Neocate is an amino acid-based formula designed for children who do not tolerate multiple plant foods, cow milk, and other types of proteins due to short bowel syndrome, malabsorption, and other gastrointestinal problems. The formula prevents allergic reactions because the amino acids are easily absorbed and digested in your child’s body; hence allergic reactions are not triggered. Neocate is best used by individuals who are the ages of 12 years and below.
It is produced by Danone Nutricia, a company that deals with the manufacturing of medical foods for metabolic conditions, allergies, and gastrointestinal disorders. There are, though, some health issues related to Neocate consumption in recent years. The risks are related to skeletal health and bone development. The reason being, Neocate consumption leads to nutritional deficiencies that affect your child's growth and development. The risks can cause long-term consequences that will affect your child for the rest of their lives.
If your child and those of other parents get injured by Neocate consumption, you have legal rights to file a lawsuit against Danone Nutricia. Your cases will be consolidated so that they will be handled as a single case. However, the amount you will be compensated for depends on each case's nature through a multidistrict litigation procedure. To get a fair share of compensation, you need a qualified attorney to help you through the legal process. At Consumer Alert Now, we are knowledgeable about the multidistrict litigation procedure that will help you determine the steps to follow to file a lawsuit against the manufacturer. Therefore, you will increase your chances of getting compensation for all the costs and expenses you will have incurred to have your child treated.
What’s a Multidistrict Litigation (MDL)?
It is a special procedure used to solve similar non-criminal issues with different levels of injuries caused by a single product. The purpose of multidistrict litigation is to help you save time and money you would have spent if you individually file the case. MDL also makes good use of the resources hence efficiency in the economy. It means there will only be one judge to handle the case other than having many of them handling similar cases against a defendant. Multidistrict litigation makes the ruling consistent other than handling different rulings for the same type of claims. The judge usually makes a single ruling that applies to all the plaintiffs. During the trial, there is one judge who will manage the litigation and have your case settled. If the case does not settle during multidistrict litigation, it will be sent back to the court for trial.
To have your case settled, the United States judicial panel dealing with multidistrict litigation decides when your case and that of other plaintiffs will be consolidated into multidistrict litigation. The MDL panel is appointed by the Chief Justice of the Supreme Court. If the panel finds it necessary to have your case settled through an MDL, it will be transferred from the court where you initially filed the lawsuit. The panel will take it to a federal district court to be tried as a single case. The tag-along cases will then be transferred once the MDL has been formed. During the MDL, the judge will preside over the motion and the settlement conferences. The judge may dismiss some of the claims or may decide to have the entire case dismissed. If he or she sees a necessity to have a trial, you will have your case taken back to the original court where the trial will take place.
There are some pros and cons for the multidistrict litigation proceedings to both the defendant and the plaintiff. An advantage to the defendant’s especially corporate defendants is that it is usually easier for them to defend themselves in a single hearing. There will be no inconsistency in the plaintiffs' evidence. For you, as the plaintiff, you will use little resources to have your case settled, and the attorneys involved will work hand in hand to ensure that you get compensated for your child’s injuries.
However, having the case consolidated as multidistrict litigation may prompt other plaintiffs to file a lawsuit for the same if they have been affected the same way by the same product. That may lead to the defendant spending a lot in terms of compensation if you win in the case.
Problems Associated with Neocate
Research has shown that Neocate is not safe for children because it does not have phosphorus nutrients that can easily be absorbed in your child’s body. It resulted in a deficiency in nutrients for your child, hence poor growth and development. When the phosphorus levels go down, the skeletal system is compromised, and your child’s body becomes vulnerable to fractures. Therefore, your child is at risk of suffering from severe illnesses or other injuries such as rickets.
The company always proved that the Neocate formula is nutritionally complete and could deny parents' complaints that their children are suffering. They would say that it was the medical caregivers' fault because they did not give parents proper directives on using the formula. Later, Action was taken by the company where it revealed some dangers associated with Neocate consumption. Therefore it meant that Danone Nutricia could accept any liability in case of any injury caused to children.
Long -Term Effects Caused by Neocate Consumption
It is the responsibility of the Danone Nutricia Company to produce safe products for their consumers. They produce Neocate to provide a safe and nutritious formula to allergic infants. The product, though, is associated with injuries to many children who have consumed the formulation. The children who consumed Neocate showed increased phosphate levels while others were diagnosed with hypophosphatemia, where those diagnosed with hypophosphatemia showed the risk of developing rickets. Therefore, Neocate causes injuries to infants in different ways.
Neocate causes rickets – Rickets cause weakening and softening of infants' bones caused by low phosphate levels. The weakening and softening may cause diseases. Low phosphate levels also cause improper development, pains in the legs, spines, and pelvis leading to weakened muscles and slowed growth. Therefore your child will suffer from deformities like protruding breast bones, thickened ankles, and wrists, causing bowed legs.
Lead to hypophosphatemia – Hypophosphatemia is a condition where your child has abnormal levels of low phosphate. Phosphate is essential in the development of your child in terms of cell growth and bone development. If your child is diagnosed with hypophosphatemia, they are likely to suffer from muscle weakness, abnormal teeth development, breathing problems, and low weight. Hypophosphatemia causes fragility, improper development, and pain in their bodies.
Bone Fractures – Due to low phosphate levels in your child’s body, he or she is likely to suffer bone fractures; thus, your child will complain of too much pain, will not put weight, and will always cry if he or she is unable to talk.
Who is Responsible for Your Child's Injuries?
There have been complaints that Danone Nutricia has failed to do thorough research on the safety of Neocate, and as a result, many parents have had their children suffer a lot. Danone Nutricia notifies patients to be cautious when consuming Neocate and should ensure that their children receive care. Therefore, it means that the company is aware that its product can cause harm to infants. Any manufacturing company that produces products that can cause harm to humans should take responsibility when it comes to compensation for the victims. Therefore, Danone Nutricia is supposed to take responsibility for your child’s injuries that result from consuming Neocate.
Why You Should File a Lawsuit against Danone Nutricia
Despite having suitable nutritional needs for your child, Neocate is associated with risks of broken bone and poor growth and development for your child. One of the risks associated with the consumption of Neocate is hypophosphatemia, a condition that leads to rickets or bone fractures. Neocate causes low phosphate levels to your child, which is an essential mineral for your child's bone development. Although the deficiency can be corrected by switching to a different formula, there are other cases where your child will require a surgical operation to have their bones develop normally. Filing a lawsuit against the manufacturer will help you and other parents whose children have sustained injuries due to Neocate consumption receive compensation.
The manufacturing company should compensate you for all the medical expenses, medications, therapy, and any other formula that the specialist will approve of having your child in a good health condition. You will also receive compensation for the pain and suffering caused to you and other parents with similar claims.
Neocate Side Effects
According to Danone Nutricia, some common side effects may result from the consumption of Neocate. They include:
- A decrease in bowel movement frequency
- A change in the consistency of your child’s stool
- Fussiness and increased flatulence
- A change in color for your child’s bowel movement
What to Do If Your Child is affected by Neocate?
If you find out that your child is suffering due to Neocate consumption, you should:
Seek Immediate Medical Attention to Have Your Child's Bone Checked
Bones problems develop slowly, and seeking medical attention will help the specialist identify the kind of injury your child will suffer because the symptoms will have developed.
Many specialists recommend other supplementations like vitamin D and calcium if your child shows a sign of rickets development. The supplementation will only be recommended if your child is not feeding on your breastmilk for nutrition.
Consult Your Specialist about Alternatives to Neocate and Weaning
Other alternatives can be used to have your baby’s bones to develop strong and healthy. When you notice that your child is suffering due to the use of Neocate, you should ask your doctor to guide you in the best alternative for your child.
Contact Your Attorney
If your child has not suffered severe injuries from Neocate consumption, he or she is likely to get well over time and with proper medication. On the other hand, if the injuries caused to your child are severe, you have a right to receive fair compensation for the same from the manufacturer, Danone Nutricia. The manufacturer is supposed to compensate you for the medical expenses, lost wages, and any other loss, expense, or cost incurred from the use of Neocate. Your attorney will help you and other parents file a lawsuit against the manufacturer and help fight for your rights as parents to receive the compensation.
File a lawsuit
Filing a lawsuit will result in meaning compensation for all the expenses you will have incurred to have your child treated. To have your babies’ injuries compensated, you will be required to have the cases consolidated and tried as one in a federal court. The case will be settled to enable you to get fair compensation depending on the severity of the injuries sustained by your child. The best way to have the case tried is by forming multidistrict litigation where each plaintiff retains their attorney to defend the case and get fair compensation.
Compensation to be received from Danone Nutricia
The injuries your child may suffer from consuming Neocate may be the same as that of other parents, but the severity of the injuries may differ. Therefore, you will receive compensation based on the severity of your child’s injuries and the total expenses incurred to have your child treated. Your attorney will fight for you to receive compensation for:
- Pain and suffering
- Transport costs incurred for the entire recovery process
- Medical expenses
- Any other related costs
Characteristics of a Multidistrict Litigation
Cases consolidated as multidistrict litigation have a commonality in that:
- There is a commonality in the question of fact
- Each case has its attorney to defend on behalf of the plaintiff
- Each case undergoes the trial procedure; the discovery, pleadings, and pre-trial hearing
- Each of the cases presented goes to trial on its merits
- Each plaintiff gets compensated depending on the nature of the case
Factor Considered before Filing a Multidistrict Litigation Lawsuit
There are several lawsuits you and other parents can file in a court of law to have you compensated for your child's injuries and sufferings. When your children are affected by the consumption of Neocate, you can have the lawsuit filed together since the injuries are a commonality in your cases. When there are many of you with similar interests, it is better to have your case filed as multidistrict litigation in a federal court. The MDL will help build a strong defense against the manufacturer and have your cases settled together. Your cases will be tried together, but each individual will get compensation depending on the severity of the injuries sustained by your children. An MDL lawsuit process is complicated and requires a specialized attorney to guide you on the proper step to receive the compensation.
In a multidistrict litigation procedure, few cases are tried and used to determine the other victims' fate. Representatives are selected to represent the absent members. To have your case and that of other parents filed, there are several elements that the court will determine to approve the lawsuit. They are:
Adequacy of the Claims
The representatives to appear before the court should prove that all the others have a common interest in the lawsuit regarding compensation. The representatives should also explain the reason as to why they decided to have the cases filed as multidistrict litigation instead of personal injury, where each parent files their cases individually. You should have the cases filed together to build a strong defense against the manufacturer, have similar cases settled similarly.
Typical Nature of Your Cases
After you and other parents file your case, the judge will go through them and decide if there are similar allegations filed by all the members against Danone Nutricia. If the judge decides to have your cases tried as a single case, you will be required to choose representatives to represent all other members in the hearing with an attorney's help. The cases will then be transferred to a federal court and tried as multidistrict litigation.
The Common Nature of Your Cases
The cases' commonality means that the allegations filed by each of the plaintiffs should be similar, meaning that the injuries caused to your child should be as a result of a single product. The commonality elements should also show the similarity, like your children's injuries and that the injuries were caused in the same way by a single product. In that way, the judge will approve the multidistrict litigation lawsuit.
The Numerous Nature of the Cases
The judge will determine the number of children who have been affected by Neocate, how similar the cases are, and the geographic distribution of the cases. Multidistrict litigation will be approved if the judge finds out there are many whose children have been affected by the formula, and if also you are from different geographic backgrounds. The easily contacted members will represent the rest in a court of law, and the other cases will be tried as tag-along cases.
Factors Affecting the Time Taken to Have the Multidistrict Litigation Settlement
The settlement of cases handled as multidistrict litigation may take time, depending on some factors.
The Need to Collect Evidence
A multidistrict litigation settlement may take months to be settled as the parties gather information to help them win the case. The investigation process may take longer than expected, making the settlement period long. The reason being, there are different parties involved in the lawsuit, and strong evidence has to be presented for your case to be successful. On the other hand, the liable party also needs to collect their information that proves that they are not liable for your child’s injuries and that they shouldn’t be the ones to compensate you.
The Need to Contact the Experts
Different people can provide important information about Neocate and the manufacturer. These are specialists who know the effects of consumables and can explain a step by step process of how Neocate can cause injuries to children.
Need to Travel
Since multidistrict litigation involves many people with similar charges against a defendant, contacting all the members may be difficult. Your attorney will need to contact each of them, analyze their situations, and consolidate the information. Therefore, your attorney will move to places to meet the plaintiffs to have their part of their story, a process that may take longer.
Conflict of Interest
The severity of injuries caused to the children may be different, and each parent will expect to receive a share that compensates for the severity of the injuries. The judge will determine if the amount compensated to each of you is fair, though not at all times that you receive what you expect.
There may also be their factors that contributed to the injuries and not Neocate alone. In that case, it may be challenging to determine that other factor. The reason being, children react differently, and somebody's conditions may lead to your child suffering injuries, and for the liable party to get the real cause may be challenging and time-consuming.
If your child suffers future injuries due to the same formula, it will be challenging to receive the same compensation. Therefore you will have to cater to the expenses to have your baby treated since the case is already settled.
Finally, the liable party may disagree with the amount to give to the victims if one or more defendants are involved. The reason being, it may be the fault of the other party that the children were injured, but because the parties are related in a way, one will hesitate to give the necessary compensation to you.
Find an Mass Tort Attorney Near Me
Neocate is a formulation meant to help individuals below the age of 12 with their allergic reactions. However, it can lead to severe illnesses, which may lead to poor development for your child. As a result, you are eligible for the manufacturer's compensation if your baby and other parents are affected by the formula. At Consumer Alert Now, we have helped clients receive compensation through a multidistrict litigation procedure depending on their cases' nature. Our experts will help you and other parents cover losses, expenses, and sufferings for your child by defending your cases and increasing the chances of winning the case. Feel free to contact us at 800-511-0747 and have your case settled.