Toxic Baby Formula NEC Lawsuits
Necrotizing enterocolitis (NEC) is a serious and potentially fatal intestinal disease that typically affects premature infants. In recent years, major baby formula brands distributing cow’s milk-based formulas and fortifiers have been linked to NEC in infants. Babies who develop NEC are often already medically vulnerable, and cow’s milk formula is sometimes administered to address issues like low birth weight associated with premature birth.
If your baby was diagnosed with NEC or died due to this disease after being fed cow’s milk formula or fortifier, you may be entitled to financial compensation. The National Injury Law Firm™ is here to help you explore your legal options and seek the relief you deserve.
Toxic Baby Formula Claim Eligibility
To pursue an NEC claim related to toxic baby formula, your child must have received a diagnosis. While each child may experience symptoms of NEC differently, they typically manifest within the first few weeks of life, primarily through intestinal dysfunction. Common symptoms of NEC include:
- Abdominal distention (bloating and swelling of the belly)
- Inability to move food from the stomach through the intestines
- Greenish bile in the stomach, often presenting as green or yellow vomit
- Blood in stool
- Reluctance or refusal to eat
- Inability to grow or gain weight
In severe cases of NEC, parents may also see:
- Apnea (sporadic breathing)
- Slowed heart rate
- Lethargy or sluggishness
Because NEC can resemble other conditions, seek medical attention for your baby if you notice anything abnormal in their intestinal health, heartbeat, or breathing patterns. Your child’s doctor may perform several tests to diagnose NEC, including blood tests, fecal tests, and X-rays of the intestines.
In addition to a confirmed diagnosis, your child’s NEC must be linked to their consumption of cow’s milk-based formula to hold a formula manufacturer liable for damages. While obtaining evidence on your own may seem challenging, an experienced products liability attorney can thoroughly investigate your case to gather concrete proof that toxic baby formula led to your child’s NEC diagnosis.
Milestone Settlements and Verdicts
NEC formula settlements can vary widely depending on the nature of the case, the severity of the child’s illness, and other factors. Cases involving children who suffered an NEC infection but fully recovered might result in $50,000 to $150,000. Cases involving severe infections that require surgery or extended hospital stays might result in $150,000 to $300,000. Finally, cases involving lifelong complications or death might result in $500,000 or more in compensation.
It’s important to note that these numbers are not guaranteed results. Lawsuits against major formula manufacturers whose products have been linked to NEC in infants are ongoing, and settlements that might provide a compensation baseline are largely still pending. However, recent verdicts have been worth tens of millions of dollars, with Abbott being ordered to pay $495 million and Mead Johnson $60 million to NEC plaintiffs.
Consulting with an attorney is crucial to understanding the potential outcomes specific to your case. Our experienced attorneys can provide insights into the relief you may be eligible for. Contact us online to schedule a free consultation. We will ensure you know your legal rights and options.
NEC Frequently Asked Questions
1. What is NEC?
Necrotizing enterocolitis (NEC) is a dangerous intestinal disease primarily affecting premature infants, particularly those who are formula-fed. NEC occurs when harmful bacteria enter the intestinal wall, killing tissue (necrosis) and creating a rupture that allows germs to enter the abdomen. This often results in serious and potentially fatal infections.
2. How much does it cost to hire a lawyer if my baby is diagnosed with NEC?
At the National Injury Law Firm™, we operate on a contingency fee basis, meaning you pay nothing unless we secure compensation through your NEC claim. We also offer free consultations to ensure you know your rights at no cost to you.
3. Am I eligible to file a lawsuit if my baby passed away?
Yes, while nothing can make up for the loss of your child, a wrongful death lawsuit may allow your family to secure financial compensation for medical expenses, funeral costs, your child’s suffering, your family’s emotional anguish, and more.
4. Can NEC cause lifelong complications for my child?
Unfortunately, NEC can cause lifelong complications for your child. Though many children fully recover from NEC, the disease can also lead to long-term problems like short bowel syndrome, intestinal strictures, neurodevelopmental disabilities, and other serious complications.
5. How can toxic baby formula cause NEC?
The exact scientific link between baby formula and NEC has not yet been determined. However, it is understood that formula-fed babies are at higher medical risk of developing NEC.
6. What brands of baby formula have been linked to NEC?
Cow’s milk-based formula and fortifiers from several brands have been linked to NEC. Two of the most prominent formula brands associated with NEC include Similac, manufactured by Abbott Laboratories, and Enfamil, manufactured by Mead Johnson.
We Can Help if Your Baby Was Diagnosed With NEC After Consuming Cow’s Milk Formula
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