Recent research has emerged showing a relationship/link between baby formulas and a life-threatening condition (NEC) on preterm babies. Necrotizing Enterocolitis is a severe condition that might even result in the death of your child. That’s why many parents are filing similar lawsuits against the product manufacturers(Abbott Laboratories).
Therefore if your baby developed NEC after receiving baby formula products while at the hospital, you are required to file a lawsuit and obtain compensation. However, you need to work closely with a skilled attorney.
At Consumer Alert Now, we are here to help you. We will explain the whole process involved in filing similar lawsuits. We offer a free consultation to our clients. Do not hesitate to call us as soon as possible.
Why Are Many People Filling Similac Lawsuits?
Many parents are recently filing a similar lawsuit against the product manufacturers(Abbott Laboratories), for they know their products lead to NEC conditions in infants. The manufacturers have failed to warn people about the danger associated with their products. NEC is a condition that leads to the death of the child's intestines tissues. Again the condition causes inflammation and holds to the infant's intestines. The bacteria from the intestine can spread into the abdomen and cause severe illness and dangerous blood infections.
In 1990, research showed the NEC condition was ten times more common in preterm babies using formula products. Since then, other studies have proved cow-based milk increases the chances of developing NEC IN infants. The following are the common brands of baby formula mentioned in the recent lawsuits:
- Similac Neosure
- Similac special care 30
- Similac special care
- Invacare powder
- Similac alimentum
- Similac human-based milk fortifier
- Similac special care 24
- Similac special care high protein
Who Can File a Baby Formula Lawsuit?
Not everyone is eligible to file for a baby formula lawsuit. Only the parents had their babies diagnosed with NEC conditions after using similar products. Sometimes you might not know whether the nurses and doctors at the hospital have fed your child with baby formula products. Therefore if you doubt, you need to seek legal advice from an attorney to assist you in finding out the potential cause of NEC in your child.
Ensure you take note of the hospital. Also, record the location of the hospital where your child received similar products. You could also feed your child with the Similac products when unaware. Many attorneys encourage you to keep the receipt after making any purchase or keep the boxes showing the formula evidence.
What is the Deadline for Filing a Similac Lawsuit?
Every state comes up with a different deadline to file a similar lawsuit in America. It is commonly referred to as a state of limitation. The states put a time limit to file a lawsuit to recover your financial settlement for the losses and damages encountered. Filing for the lawsuit after the deadline day will hinder you from compensating for the sustained damages and losses.
Contact a baby formula attorney immediately when you find your child suffered death or injuries from similar products after being diagnosed with NEC. The attorney will help you know whether you qualify for the benefits and the possible amount of money to receive.
The Recent Studies About Baby Formula
In 2019, an independent organization that researches health issues through clinical trials researched preterm infants baby formulas against breast based milk—the trial involved around 1871 babies. The research concluded that feeding a low weight or preterm baby using baby formulas doubled the potential risks of developing NEC.
These researches have resulted in numerous lawsuits being filed against the Abbot laboratories for their failure to warn about their products. It's important to note the FDA has the responsibility to approve baby formulas before being marketed to the general public.
Who Should Be Sued in a Baby Formula Lawsuit
The manufacturers of similar products (Abbott Laboratories) have failed to warn medical experts and parents that their products can cause possible risks for NEC and death in preterm infants. The recent lawsuits filed by parents against Similac product manufacturers alleged that they should know their products pose the potential risk of unreasonable and serious danger to preterm babies.
Contact a baby formula attorney when you think or strongly believe your child suffered NEC conditions after feeding baby formula products. Our attorneys will review your case, conduct thorough investigations and start filling a lawsuit right away.
The Relationship Between Similac Products and Necrotizing Enterocolitis in Preterm Babies
Similar products produced by Abbott Laboratories are among the US's common types of baby formulas. Just like other baby formulas, these products are prepared from cow-based milk. Recent medical studies have concluded that cow-based milk formulas like Similac are harmful to the health of infants as it results in a condition known as NEC. The condition is greatly aggressive and leads to decay child's intestinal walls.
The Status of Similac Lawsuits
The litigation for Similac NEC products is at its early stages. The new lawsuits are being filed by different parents across the country daily. The lawsuits are filed against the product manufacturers (Abbott Laboratories) for their negligence in failing to warn people about their products.
As the lawsuits keep growing, it's more likely they will be handled as a class action.
Has Abbott Laboratories Warned About Similac Products
Similac is a trading name for Abbott formula products. It sells to give premature infants, infants and full-term infants dietary nutrition. Several similar products are sold by retailers, while most are found in hospitals. Abbott laboratories are aware of the NEC issues arising from consuming similar products.
Abbot has refused to warn people about their products and premature babies despite the awareness. Every Similac formula claim will focus on Abbot's negligence to warn consumers. As a baby formula product manufacturer, Abbott Laboratories has a lawful obligation to warn people about these products' dangers and potential risks. It is Abbot's choice to fail to warn people about their products.
What Do You Expect From Similac Lawsuit Settlements?
As mentioned above, NEC lawsuits are at the early stages. No, the baby formula claim has gone to trial or settled so far. So, it has been not easy to discover the possible value in the settlement. Our attorneys, however, look at settlement and verdicts in recent malpractice lawsuits where the initial injury resulted from NEC in preterm infants.
The average settlement or verdict in the last recent medical malpractice our attorneys have handled in preterm babies was approximately $3.5 Million. The medium money awarded for the 7 NEC clams was around $3.5 Million.
Therefore our baby formula attorneys think the settlement value for these cases will be higher since Abbott Laboratories is a great company making mistakes from its similar products. So the company is less sympathetic than nurses and doctors.
The settlement amount of the likely class action lawsuit will be invariably lower than the trial amount. Remember, there is yet a lot of information to be uncovered. Our competent attorneys believe the settlement for similar lawsuits will be between $30,000 and $800,000. But the case will also vary based on the nature of the injuries sustained by the baby.
The Potential Legal Defense in NEC
Abbott's lawyer understands that you do not want Similac baby Products to find their way to court. Abbott will argue that the federal law permits Similac products under the Infant formula act 20.U.S.C.S350a. The infant formula Act (IFA) regulates the manufacturing of the baby formula and even its labeling. The IFA also requires all the baby products to review before being sold. The company claims that IFA preempts the tort claim in the lawsuit since it would be impossible to comply with both federal and state needs. Abbott will argue that preemption law assumes the Similac was designed defensively. The company asserts that the products went through the IFA approval and FDA review. The review involves considering whether cow milk is a safe ingredient for baby formula.
Abbott will also contend the failure to warn on the risk of Similac is covered by the learned intermediary doctrine. The company has no obligation to warn parents. Under the learned intermediary rule, the child doctor should warn the parents. The argument may be valid since some of the Similac products can be found in hospitals.
Contact A Class Action Attorney Near Me
When your preterm infant dies or suffers injuries because of NEC due to infant formulas, you need legal help from an aggressive attorney. The manufacturers of these products(Abbott Laboratories)have several competent attorneys ready to fight for their company. That’s why you require a skilled attorney to help you file a lawsuit.
At Consumer Alert Now, we are here to help you. We understand the pain you are undergoing through a painful situation. We will listen to your case, carry out investigations to determine whether your child died or suffered injuries because of similar products and help you receive fair compensation. Call us at 800-511-0747 as soon as possible.
