Suppose you suspect that your child may have developed necrotizing enterocolitis (NEC) due to the intake or use of Enfamil and Similac Baby formula. In that case, you might be eligible to receive the amount you paid through NEC Baby Formula lawsuit.
When you’re considering making an NEC baby formula lawsuit, it’s crucial to know the details of the lawsuits and when parents could be eligible to sue manufacturers of baby formula.
Recently, the parents of premature infants have declared lawsuits against the producers of Enfamil and Similac baby formula makers due to the danger they pose to babies. The lawsuits target Abbott Laboratories and Mead Johnson & Company firms, which have failed to inform consumers about the risks of developing NEC when premature babies drink their products.
NEC is a potentially dangerous digestive disorder that can cause severe harm to infants via the irritation of the intestines, which can lead to the development of small holes within the intestinal wall. Then, these holes expose the infant to infection as the intestinal bacteria infiltrate the abdominal or blood vessels.
In the absence of a proper diagnosis and treatments, NEC can lead to severe illness in infants affected and may result in death in extreme cases.
The main ingredient that causes NEC comes from cow’s milk, which is made from cow milk, which can increase the risk of developing NEC when babies are born prematurely.
The lawsuits against Abbott Anderson aimed to hold the companies accountable for their negligence when they failed to adequately warn consumers about the dangers of consuming Enfamil or Similac products. The failure to warn consumers is the reason for the product liability case for several families affected.
Specific Claims in the NEC Baby Formula Lawsuits
The lawsuits involving baby formula have raised various claims, such as in the case of Abbott and Mead Johnson, with claimants and their lawyers within America and the U.S. making several arguments.
One of the major arguments is that, while a lot of people and organizations have believed that fortifiers containing cow’s milk are safe to consume, new studies have revealed health risks with these products, including the chance for developing NEC in preterm infants as well as babies born with the lowest birth weight.
Furthermore, these claims claim that Mead Johnson and Abbott’s instructions and cautions on their products had words that were unclear, and they did not provide specific information on the possibility of developing NEC or other issues with the intestine.
The lawsuits also assert that the manufacturers could have employed safer alternatives for their infant formula products but used cow’s milk. However, the company did not refuse to modify product packaging or information to inform consumers about the dangers of using formulas made from cow’s milk. Their marketing materials also promoted their products as equivalent to breastmilk in quality and safety when they sold products to parents.
Another theory is that both companies tried to trick consumers into believing their products contain or are similar to breast milk.
What Are the Effects of NEC?
NEC is among the most hazardous conditions for infants and puts them at risk for fatal illness or even death in a lot of instances.
NEC could cause a variety of health problems in infants. One of them is digestive or intestinal perforation sepsis and brain injuries like cerebral palsy, brain bleeding scarring int, intestinal stricture and hypoxic-ischemic neuropathy (HIE), which occurs when the brain doesn’t get adequate oxygen.
If your child has experienced any of these symptoms due to their consumption of fortifiers made from cow’s milk, There are many signs parents should be looking for that may indicate NEC. A few possible signs include diminished activity, bloating or swelling in the abdomen, bloody stool, an unstable temperature, and inability to digest food properly. A doctor can determine if NEC causes the symptoms with a definitive diagnosis.
These problems are typically expensive and cause many expenses for parents, mainly if the conditions are severe enough to require long-term treatment. To help parents recover the losses, it is possible to bring lawsuits against responsible corporations and hold them accountable for their inattention.
Who Qualifies to File an NEC Formula Lawsuit?
Parents who suspect that their child is suffering from NEC due to cow’s milk used in Enfamil or Similac baby formulas could be legally able to bring a case against the manufacturers responsible. If your child is sick or passed away due to the growth of NEC and you believe that it is the cause, you could be eligible for a lawsuit against the baby formula.
There are many damages families could be able to collect in an NEC Baby Formula lawsuit, which include:
- Medical expenses to treat premature infants who are diagnosed with NEC
- Continuous treatment for infants who require long-term care because of impairments resulting from extreme cases of NEC
- Damages that are not economic arising from NEC include the child’s suffering and pain and the distress of the family
Parents who have children who passed away due to NEC caused by the baby formula could be able to claim damages for wrongful deaths. This could include the damages mentioned above, the cost of funerals, and burials. Parents could be able to claim reimbursement for the psychological or emotional pain that results due to the child’s passing.
What Formulas Are Linked to NEC?
If you’re thinking of claiming in the case of Mead Johnson or Abbott, it’s essential to know which baby formulas contain harmful chemicals to determine if you’re eligible.
Numerous Enfamil and Similac baby formulas have been implicated in recent lawsuits against baby formulas. These formulas contain cow’s milk to substitute for breast milk in cases where premature babies cannot feed via breastfeeding.
The parents will provide the products to babies to speed up their growth, but the manufacturers should warn consumers of the dangers of developing NEC because of the cow’s milk these items contain.
There are a variety of baby formulas that are a part of the lawsuits that have recently been filed against Abbott Laboratories and Mead Johnson & Company.
Similac Products
The following are Similac products that contain cow’s dairy that may increase the chance of NEC:
- NeoSure
- 360 Total Care
- Exceptional Care and Special Care 20/24/24 High Protein/30
- Alimentum and Expert Care Alimentum
- Human Milk Fortifiers
- Liquid Protein Fortifier
Enfamil Products
In the same way as Similac, many Enfamil products have been implicated in recent lawsuits, which include Enspire, DHA-In-Sol, Premature 24 Cal and 30 Cal Premature Iron Formula for Infants 20 and 30 Cal Premature Infant Formula 24 Cal Nutramigen, Human Milk Fortifiers, NeuroPro Gentleasse and EnfaCare and the The 24 Calorie Food Formula.
While some parents might consciously give premature babies NEC formula, however, hospital staff could offer it to infants without their parent’s knowledge. In such cases, a children’s lawyer could be able to assist in determining if the hospital provided your child with one of these affected formulations.
Recalls of Affected Baby Formulas
Although there is a connection between milk from cows within the formulas affected and the creation of NEC, there isn’t any formal recall of the impacted Enfamil and Similac products.
There have been numerous recalls since early 2022 regarding a wide range of Abbott Laboratories products. The lawsuits that have been filed include:
- Feb. 2022 — In the wake of four infants suffering from infections caused by Cronobacter sakazakii and an infection with Salmonella Newport Abbott has recalled the affected infant formulas which may be responsible for the infection. These formulas included EleCare, Similac, and Alimentum products. Before the time that Abbott announced its recall of these products, two of the affected babies died. There will be a second report of an infection caused by bacteria triggered by eating Abbott infant formula.
- March 2022 – Abbott was in trouble at the U.S. Food and Drug Administration (FDA) because the FDA inspection found that the business didn’t follow the appropriate guidelines and procedures to avoid contamination of their products.
Steps to Take If a Child Develops NEC
If a child is diagnosed with NEC after eating formula for babies, there are a few specific steps you should take to start the process of bringing a lawsuit:
- Seek Medical Attention: It is the first step for anyone who injures the victim or any other product seeking medical attention. When your child exhibits any signs of NEC, get immediate medical care. A doctor can tell whether the symptoms are due to NEC or another ailment.
- Preserve the Product: Next, you must make sure the baby formula is in good condition, and you have evidence of the purchase. This will serve as the primary case. However, you might be able to prove that hospital personnel gave an affected child the formula.
- Speak With a Product Liability Attorney: Bring any documents and other evidence that you may have to a product liability attorney. The lawyer can help you understand the options available and possibly assist you in filing the possibility of a lawsuit.
Find Out If You Have a Potential NEC Baby Formula Lawsuit
Suppose you suspect that your child may have developed NEC due to the formulas involved in the latest NEC infant formula litigation. In that case, you may be eligible to claim the cost of financial losses and various other damages that are not economic.
