and intestinal issues.
If your baby, or the child of a loved one, developed NEC after being fed formula like Enfamil or Similac, you may be entitled to seek legal action. There have been lawsuits against these formula manufacturers for failing to adequately warn parents and healthcare providers about the risks associated with their products. Consult with a legal professional to understand your options and pursue justice for your child.
Brain and Developmental Issues
Premature babies are at risk for brain-related complications because the brain continues to develop during the last weeks of pregnancy. These issues may affect their development in the short and long term.
Intraventricular Hemorrhage (IVH): This is bleeding in or around the brain, which can occur in very premature babies. The severity of IVH varies, with some babies experiencing mild bleeding that resolves on its own, while others may suffer more severe bleeding that leads to brain damage.
Cerebral Palsy: Due to brain damage or abnormal brain development, some preemies may develop cerebral palsy, which affects movement, muscle tone, and coordination.
Heart Problems
Preemies can experience heart issues, the most common being Patent Ductus Arteriosus (PDA). During pregnancy, a blood vessel called the ductus arteriosus connects two major arteries near the heart. This vessel is supposed to close shortly after birth, but in preemies, it may remain open, causing blood to mix between the arteries, which can lead to heart and lung problems.
Treatment for PDA may include medications or, in some cases, surgery to close the duct.
Temperature Regulation
Since premature babies have less body fat and immature skin, they can struggle to maintain their body temperature. This makes them more susceptible to hypothermia (a dangerously low body temperature). To help regulate their temperature, preemies are often placed in incubators or under radiant warmers until they are strong enough to maintain their own body heat.
NEC and Premature BabiesHaving a baby prematurely can be overwhelming, but with advancements in neonatal care, many preemies go on to live healthy lives. Medical teams work closely with families to ensure premature babies receive the specialized care they need during these critical early weeks. If your baby has faced these or other complications related to prematurity, seeking medical and legal guidance is crucial, especially if NEC and formula-based feeding were involved.