Some baby formula manufacturers like Mead Johnson & Company and Abbott Laboratories are facing a number of baby formula lawsuits after premature babies developed necrotizing enterocolitis (NEC). These lawsuits allege the manufacturers of Similac and Enfamil didn’t adequately warn that the cow’s milk-based formulas could lead premature babies to develop or die from NEC.
NEC is a severe gastrointestinal problem that mainly affects premature babies. The health condition inflames intestinal tissue, causing it to die, and it can lead to a hole (perforation) forming in a baby’s intestine. These perforations can allow bacteria to leak into the abdomen or bloodstream, according to the Cleveland Clinic.
Parents involved in these lawsuits claim the formula makers failed to adequately warn parents of the dangers of feeding the cow’s milk-based infant formulas to their babies, putting them at increased risk for the intestinal disease, despite studies going back as far as the early 1990s that showed a possible link between some cow-based baby formulas and NEC.
About 1 in 4 babies needs surgery to remove dead intestinal tissue and repair holes caused by NEC. Fortunately, an estimated 8 in 10 babies with NEC survive, but some of these babies will have long-term health problems from the gastrointestinal problem.
If your baby drank Similac or Enfamil and developed NEC, you may be entitled to compensation. Some types of compensation you may be able to recover include medical bills, surgery costs, lost wages if you couldn’t return to work as a result of your infant’s condition, other financial losses, pain and suffering (including emotional and mental), and possibly punitive damages, if appropriate.
Contact the infant formula lawsuit lawyers at Phillips Law Group for a free consultation to help determine if you have a qualified case. Your information will remain confidential, and you don’t owe us anything unless we take on your case – and win. Give us a call at 602-222-2222 to learn more now.
What Are the Symptoms of NEC?
The most common symptoms of NEC are, according to the Cleveland Clinic:
- Abdominal pain and swelling
- Changes in heart rate, blood pressure, body temperature, and breathing
- Diarrhea with bloody stool
- Green or yellow vomit
- Lethargy
- Refusing to eat and lack of weight gain
What Long-Term Health Complications Can NEC Cause in Infants?
NEC is an extremely dangerous condition, to the point that it is the most common cause of death for babies born prematurely and with low birth weights. Unfortunately, even if doctors are able to quickly and effectively treat NEC in a premature infant, it is not uncommon for that infant to suffer lifelong complications as a result of the infection, including but not strictly limited to:
- Stunted physical growth due to problems absorbing nutrients from food
- Neurodevelopmental delays and/or limitations, potentially including cognitive disabilities, cerebral palsy, and/or sensory issues
- “Strictures” which narrow the intestines and cause significant abdominal discomfort/pain, potentially to a degree which will require surgery to correct later on
- Increased risk of cholestatic liver disease due to nutritional deficits in early life
- “Short gut syndrome” or “short bowel syndrome,” both of which entail long-term nutritional deficits stemming from the surgical removal of necrotized tissue as an emergency treatment for NEC
- Recurrence of NEC, in rare situations
A qualified NEC infant formula attorney can help demand restitution for both short-term and long-term complications of this condition.
Which Baby Formulas Are Involved in Lawsuits?
The following are baby formula brands named in Similac and Enfamil lawsuits, according to Forbes:
- Similac Special Care
- Similac Human Milk Fortifier
- Similac NeoSure
- Similac Alimentum
- Similac Alimentum Expert Care
- Similac Human Milk Fortifier Concentrated Liquid
- Similac Human Milk Fortifier Powder
- Similac Liquid Protein Fortifier
- Similac Special Care 20
- Similac Special Care 24
- Similac Special Care 24 High Protein
- Enfamil Human Milk Fortifier Acidified Liquid
- Enfamil Human Milk Fortifier Powder
- Similac Special Care 30
- Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
- Enfacare Powder
- Enfamil Human Milk Fortifier Liquid High Protein
- Enfamil Milk Fortifier Liquid Standard Protein
- Enfamil NeuroPro Enfacare
- Enfamil Premature 20 Cal
- Enfamil Premature 24 Cal
- Enfamil Premature 24 Cal/fl oz HP
- Enfamil Premature 30 Cal
- Enfamil 24 and DHA & ARA Supplement
What Steps Should I Take If I Suspect My Child Developed NEC Due to Baby Formula?
If you have any suspicions that your child is displaying symptoms of NEC, your first and only priority should be seeking emergency medical care for them at a hospital, as delaying treatment of this kind of condition for even a few days can have life-threatening repercussions. If you have already sought care and want to explore your options for civil litigation, your next course of action should be preserving and collecting evidence to support your potential claim.
First and foremost, you will need comprehensive medical records detailing exactly what your child was diagnosed with, what treatment they received, and what their long-term prognosis is in the opinion(s) of their treating physician(s), as well as proving that they were born prematurely and/or at a low birth weight. You will also need to establish that your child did in fact receive one of the baby formulas listed above, and then be able to show a correlational link between your baby’s consumption of that formula and their NEC diagnosis. Guidance from legal counsel can be essential not just to making good use of all available evidence during this sort of claim, but also to finding and preserving that evidence in the first place.
What Are the Potential Challenges in Pursuing in a Baby Formula Lawsuit?
One of the primary complications of NEC infant formula litigation is the fact that so many other families have been harmed in the same way yours have. When multiple people have grounds to file suit against the same person or company for the same type of harm, their individual claims are usually combined into some form of mass tort claim as a matter of practicality, and the process of pursuing compensation through this type of litigation can be very different from that of filing a single lawsuit alone against a single defendant.
Furthermore, the manufacturers of formulas like Similac and Enfamil are massive corporations with millions of dollars dedicated towards fighting lawsuits filed against them, and that kind of opposition can be extremely difficult to overcome. Fortunately, you have support available from knowledgeable legal professionals with experience handling cases like this successfully in the past.
Can I Still File a Lawsuit If My Baby Survived NEC But Suffered Complications?
There is no requirement for your child to have suffered fatal complications from NEC in order for you to have grounds to sue the manufacturer(s) of the formula which caused that condition. As long as your child was diagnosed with NEC which was connected to their consumption of one of the formulas listed above, you very likely have legal standing to seek compensation for losses caused by that condition, including medical bills, lost future working ability, physical and psychological suffering, and more.
Can I File a Lawsuit If My Baby Was Born Full-Term But Developed NEC After Using Formula?
The primary focus of NEC infant formula litigation is injuries suffered by premature babies, since premature birth dramatically increases the risk of intestinal problems stemming from the use of cow’s milk-based formulas. However, it is not unheard of for full-term babies to develop NEC for a variety of reasons, so it may still be worth discussing your options with a knowledgeable NEC infant formula lawyer.
How Much Does an Infant Formula Lawsuit Lawyer Cost?
At Phillips Law Group, we work on a contingency fee basis, meaning we do not charge any upfront costs or fees and only require payment if we recover compensation on your behalf. There is no risk in contacting our firm to discuss your potential case and to get the legal assistance you deserve. Please give us a call to discuss your legal options today!
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