For many years, premature infants were given bovine-based baby formula as an alternative to breast milk. According to Healthline, bovine collagen is derived from cows, yaks, or buffalos. It contains calcium, vitamin D, and protein, which benefit an infant’s teeth, muscle, and bone growth.
Hence, doctors and nurses trusted bovine-based formulas from brands like Similac and Enfamil. However, researchers soon linked the product to necrotizing enterocolitis (NEC) in premature babies.
NEC leads to intestinal inflammation and perforation. As a result, the bacteria leaks into the bloodstream and abdomen, causing deadly infections. If left untreated, NEC can become life-threatening for the infant.
Parents of these babies became furious with healthcare institutions and manufacturers. Hence, they filed multiple baby formula lawsuits to get justice against corporate wrongdoing. In this blog, we will discuss everything you need to know about NEC lawsuits.
Why Should Parents File a Baby Formula Lawsuit?
NEC affects almost 9,000 out of 480,000 preterm babies each year. While this is an uncommon disease, it has become a prominent side effect of bovine-based baby formula. Hospitals used Similac and Enfamil formulas to provide nutrition to premature babies.
Soon, this decision would become a nightmare for doctors, nurses, and parents. Reports suggest that NEC is fatal in 25% to 50% of cases. Therefore, many infants lost their lives, while others developed neurological and nutritional complications.
No parent should have to fight for their child’s wrongful death. Hence, this incident created an uproar against the manufacturers, hospitals, and distributors. They failed to warn the parents about side effects, leading to life-altering medical consequences in their preemie.
A recent NEC lawsuit update states that the federal judge approved a Maryland mother’s attempt to seek punitive damages. Her child suffered devastating side effects from Similac. Hence, she filed a lawsuit against Abbott Laboratories for failing to warn the medical community about these side effects.
According to TorHoerman Law, you can file a baby formula lawsuit if your child developed NEC after being fed toxic formula. You may bring up a medical malpractice lawsuit against the healthcare providers. Moreover, the manufacturers can face a product liability lawsuit. Hire an NEC lawyer to help you gather evidence, assess damages, and win the settlement amount.
How to Choose the Right Lawyer for an NEC Lawsuit?
Filing a baby formula lawsuit can provide financial compensation for negligent corporate behavior. The individual payouts can range between USD 5,000 and USD 500,000. However, it will depend on the extent of the formula’s effects on your baby’s health.
A successful verdict will help you fight against injustice and corporate malpractice. You can force companies like Abbott Laboratories and Mead Johnson to enhance transparency, pay for damages, and tighten quality standards. Doing all these things will require an experienced NEC lawyer.
Ideally, you must choose from the 50,693 personal injury attorneys in the country. Hence, you should keep these in mind while searching for the best NEC lawyer:
- Check the online reputation and previous win ratio of similar cases
- The lawyer should offer a free case review to determine eligibility
- Legitimate attorneys will not ask for upfront payments
- Compare the legal costs across your shortlisted lawyers
- Find an attorney with enough knowledge, time, and resources
With their help, you can get the compensation that your family deserves. Technically, plaintiffs can receive compensation for medical costs, wrongful death, loss of income, and suffering. Additionally, you can focus on your baby’s recovery, and attorneys will take care of the legal aspects.
The Future of the Baby Formula Lawsuit
Reports suggest 205 active baby formula cases have been pending global settlements from jury verdicts. In older NEC lawsuits, the jury awarded the plaintiffs between USD 1.5 million and USD 23 million. However, these cases were against hospitals and not the manufacturers.
Even then, this lawsuit is in its early stages, and no final settlement has been reached for manufacturers. After this, infant formula became the subject of controversy around the world.
Unfortunately, a study claimed ‘no vital differences’ in NEC symptoms between human milk and a bovine-based diet for preemies. Moreover, an Illinois federal judge denied the economic harm claimed by parents who purchased Similac baby formula. The court could not find evidence of bacteria in the product.
Of course, these instances will alter the outcome of the NEC lawsuits. According to Forbes, parents will get compensation only if the jury determines the manufacturers chose profit over health or safety. In short, the future depends on substantial medical proof, patience, and your lawyer’s ability to win cases.
The Bottom Line
If a preterm baby survives NEC, it will forever have developmental delays, narrow intestines, and a risk of sepsis. Doctors treat NEC with antibiotic therapies, frequent blood tests, and mother’s milk. However, there is no ‘cure’ for NEC.
According to the Consumer Notice, the government has not issued a recall on Enfamil and Similac infant formulas. On the other hand, Abbott Laboratories recalled their products on the pretext of bacterial contamination. They did this after the deaths of a few premature babies.
Some believe these cases represent the voices of the voiceless preemies undergoing intense medical battles. Will the manufacturers be held liable for their negligent behavior? Only time will tell.
