If you have a child, you may use baby formula to feed them or to supplement breastfeeding. Most parents never expect there to be a safety risk with the baby formula sold in stores. Yet, many parents have reported that some baby formula products led to their child having necrotizing enterocolitis (NEC). You may consider joining the lawsuit if your child developed NEC due to unsafe baby formula. We have compiled a list of questions you may have about the NEC baby formula lawsuit.
Why Are People Filing a Lawsuit?
Parents are filing a lawsuit against Abbott Laboratories and Enfamil because they claim they failed to warn parents of the risks of their products. Specifically, the lawsuits claim that certain baby formula products contain cow’s milk. Early evidence in the 1990s showed that cow’s milk fed to premature babies led to a significantly increased risk of developing NEC.
Premature babies who were fed both formula and breastfed had slightly lower numbers than babies who were only fed formula. Premature babies who were solely breastfed had much lower chances of developing NEC, indicating a strong correlation between premature babies and formula feedings.
Have Any of the NEC Lawsuits Been Successful?
Previously, affected parents filed lawsuits against physicians who prescribed certain formulas under a medical malpractice case. Many of these parents won their settlements. Now parents are focusing on the formula manufacturers who sold these products under a product liability lawsuit.
The basis of the lawsuits is that the manufacturers marketed the formula as safe. They failed to include warnings that might prevent parents from using these products with their premature babies. What happens with these lawsuits may set the tone for the future of baby formula companies and safety expectations.
What Is Necrotizing Enterocolitis (NEC)?
NEC is a disease of the intestinal tract, in which the intestine’s tissue suffers inflammation. Eventually, the tissue can die off. Holes in the intestines can also cause bacteria to leak into the stomach or bloodstream, putting the baby at risk. Although many babies do recover from NEC, it can also cause lifelong neurological conditions. NEC typically comes from a variety of sources, including bacteria found in cow’s milk. The condition most often affects premature babies who don’t yet have a developed digestive system.
Who Can File a Baby Formula Lawsuit?
If your premature baby developed NEC and you fed them one of the included Similac or Enfamil formula products, you may be eligible to file a lawsuit. A lawsuit can help you recover some of the costs related to the NEC diagnosis. An NEC baby formula lawsuit may help you cover related medical care costs. A lawsuit may also help cover your lost wages for caring for a baby with NEC. Additional damages that may be available in a lawsuit include pain and suffering, diminished earning capacity, and a loss of consortium.
The first step toward filing a baby formula lawsuit is determining your eligibility. Talking with a product liability lawyer can help you understand your rights and filing options. While your child doesn’t have to be diagnosed with NEC to file a claim, you may have to prove that the child suffered related symptoms. It’s also important to note that there are time limits on how long you have to file a claim.
This timeline to file a lawsuit varies, depending on your state. In Illinois, for example, you have just two years to file a claim. A class action lawsuit may also be a possibility. Class action lawsuits against Enfamil and Similac are early, but more parents are expected to come forward. You’ll still want your own lawyer to represent you in a class action lawsuit.
What Products Are Included in the Lawsuit?
A long list of Enfamil and Similac baby formula products is included in the lawsuit. A few of these include Similac Special Care, Similac Alimentum, Enfamil Human Milk Fortifier Acidified Liquid, and Enfamil Human Milk Fortifier Powder. It’s important to note that this isn’t a complete list, so if you believe that your baby may have developed NEC from an unsafe formula, it may be worth it to review a list.
You want the best for your baby, and you never expect the formula that you feed them to be unsafe. Evidence, however, shows that some of the biggest baby formula manufacturers may have failed parents with premature babies. If your child was the victim of unsafe baby formula, filing a lawsuit may help you cover some of the incurred costs.