Nec Baby Formula Lawsuit

Many parents turn to baby formula as a way to provide extra nourishment to premature and low-weight babies. Some parents fully rely on formula if the mother has had trouble nursing and is not able to provide their child with adequate breast milk. When parents turn to baby formula, they deserve access to formula that is guaranteed to be safe for their newborns.

Unfortunately, some formulas have recently been shown to be unsafe for consumption. High calorie, bovine milk-based baby formula products sold by Similac and Enfamil have been linked to necrotizing enterocolitis, or NEC, a deadly illness that can cause inflammation and necrosis (tissue death) in the intestines.

Similac is manufactured by Abbott Laboratories, while Mead Johnson & Company manufactures Enfamil. Neither manufacturer disclosed the possible risks associated with consuming their products on the product labels.

The baby formula NEC lawsuits allege that newborns who consumed Enfamil and Similac baby formula products later developed NEC and other gastrointestinal conditions, including gut rot and dead bowel. The lawsuits claim that the manufacturers of Similac and Enfamil failed to warn parents of the dangers their cow’s milk-based products posed to newborns.

If you purchased Similac or Enfamil baby formula products for your newborn and your newborn later developed NEC or other gastrointestinal issues, then you could qualify for a baby formula NEC lawsuit and be entitled to recover compensation for financial and non-financial damages that resulted from your infant’s condition.

What is NEC?

Necrotizing enterocolitis (NEC) is a gastrointestinal condition primarily observed in premature newborns. It involves inflammation in the intestinal tissue, leading to tissue death. The inflammation associated with NEC can also result in the formation of perforations or holes in the intestinal tract, which allows bacteria to leak into the abdominal cavity. Among premature newborns, NEC is the most prevalent type of gastrointestinal condition, affecting approximately 1 in every 2,000-4,000 infants.

NEC primarily affects infants who are born with a weight of less than 4.5 pounds. These infants constitute the majority of NEC cases. The onset of NEC typically occurs rapidly, usually within a few weeks after birth. Newborns are particularly susceptible to developing NEC due to the underdeveloped state of their intestines and bowels at the early stages of life.

Symptoms of NEC in newborns include:

Abdominal pain and swelling
Alterations in heart rate and blood pressure
Fluctuations in body temperature
Changes in breathing patterns
Diarrhea
Bloody stools
Green or yellow vomit
Refusal to eat
Lethargy

NEC can also cause other health conditions to develop, including:

Sepsis
Peritonitis
Short bowel syndrome
Intestinal strictures
Intestinal blockage
Scarring in the intestinal tract
Malabsorption in the intestines

While certain cases of necrotizing enterocolitis (NEC) can be managed with medication, severe cases often necessitate surgical intervention. However, surgery poses significant risks, particularly for premature babies due to their underdeveloped bodies. Surgical procedures can potentially lead to permanent injuries in newborns. In some instances, infants may lose a substantial portion of their intestinal tract, requiring a bowel transplant to sustain their lives. It is crucial to consider the potential dangers and complications associated with surgery, particularly in the context of the fragile health condition of premature infants affected by NEC.

You may qualify to file a baby formula NEC lawsuit if you fit the following criteria:

Your child was born prematurely
The child’s mother did not provide breast milk
Your child consumed formula or milk fortifier prior to their diagnosis
Your child has been diagnosed with NEC, gut rot, or dead bowel

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Frequently Asked Questions

What is Mass Tort Action?

Simply put, when a lawsuit involves multiple plaintiffs against one or more defendants, it is known as a mass tort action. In other words, a mass tort is civil litigation that consists of a single accidental or intentional action that causes many people to sustain injuries. The biggest benefit of joining a mass tort claim is that it increases your chances of recovering damages from entities such as product and pharmaceutical manufacturers. Mass tort actions are different from class actions because each plaintiff’s case will be reviewed individually.

Common Type of Mass Tort Action

Since a significant number of mass tort cases involve some form of negligence, the main categories are as follows.

Medical Device Injuries. Per regulations set by the Food and Drug Administration (FDA), for an instrument, apparatus, or machine to be considered a medical device, it must aid in diagnosing, preventing, treating, or curing a disease or affecting the structure or function of the body. But sometimes, manufacturers create defective products that fall below the industry standard and cause patients to sustain serious injuries and even death. The types of injuries caused by defective medical devices include heart attack, organ loss, allergic reactions, permanent disability, chronic pain, tissue or bone damage, infections, and stroke.
Prescription Drug Injuries. When the FDA approves a drug, it means that the benefits outweigh every known and potential risk. And even though pharmaceutical companies go through the rigorous testing and approval processes set by the FDA’s Center for Drug Evaluation and Research (CDER), some of the drugs end up being dangerous and carry devastating health consequences for the intended population. When this happens, they are removed from the market and the pharmaceutical company will likely be held liable. With the help of our defective drug attorneys, a claim can also be filed against the medical practitioner if they prescribed the drug incorrectly.
Product Liability Injuries. According to statistics by the Consumer Product Safety Commission (CPSC), many people suffer injuries or lose their lives each year from using or bringing dangerous or defective products into their homes. Some of the common products that threaten the lives and wellbeing of consumers include contaminated food, defective electronic devices, malfunctioning car parts, and dangerous toys for kids. In a mass tort action litigation, the parties that can be held liable for product liability injuries include the product manufacturer, the manufacturer of the raw materials or parts, the marketing parties, the wholesaler, and the retailer that put the product in the hands of the consumer.

How Long Does a Mass Tort Action Take?

Due to the nature of mass tort cases, they are of course more complex than standard personal injury claims. Also, since they typically involve massive payouts to the plaintiffs, they can and often do take years before both parties arrive at a resolution.

Factors That May Impact the Timeline and Slow Down Settlement

Below, you will find a few reasons why your mass tort claim may take longer.

Locating potential plaintiffs: lawyers typically use mass media or social media to reach those affected by the defendant’s negligence. So, it may take longer to get everyone together.
Seeking expert witnesses: depending on the details of the case, your lawyer may seek out and depose experts in specific fields to add validity to your claims. Such experts may include doctors, scientists, marketers, and pharmaceutical companies.
Extensive investigation: unlike class action cases, the plaintiffs in mass tort cases are treated as individuals. So, the lawyers have to investigate each person’s claims, collect all relevant evidence, as well as establish the facts, needs, and damages.
Procedures: legal processes such as filing initial papers, additional investigation, discovery, motions, settlement negotiations, collection of settlements, and appeals can also impact the timeline and slow down resolution.

To expedite your case and allow it to proceed efficiently, mass tort lawyers advise plaintiffs to:

File the case as soon as possible—ideally within the state’s statute of limitations (SOL)
Be completely transparent and disclose all information relating to their experiences from the beginning
Adhere to all legal advice
Be available and establish an open line of communication