There are two things I didn’t fully appreciate until I became a mom: first, how fast time flies and, second, there is nothing quite as scary as being in the hospital with your child.
Fifteen years ago, my son Jonathan entered the world early at 26 weeks and spent 99 days in the neonatal intensive care unit (NICU) at Baylor University Medical Center in Dallas. This was one of the few times since we became parents that time seemed to stand still. I remember every detail – how overwhelmed my husband and I were by all the questions we were being asked and the decisions being made, and how thankful we were – and still are – to all the doctors and nurses taking care of my son. There is no doubt in my mind that these medical professionals and the innovative treatment they recommended saved our son’s life.
Unfortunately, there are lawsuits popping up across the country that could have serious consequences and impact the ability of families like mine to receive the care they need in the future. The second verdict out of hundreds of similar pending claims around the country came out in Missouri last week awarding $95 million in compensatory damages and $400 million in punitive damages.
The plaintiffs in these lawsuits are moms like me, parents of preterm infants who argue that the manufacturers of preterm infant formula and human milk fortifiers do not properly warn about the risks of necrotizing enterocolitis (NEC), an intestinal disease that affects premature and low-birth weight babies. These products are specifically created and distributed to hospitals to be used at a doctor’s direction and save thousands of babies every year, including my son. Doctors consider the risks of the treatment, as well as the consequences of not administering the care, and make a recommendation in the best interest of their patient – a feeble infant, clinging to life. This conversation between parents and doctors in the NICU, called informed consent, can be extremely difficult but is necessary.
As we watched our son fight for his life, we trusted the doctors to advise us on the best course of action to respond to his needs to ensure he grew and developed. And that’s exactly what they did. It’s hard to envision being told during such a traumatic and hectic time that I needed to stop and read the labels of the formula myself and consider every possibility. Doctors are the ones with decades of schooling and experience. They know that the science proves pre-term infant formula and human milk fortifiers do not cause NEC, which is why these products are used in NICUs across the country.
Luckily, my husband and I were able to depend on our doctors who continuously consulted us about the course of treatment and provided updates on our son’s progress. And I remember hearing about NEC, and fearing Jonathan could get it. But at the time, even with the risks, formula and milk fortifiers provided him with the best chance to grow, fight, and survive. And thanks to all the quick, thoughtful decisions the doctors made in the best interest of my son, Jonathan Jr. is a healthy, thriving 15-year-old that plays basketball, baseball, and golf.
Medical care decisions involve a number of considerations and should be made between a patient (or parent) and the doctor. Our trusted doctors are the intermediaries that assess the situation and determine what is best. As a mom, I know this doctrine means the people making nutritional recommendations were acting in my son’s best interests. This personalized approach ensures that warnings are communicated effectively within the context of each patient’s unique situation.
As a mom, I don’t want a future where these lawsuits continue to be successful. I don’t want a future with limited access to preterm formulas, or worse, a return to a time when preterm babies don’t stand a chance. I want my doctor to feel empowered to make the best, most well-informed decision for me and my child.
I remember every detail of the 99 days in the hospital, and I will always be thankful to the doctors and nurses we trusted to take care of our son. I strongly believe NICU nutrition conversations should be left to the patients – their caregivers – and medical professionals. But if these lawsuits continue to be successful and punish the formula manufacturers, the decisions will be second guessed all the way to the courtroom, taking treatment options away from the premature babies who need them.
Fifteen years ago, sitting in that NICU, the wonderful life my son has lived felt impossible. Without formula, milk fortifiers, and my doctor’s guidance, it would have been.