Similac-related lawsuits have been filed across the nation claiming that the famous bovine milk-derived infant formula has made most premature babies suffer from a severe gastrointestinal infection known as NEC (necrotizing enterocolitis). Many product liability lawyers are currently investigating possible Similac suits against the product maker, Abbott Laboratories, for not cautioning about the dangers of NEC linked to Similac. Complainants whose lawsuits become successful may recover substantial financial damages.
The Shannon Hall Lawsuit (Shannon Hall et al. v. Abbott Laboratories, 1:22-cv-00071)
On 5th January 2022, Shannon Hall filed a Similac lawsuit in Illinois on her behalf and behalf of her son's estate. In this lawsuit, Shannon alleges that Similac infant formula led to her son’s passing away because he developed NEC. The suit wants the makers of the bovine milk-derived formula to assume responsibility for neglecting to warn consumers about the dangers their products might pose in premature infants. Shannon's son, Eli Hall, succumbed to NEC after drinking Similac baby formula while still at the hospital’s NICU (neonatal intensive care unit).
Eli was a premature baby. He was born on 27th November 2019, and Shannon managed to pump her breast milk to feed his son for his nutrition. The NICU also supplemented Shannon's breast milk with donor milk whenever necessary to give baby Eli. But in December, NICU started feeding baby Eli human milk fortifiers, which they added to donor milk and Shannon's breast milk. Additionally, they fed baby Eli Similac Special Care 30 calorie formula every three or four hours, which made up approximately half of baby Eli's diet by Jan 2020.
Per the complaint, on 6th January, Eli became pale and tachycardic, with bloating and abdominal distension, raising various concerns across the involved pediatric surgeons that he might have NEC. NEC is a severe intestinal disorder experienced when the intestinal wall is attacked by bacteria, resulting in catastrophic injuries and bowel destruction.
The following day, Shannon's son was scheduled to undergo laparotomy surgery after the pediatrician diagnosed him with Stage 3 NEC. But the laparotomy surgery was terminated due to baby Eli's fragile state. Consequently, baby Eli sadly succumbed to NEC on 7th January 2020.
The lawsuit alleges that by the time the hospital pronounced him dead, Eli's parents had not known that the bovine milk-derived product (Similac) he was fed considerably contributed to or caused him to develop NEC and eventually his demise.
Hall's wrongful death suit mentions three primary causes of actions against Similac manufacturers based on the theories of failure to warn and defective design. Like all NEC formula suits, the major liability theory rests on Similac manufacturers’ refusal to put any kind of warming tag or label on their products concerning NEC risks in preterm infants.
Studies have indicated that products derived from bovine milk formulas, such as Enfamil and Similac cause necrotizing enterocolitis at considerably higher rates compared to what is experienced among premature infants fed donor milk or breast milk alone. But Shannon maintains that Similac manufacturers, Abbott Laboratories, neglected to provide sufficient instructions or warnings concerning the risk.
Hall's suit states that the companies that make these formulas often deliberately misrepresent and mislabel the products' contents to the health care fraternity and the general public, passing off the dangerous formulas as something superior or similar to a mother's breast milk. Sadly, a premature baby Eli Hall fed on these bovine milk-derived products, developed necrotizing enterocolitis, and succumbed shortly after.
In the complaint, Shannon, a North Carolina resident, terms her baby's demise avoidable and tragic, reiterating that several studies have associated infant formula derived from bovine milk with an increased NEC risk.
In a research study published in November 2021, researchers from Canada cautioned that babies born underweight and premature babies fed bovine-derived formulas were thrice more likely to develop NEC and be taken to a NICU compared to those fed on donor milk.
Other research findings published in a medical journal in October 2021 found that human breast milk is the standard measure for the dietary supplement at infancy, with bioactive and antimicrobial factors which assisted in preventing necrotizing enterocolitis.
Abbott Still Fails to Warn Despite Available Proof
Despite knowing about this scientific proof, About Laboratories has still not included a warning tag on their products warning parents and physicians about the growing NEC risk linked to Similac and preterm babies.
Abbott laboratories have a lawful obligation to caution about known dangers and risks linked to their products as a product manufacturer. It is alleged that Abbot intentionally failed to place any warnings concerning NEC on their product labeling for Similac to avoid any adverse impact on Similac’s marketability.
Hall's lawsuit is among an increasing number of Enfamil and Similac lawsuits filed by other complainants countrywide. Each of these lawsuits raises similar factual accusations and claims, showing that the manufacturers' marketing caused these products to replace human breast milk, which babies would have fed on, denying them a major defense against necrotizing enterocolitis. The lawsuits are still in the earliest stages. None of them have proceeded to trial or settled yet, making it quite tricky to foretell their possible settlement value. The plaintiffs seek to recover damages for medical bills, pain & suffering, mental anguish, emotional distress, loss of enjoyment of life, lost wages, wrongful death damages, and other losses they incurred due to their babies developing NEC after feeding on Similac.
Find an Experienced Similac Lawsuit Attorney Near Me
At Consumer Alert Now, we are actively helping parents all over the country whose preterm babies fed on Similac or any other bovine milk-derived formula and later developed NEC file lawsuits or join existing mass torts. If you reach out to us with your case, we will evaluate it and determine whether you qualify for a mass tort. We will help you link up with an experienced product liability lawyer who will help you join a mass tort and fight to recover the damages you deserve. Our primary duty is to inform the public about any dangerous products in the market and their effects and to help consumers obtain justice if those products have harmed them in any way. Call us at 800-511-0747 to share your case and learn more about how we can help you.