NEC is a bacterial infection that affects the gastrointestinal system in newborns. It mainly affects premature babies. NEC develops from a bacterium's infection and inflammation of the large intestine. This leads to decay of the intestinal tissues allowing bacteria to leak into the abdomen, causing infection, low supply of oxygen to vital organs, growth restriction, and sometimes death. If you think your baby developed NEC from the formula you fed them, you may want to consider filing an NEC Baby Formula Lawsuit.
The damage to the intestine can cause stool spillage in the child's abdomen. This leads to sepsis that might be fatal. However, newborns who survive this gut syndrome have nutritional and neurological complications.
There is strong evidence that NEC is caused by cow’s milk in certain Enfamil and Similac formulas. Most babies born prematurely find it difficult to breastfeed. Doctors recommend baby formulas to boost their nutrition and growth.
Enfamil and Similac are the most common baby formula brands in these lawsuits. They are cow milk products with added nutrients to complement human breast milk. However, studies have shown that they cause bacterial septic in premature babies leading to holes in the bowels, causing bleeding and infection. This increases the chances of a premature baby developing NEC.
The manufacturers of these baby formula brands have not placed any warning labels about the health risk of these products despite the scientific evidence provided. This has resulted in many NEC baby illnesses and deaths.
Most plaintiffs claim the manufacturers failed to label the risk of NEC on their products to avoid hurting their brands. The failure to warn unsuspecting parents meant many newborn babies became severely ill or died.
Yes. If your baby was made seriously ill or even killed due to NEC, you may be able to receive compensation. Reach out to our team of personal injury lawyers today to get the most compensation possible.
Most law firms categorically identify each claim by looking at some specific parameters. The attorneys categorize the lawsuits considering families that have children who:
• Have been diagnosed with NEC
• Used Similac or Enfamil formula
• Were born prematurely
Some of the targeted Similac products that one might have used to qualify for the lawsuit are:
• Similac Special Care
• Similac NeoSure
• Similac Liquid Protein Fortifier
• Similac Alimentum Expert Care
• Similac Human Milk Fortifier
• Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
Enfamil baby formula products under scrutiny include:
• Enfamil Human Milk Fortifier
• Enfamil EnfaCare Powder
• Enfamil NeoPro EnfaCare Infant Formula
• Enfamil 24 Cal Infant Formula
• Enfamil Premature Infant Formula
If you have a child that developed NEC from consuming any of these products, you can file an NEC Baby Formula lawsuit. You have a severe case to present if you meet any of the eligibility criteria and your child either got surgery or a medical procedure to manage NEC or in the unfortunate event that your child did not survive.
Most plaintiffs focus on causation issues and the following types of compensation claims:
The amount of money you use for medical care and treatment is an excellent ground to seek compensation. Lawyers who win NEC lawsuits seek a refund of the money spent seeking treatment in the past, current, or future. Keeping records of the invoices used for treatment is essential to get the proper compensation you deserve.
Pain and Suffering
NEC-related treatment could cause a parent to undergo pain and suffering. Pain and suffering compensation addresses the plaintiffs' emotional trauma, fear, anger, and anxiety during the entire period.
The plaintiff could demand lost earnings if the NEC treatment made the parents take time off work to care for their child. It is also considered if the parents cannot work anymore to take care of the child.
Plaintiffs also put a case on the level of impairment the condition leaves a child with. Children permanently disabled from NEC-related conditions will seek compensation for lost future earnings.
If a child dies from NEC-related conditions, wrongful death and survival laws take effect. Parents can seek compensation for the pain and suffering that might have affected their physical or psychological health. The compensation claimed can also cover medical treatment costs before death and the length of time they could have worked and earned.
Plaintiff also wants family members to receive compensation for damages caused throughout the funeral arrangement program. This includes all funeral-related costs and burial expenses incurred by the family members.
Plaintiff can file for damages or compensations for the intangible benefits. These benefits deprived of them by NEC condition could be care, nurturing, love and affection. The emotional affection expected from the child could affect their relationship in the future; hence parents can apply for loss of consortium.
Most attorney charges no fees when evaluating your lawsuit. Most baby formula lawsuits are handled on contingency fees, so you don't have to worry about any payments. The lawyers will get their percentage if they win the case, and you get compensation. You only need to negotiate and agree on the percentage they will take when it's settled.
You need to contact an attorney immediately if you suspect that it could be a baby formula lawsuit. Always get your medical diagnosis report and reach out to a layer near you if your child has NEC. There are deadlines set, so the earlier you visit your lawyer, the better for you. This differs from state to state as each has its statute limitations.
Visiting a lawyer helps you get the correct legal opinion and the appropriate lawsuit to file. In addition, you will get more information on the relationship between baby formula and NEC, deadlines, limitations in your state, and your rights.
NEC baby formula lawsuit could be a long, arduous, and challenging process. The psychological stress from the effects of NEC on your child could be weighing you down. You should look for an NEC baby formula lawsuit attorney to help you through the process.
The attorney will be able to give you all the facts and information you need, even when you're still coming to terms with the effects of NEC on your child. You will know what to expect and the right lawsuit to file.