The arrival of a child is a joyful occasion for families. Having a preterm birth undergoing treatment in a (NICU) neonatal intensive care unit can be extremely stressful during the first several weeks or months of their life. As caregivers and parents, it is critical to ensure that new infants receive the nourishment they require to grow and develop properly. Even though studies have proven that breastfeeding is preferable for preterm babies, there are situations when infant formula seems to be the only alternative or is required to augment nursing in some cases. However, there are significant risks associated with cow-milk-based formulas, mainly when administered to preterm babies.

Health care practitioners and formula makers may be held liable if a premature infant becomes ill due to being fed cow-based infant formula. These claims may be made for medical neglect and product responsibility. Those who fail to alert consumers or physicians about the dangers appropriately may face legal consequences.

This is the complaint in the suit brought against Mead Johnson & Company, LLC, and Abbott, the manufacturer of the infant formula Similac, for breach of contract. A California preterm baby’s parents fed with Similac at the neonatal intensive care unit filed a wrongful death suit. The child died later of necrotizing enterocolitis barely 16 days post-delivery. In their lawsuit, they argue that the threat of Similac infant formula triggering NEC and mortality in preemies were not adequately mentioned on the formula's container, in its precautions, or in other publications.

Certain varieties of infant formula have been demonstrated to enhance the risk of (NEC) necrotizing enterocolitis in several studies. Necrotizing enterocolitis is more likely to occur in preemies given bovine-based infant formula, contributing to yet an additional layer of problems to their already complicated lives. Understanding your constitutional rights as a parent is critical if your child becomes ill due to a product and if the worst-case scenario occurs.

The lawsuit involving Similac isn't the first to dominate the news due to a baby food recall. There were rumors of over 80 lawsuits filed against infant food makers in February 2021 after toxins, including arsenic, were discovered in the product. In addition to being potentially lethal, the neurotoxic impacts of the newly found toxins can also cause significant impairment in brain development.

Understanding Necrotizing Enterocolitis and How it Manifest Itself

Inflammation of the intestines results in necrotizing enterocolitis, a disorder that causes tissue death. A perforation in the baby's damaged intestine due to the damage increases the possibility of bacteria spilling into the belly, which can be pretty dangerous. Sepsis and infections may develop, as a result, rendering NEC far more severe and potentially life-threatening.

Infants who are born prematurely, especially those who are tube-fed and weigh approximately under six pounds at birth, are at particular risk of NEC. Those weighing below two pounds, on the other hand, are at the highest risk.

The following are the signs and symptoms of NEC:

  • Swelling and discomfort in the abdomen

  • Vomit that is green in color

  • Lethargy

  • Blood in the feces

  • Changes in the heartbeat, core body temperature, and blood pressure

If your baby is struggling with weight gain, it might also be a sign of NEC, the disorder that most usually manifests itself within the first two to six weeks following preterm birth. In necrotizing enterocolitis, several forms can manifest themselves in varying degrees of severity, from moderate to critical. It can swiftly deteriorate and become fatal, whereas many newborns recover entirely. Some suffer from long-term health consequences.

Reasons for Increased NEC Risks in Preterm Babies

Since their organs are immature when delivered, preterm newborns are in danger of experiencing immediate and long-term difficulties. These individuals suffer from various medical conditions, including cardiac, gastrointestinal, respiratory, and immunological distress and deficits. When a baby is born under 37 weeks of gestation, it is considered preterm. Because premature babies are born so early, they are at greater risk of developing NEC, a potentially fatal illness.

Many premature newborns are often unable to breastfeed well because they are not strong or large enough to support themselves. Consequently, they frequently require additional nutrients in order to grow and develop properly and to assure their own survival. To achieve this criterion, several hospitals supplement their baby formula with cow's milk.

NEC is more likely to affect premature babies and cow-milk-based formulas are far more harmful than normal formulas, according to recent studies undertaken over the past several years. The manufacturing companies must provide appropriate cautions to ensure that doctors and parents make informed choices.

Because of this, the American Academy of Pediatrics has urged that children should only be fed breast milk during the initial six months of their life since its establishment nearly ten years ago.In contrast, many preterm infants have difficulty latching on to their mothers' breasts, donor breast milk can help.

Expected Compensation Amounts for NEC Infant Formula Lawsuits Settlements and Judgments

These NEC infant formula product liability suits are the first of their kind in the country. Families have filed necrotizing enterocolitis (NEC) cases in the form of medical malpractice claims for many years. As a result, if these claims are successful, the settlement payments in these claims have a background that relevant authorities can use to aid us in determining prospective settlement values in this litigation.

Successful necrotizing enterocolitis preemie lawsuits typically result in settlements or verdicts for vast amounts of money. The infant formula attorneys predict similar compensation payments if the plaintiffs prevail in these lawsuits.

However, the attorneys do not anticipate any Similac suits going through the courts soon. They may be mistaken. However, the attorneys believe that the manufacturers of these infant formulae will attempt to reach an out-of-court settlement with as many NEC claims as possible.

On the other hand, settlement amounts are not quite the same thing as trial sums. In other words, even if the manufacturers of Similac expected an average legal judgment compensation payment of $2 million per specific case, this does not imply that the average settlement offer will be $2 million as well. Why? The A settlements are negotiated agreements.

The Possibility of NEC Infant Formula Lawsuits Becoming a Massive Class Action Suit

The NEC infant formula claims will not be a massive class-action case against the companies. Fortunately, the number of people who have been victims is relatively minimal, considering that NEC is rare.

In contrast, the baby formula lawsuits may result in a class-action case, albeit one with fewer than thousands of victims. Furthermore, although the scale of the litigation may be lower, the compensation amounts may be enormous. For this reason, and since the injuries sustained in several NEC cases are severe, the average consumer settlement compensation amount in the infant formula lawsuits might be extremely high.

The Statute of Limitations for NEC Infant Formula Lawsuits

The limitation period for bringing an NEC case is a complex subject to answer. The time limit for filing a lawsuit is determined by the state where the damage occurred. There are often separate statutes of limitation for the child – who could have a 21-year timeframe to launch a lawsuit – and the parents, with a typically shorter time to sue.

In addition, there is a potential disclosure rule concern in the NEC litigation, which might result in the statute being extended even further.

However, there may be a limited period in which to file claims. So, if you think that you might need to file an infant formula case, speak with an NEC formula attorney right away to ensure that you completely understand your legal options.

Handling NEC Lawsuits

The wrongful death suit filed against Similac for its infant formula has brought to the fore and exposed the critical role that food companies play in a newborn's development and well-being. There could be a reason to hold a doctor liable and pursue justice if the NEC hazards connected with the formula for premature children are not communicated to parents or if a clinician fails to convey the dangers to parents.

If your child experienced necrotizing enterocolitis after being fed Similac or some other bovine formula in the hospital, you should consult with wrongful death, product liability, or medical malpractice attorney to discuss your options. The filing of a lawsuit against individuals who neglected to alert you of the dangers can assist you in ensuring that your family obtains adequate compensation for healthcare fees, lost wages, and emotional distress. Death or a terrible long-term disease are not required in these situations. Even after your infant has recovered fully from NEC, you may still be able to pursue legal action against the hospital.

Join NEC Baby Formula Lawsuit Near Me

If your child has suffered from necrotizing enterocolitis after feeding on Similac or any other similar cow-milk-based formula, we invite you to contact us at Consumer Alert Now to help you join a mass tort. We have dedicated ourselves to informing citizens across the country about faulty devices or products and helping them join a mass tort to sue the responsible parties. Contact us today at 800-511-0747 to learn more about how we can help you.