As adored as a premature baby is, they often come with possible health complications when you bring one into this world. One of these health complications is a severe need for extra nutrition to boost their health and address various medical needs, including low blood sugar, weight loss, jaundice, and dehydration.

Generally, medical experts at AAP (American Academy of Pediatrics) recommend human breast milk as the ideal and best nutrition for premature babies and infants. However, sometimes this is not always possible, especially when your baby is in the Neonatal Intensive Care Unit (NICU).

In that situation, many doctors recommend using a cow's milk-based baby formula like Similac to supplement what their mother cannot offer. Although some infants tolerate baby formula well, a premature baby could be at risk of developing a life-threatening infection known as Necrotizing Enterocolitis (NEC).

If your baby has developed this infection after exclusively feeding on a cow's milk-based baby formula, you could have a viable lawsuit against the maker of this product. Read this article to know your legal options and how much you can recover from this lawsuit.

Reasons Why a Premature Infant Needs to Feed Differently

As mentioned above, when a baby is born prematurely, they often come with possible health issues. One of these health issues is an undeveloped digestive system, affecting its ability to feed breast milk from its mother directly. In contrast to a baby born at the ripe age of nine months, a premature baby will often lack the necessary strength to breastfeed from their mother.

That is why premature babies need extra attention and nutrition to accelerate their growth and development because they are typically born smaller. When your baby comes to this world prematurely, doctors or physicians will recommend special nutrition to enable them to catch up with growth and reach the deserved viable size.

If your baby cannot breastfeed, a doctor may recommend pumped breast milk or special milk-based baby formula at the early stages of their lives before they can feed solid food. However, because of the risks explained below, this baby formula should not be a cow's milk-based product.

What is NEC?

NEC, typically pronounced as "neck," is a progressive and aggressive bacterial infection that occurs in the gastrointestinal system of newborns, particularly premature babies and babies weighing less than 3 ½ pounds. Typically, NEC develops when a newborn's large intestine is attacked by bacteria, leading to inflammation and severe tissue damage.

Perforations can also occur on the infected intestine, causing the bacteria to leak out into the abdomen. When this happens, surgery will be necessary to remove the dead tissues and fix these perforations immediately. If left untreated, the infection will spread and eventually cause a deadly bloodstream infection known as sepsis.

Even if your baby survives after NEC treatment, they could experience severe chronic health consequences due to the infection, for example:

  • Intestinal strictures
  • Growth failure
  • Short term bowel syndrome

Doctors have not determined the exact root cause of NEC in infants. However, research studies have identified a relationship between cow's milk-based baby formulas and babies who develop this deadly intestinal infection.

Factors That Puts a Baby at Risk of NEC

As mentioned earlier, some babies are at more risk of developing NEC than others. Below are factors that put some babies at risk of NEC than others:

  • Low weight at birth
  • Ethnicity
  • Cesarean section
  • Premature birth
  • Other infections

When a baby is born prematurely, a doctor should consider the above factors when deciding whether or not they can feed on a cow's milk-based baby formula as a substitute for the required human breast milk.

The Connection Between a Cow's Milk-Based Baby Formula and NEC in Premature Babies

If your child cannot breastfeed, the doctor could recommend a cow's milk-based baby formula to act as a substitute for human breast milk. Although a cow's milk can give a baby the nutrients it needs to grow, it puts a premature baby at risk of developing NEC because its gut is not mature.

Additionally, the bacterial content in a cow's milk is different from that of a human breast milk formula or product. The problem with cow's milk-based baby formula is that its bacterial content can interfere with the intestines of a premature baby leading to inflammation.

Because a baby's intestines are vulnerable, this bacteria could cause severe permanent damage to the affected section of the intestine. Sadly, doctors and hospitals are still feeding these products to premature babies in the NICU despite these risks associated with cow's milk on premature or preterm babies.

If your baby is diagnosed with NEC after feeding on a cow's milk-based baby formula, you could have a viable compensation claim against the maker of that particular product. Using these baby formula products in NICU is profitable for Abbott Laboratories and Mead Johnson. These companies are the makers of the most popular cow's milk-based baby formula products in the market.

To know how you can hold them accountable for your baby’s injury and losses associated with their current and possible future treatment needs, you should contact an attorney to review your case.

NEC Symptoms and Treatment

If your baby is feeding on a cow's milk-based formula and you notice any of the following NEC symptoms, you should consult a doctor immediately:

  • Discolored vomit
  • Bloody stools
  • Swelling around the stomach area
  • High fever
  • Difficulties in feeding
  • Lethargy

Because NEC symptoms mirror several other health issues, diagnosing NEC in infants is often problematic. The doctor can use X-ray or blood samples to rule whether or not there are inherent deadly health issues because NEC treatment can be invasive.

Typically, if your baby is diagnosed with NEC, the type of treatment the doctor will recommend will depend on the seriousness of the infection. To treat NEC, the doctor will first stop all oral feedings or foods, and the infant will feed via an intravenous tube (catheter) henceforth.

Usually, in most non-severe cases, the doctor will treat this infection using antibiotics. Depending on the seriousness of thIs bacterial infection, the baby could need a mechanically-assisted oxygen supplier during the treatment.

If your baby's case is severe or unresponsive to medical treatment, surgery will be necessary to remove the infection and fix the infected tissues. It is worth noting that this infection is progressive and active, meaning it requires immediate medical attention.

If your baby is not already at the NICU under the care of doctors, you should be vigilant to notice early NEC symptoms, particularly if they are exclusively feeding on a cow's milk. Even after NEC treatment, your baby might be at risk of developing long term health complications, such as:

  • Cerebral palsy
  • Blindness
  • Sepsis
  • Short bowel syndrome

That is why you should consider seeking the compensation you deserve if your baby is diagnosed with NEC after feeding on a cow's milk-based formula at home or while at the NICU. Doing so means filing a civil lawsuit against the manufacturer of the cow's milk-based baby formula your newborn was feeding before they were diagnosed with this fatal intestinal infection.

Status of Cow's Milk-Based Baby Formula Lawsuits

If your premature baby is diagnosed with NEC after exclusively feeding on a cow's milk-based formula at home or while at the NICU, you might have a viable claim against the formula maker. Currently, several families have filed product liability lawsuits against these giant companies that manufacture these defective baby formula products. These companies include:

  • Abbott Laboratories, which make Similac cow's milk-based baby formula
  • Mead Johnson, which manufactures Enfamil cow's milk-based baby formula

Undoubtedly, these two companies control about 40 percent of cow's milk-based baby products currently in the market. NEC baby formula lawsuits that are already in court against these giant corporations are alleging that:

  • Cow's milk-based baby formula product increases the likelihood of a premature baby developing NEC
  • The manufacturers of these baby formula products are aware that their products present a potential NEC risk in preterm babies. Nonetheless, they are still marketing and selling these products to unsuspicious healthcare providers and parents.
  • The makers of these products bear strict product liability for failing to add a warning label on their products to warn mothers about the potential NEC risks on premature babies. If each bottle of these baby formula products warned about the NEC risks on premature babies, parents would make witty decisions on what to feed their babies

These product liability lawsuits are currently ongoing individually in different courthouses across the country, but they are likely to consolidate into a Multi-District Litigation (MDL) in the future. An MDL is typically a civil lawsuit involving several plaintiffs with similar complaints against the same defendant.

The primary purpose of consolidating these NEC baby formula lawsuits into an MDL is to save resources and encourage global settlement.

NEC baby formula lawsuits are ongoing, meaning no plaintiff has received a settlement yet as of December 2021. If you believe your baby's injury or death was due to NEC after exclusively feeding on cow's milk-based baby formula, you should contact an attorney to review your case.

Remember, like any other personal injury case, time is of the essence if you plan to file a product liability lawsuit against the maker of the product your baby was feeding before being diagnosed with the infection.

The Monetary Value in NEC Baby Formula Lawsuit

It is natural to want to know the possible financial compensation you could receive in your NEC baby formula lawsuit because your baby has already suffered a lot at a young age and could continue doing so for years. The damages you will receive in the NEC baby formula lawsuit will typically depend on:

  • Your child's unique damages
  • The jury or the judge that will make the verdict on the case

Generally, determining the exact monetary figure you will receive on your unique case is challenging because this litigation is new in the legal justice system. However, your attorney can check past settlement and judgment in medical malpractice lawsuits where the primary injury was NEC infection on preterm babies to speculate your unique case's potential settlement.

Babies who develop NEC respond differently to the infection. The consistent issue among these babies is that the infection could be fatal. However, the extent of medical care each baby will receive will depend on the seriousness of your unique case.

Generally, in NEC baby formula lawsuits that are already in court so far, premature babies have either died or experienced a life-long injury due to NEC infection. A baby succumbed to death four (4) months after developing the infection in one of these cases.

The length of period your child survives and continues to experience pain after developing NEC will influence your potential compensation award in the NEC baby formula lawsuit. Generally, the more severe your baby's case will be, the larger amount of compensation your family will receive because your baby could need more medical attention or develop long-term health complications.

Even when your child recuperates fully from the infection, you still have an entitlement to financial damages for:

  • Medical expenses that you had to pay to the hospital for their treatment
  • The suffering and pain your child had to endure before recuperating from the infection

Types of Possible Damages in NEC Baby Formula Lawsuit

Although it is currently challenging to put a dollar figure on the amount of compensation you could receive in your NEC baby formula lawsuit, most plaintiffs anticipate damages for the following types of losses:

Medical Care Costs

Plaintiffs who settle or win their NEC baby formula lawsuits want full compensation for all expenses related to the ongoing and possible future medical care their baby could need.

Pain and Suffering

Plaintiffs in NEC baby formula lawsuits also want damages for the suffering and pain their babies had to endure due to NEC-related injuries. The compensation they could receive for pain and suffering after settlement or when they win the lawsuit will cover the following:

  • Loss of enjoyment in life
  • Anxiety
  • Anger
  • Emotional distress
  • Fear
  • Other negative mental and physical effects of the infection

Lost Income or Lost Earning Capacity

Undoubtedly, if your baby is sick, you will do anything for them, even if it means taking time off work. If you had to take a break from your work or job to look after your sick baby, you could also request damages for the lost income during that period.

Your NEC baby formula lawsuit can also result in an award of financial damages for future lost earnings if your child has a permanent NEC injury.

Loss of Consortium

In this product liability lawsuit, it is also possible to recover damages for the intangible benefits your injured or sick baby provides to the family, for example, affection, care, and nurturing. This type of compensation would be available in this lawsuit, especially if your baby has a permanent long-term NEC-related injury.

Wrongful Death Benefits in a Product Liability Lawsuit

If your baby succumbed to death after developing NEC, the court could also award you wrongful death benefits or damages for the following types of losses:

  • Your baby's funeral and burial costs
  • Your baby's medical treatment costs before their death
  • The pain and suffering your baby had to endure before their demise
  • Potential income your child could have earned in their lifetime
  • Your family's trauma and grief for the unexpected death of your baby

A Medical Malpractice Lawsuit for an NEC-Related Injury on an Infant

Another way parents of babies diagnosed with NEC can seek compensation is by filing medical malpractice lawsuits against the doctors that recommended a cow's milk-based formula as a healthy diet for their baby.

With many years of research about the dangers of a cow's milk-based formula on newborns, these doctors should already beware of the risks of these products on premature babies. Instead of filing a product liability lawsuit against the manufacturer of these products, parents initially sued doctors for medical malpractice.

Several healthcare providers have lost these lawsuits, and parents have recovered millions as compensation for their babies' NEC-related injury and other losses associated with the injury. Generally, your product liability lawsuit could be worth hundreds of thousands if everything goes well on the case at trial.

Ensure you have a skilled attorney in your corner to stand a chance of winning the utmost compensation that you deserve on this lawsuit.

How an Attorney Will Value Your Unique Case's Lawsuit

It is a bit early to know whether the manufacturers of these milk-based baby formulas will be subject to the same judgment when they lose this lawsuit at trial. However, there is a reasonable suspicion that the first judgment against the Enfamil or Similac formula manufacturers could be larger than medical malpractice lawsuit judgments.

Generally, judges like to hammer these companies in most cases where they are liable, and babies were severely injured. Because of the increased chances of a significant judgment at trial, most of these companies are likely to informally settle the NEC baby formula lawsuits against them to keep these cases out of the court.

If this case heads this direction, these manufacturers could award each NEC case a settlement amounting to up to $1,000,000. However, the average compensation or settlement offer will depend:

  • The number of NEC baby formula lawsuits filed against them
  • Past jury judgments (whether or not defendants lost Enfamil and Similac lawsuits)

To stand a chance of achieving maximum compensation for the injuries your newborn has suffered due to cow's milk-based baby formulas like Similac and Enfamil, you should hire a product liability attorney.

How Do I Find a Reliable Product Liability Attorney?

Undoubtedly, the key to achieving utmost compensation on your NEC baby formula lawsuit will depend on your attorney's skills. Explained below are a few tips that can guide you during your hunt for a reliable attorney:

Consider the Attorney's Experience

Look for an attorney with significant experience representing clients with similar product liability claims and have helped them achieve maximum compensation. Because laws keep changing, you would not want to risk your case in the hands of an amateur attorney.

Take time to find an attorney who understands the ins and outs of the legal justice system and how jurors treat these types of product liability cases to increase your chance of attaining a favorable outcome.

Consider the Attorney's Reputation

An attorney with outstanding and credible services will have their reputation precede them. To know whether or not your prospective attorney is reputable, you should check their past client reviews on their social media platforms and websites.

If you notice a trend of negative comments about their services, you should consider that as a sign of unreliability and look for a different attorney.

Consider the Payment Options the Attorney Offers You

Before you sign any papers with your prospective product liability attorney, you should know the payment options they have in place. A reliable attorney will charge you on a contingency fee basis, meaning you will not pay them until they win your case.

If your prospective attorney requires upfront payment for the services you have not yet received, you should consider that as a red flag and find another attorney.

Find a Product Liability Attorney Near Me

If your baby is battling NEC infection after drinking a milk-based baby formula, you should seek the services of an attorney as soon as you can to know your legal options. You could receive millions as damages for your baby's injuries and other financial losses associated with this deadly intestinal infection.

However, you have to submit an NEC baby formula lawsuit against the makers of these defective milk-based baby formula products. That is where experienced and credible product liability attorneys at Consumer Alert Now step in to offer you the persistent legal representation you need to achieve maximum compensation in your case.

Call us at 800-511-0747 wherever you are in the country as soon as your newborn is diagnosed with NEC after feeding a milk-based baby formula to join an MDL against these giant manufacturers.