The NEC condition refers to a bacterial infection common in preterm newborns that causes intestinal tissue inflammation, resulting in severe gastrointestinal medical emergencies. The condition's impact can be devastating for both the family and the newborn, which is why the law allows these parents to pursue compensation, especially if the disease is a direct result of cow-milk baby formula consumption. Typically, the party to seek compensation from is the infant formula maker.
Understanding Baby Formula Lawsuits
Based on statistics by March of Dimes, approximately one out of every ten newborns arrive before the 37-week gestation, equivalent to 380,000 preemies. Further, the Children’s Hospital Los Angeles says that 10% of these preterm newborns develop NEC. Between 25%-50% of the neonatal population suffer from the NEC condition. This is according to an article reported in 2017 in the Advances in Nutrition journal.
Scientific studies have proved an association between exclusive feeding of formula on infants and the development of necrotizing enterocolitis conditions. Sadly, many families, neonatal intensive care unit (NICU) nurses, and physicians that many renowned infant formula brands are unsafe for consumption by preterm babies because they contain or are fortified with cow’s milk.
The makers of this defective product face lawsuits from families whose infants have sustained injuries, health complications, or died because of NEC.
Plaintiffs in NEC Preemie Formula Lawsuits
All victims of NEC conditions stemming from baby formula consumption, including families and parents of the baby, are eligible to file a suit against the maker of the relevant formula brand. However, before commencing seeking reimbursement, you must understand the NEC injuries that qualify you for the process. The injuries or impairment include cerebral palsy, severe bacterial infections like sepsis, peritonitis, and neurological issues.
Moreover, when a family or parent loses their infant because of NEC or related health complications, you can seek reimbursement for the preventable demise of the baby. Again, you are eligible for compensation in an NEC suit if surgery is required after treatment to remove the dead or eroded intestinal tissue or undergo colostomy or ileostomy.
Similarly, you should file a product liability suit if the baby develops gastrointestinal problems like intestinal stricture or intestinal syndrome, causing long-term and adverse health effects.
Also, a parent can only file a lawsuit for the defective product today if they experienced a preterm birth or before the lapse of the thirty-seven gestation period. In addition, the infant in question should be detected with NEC by a licensed doctor.
Lastly, the infant should have consumed formula milk containing or refreshed with cow milk. If you wonder which formula brands are made using cow’s milk, the common ones are listed below:
- Similac Special Care
- Enfamil Human Milk Fortifier
- Enfamil NeuroPro EnfaCare Infant Formula
These are not the only brands in the market. There is a more general list of baby formula brands nationwide, even though it is not entirely exhaustive. The list includes but is not limited to formulas like Gerber, Bobbie, Happy Baby, Similac, Enfamil, Kendamil, Parent’s Choice, Earth’s Best, Holle, Lebenswert, Go & Grow, and Loulouka.
Cow milk is contained in 80% of the formula brands available nationwide based on statistics by NPR. Many parents are surprised to learn that most baby formula brands widely rely on cow’s milk.
If the newborn arrives on term, they will not have problems consuming cow-milk formula because their gastrointestinal system is already developed. The formula has proved to have no health complications on healthy newborns, explaining why baby formula is widespread despite containing cow’s milk which proves to be harmful to preterm infants. The gastrointestinal system of preemies is still under development, and milk from cows makes it susceptible to bacterial infection that increases the risk of developing the NEC condition. This is based on a research editorial published in 2020 in the Breastfeeding Medicine journal.
Madison- St. Clair Record opines that baby formula makers face lawsuits not only because of selling a defective product that has caused severe injuries, harm, or death but also continuing aggressive promotion of the same product to families with preterm infants.
Contingency Basis Payments for Parents With Infants Suffering From NEC
Welcoming a newborn to the world should be a joyous moment for the family by adding another member to the group. Unfortunately, not all parents have a smile on their face after delivering a baby, especially if it is a preterm arrival. Preemies are born with health complications and weak immunity, meaning for the infant’s parents, the baby’s birth turns into a time of worrying about their wellbeing or even chances of survival. Also, the medical interventions required when an infant is diagnosed with NEC are costly, requiring parents to dig deeper into their pockets to pay medical expenses. Therefore, when filing an injury claim to seek compensation, you want an attorney who understands how an NEC diagnosis can cause havoc to a family to be compassionate at this dark time.
Your family and the infant deserve reputable legal professionals who are passionate about your situation, and this is why our injury attorneys are here to help.
With the hefty costs associated with NEC treatment, many families cannot afford even the legal fees necessary to retain the services of an attorney. This is a colossal obstacle hindering many families from claiming compensation for the damages incurred by the defective baby formula. Fortunately, money should not be a barrier to obtaining justice in terms of financial reimbursement for the harm caused to an infant.
Find a Profound Product Liability Attorney Near Me
The challenges your family has undergone because of the NEC condition are not something you can forget or let go of, even if you do not have the legal fees to face the baby formula manufacturers. Nonetheless, partnering with Consumer Alert Now means that our legal team will be available to hold the product manufacturers accountable for their actions or inactions causing harm. Additionally, suing formula makers will allow you to recover financial damages incurred from paying the financial obligation accrued from necrotizing enterocolitis. If you want help from a product liability professional, call 800-511-0747 for a free consultation.
