Babies born prematurely need extra attention and nutrition to attain maximum growth. Since most premature babies have underdeveloped organs and may lack the skill required to suckle, they are generally supplemented with baby formula. When you feed your child on the formula, you expect the formulas to be safe and beneficial. Unfortunately, this may not always be the case. Similac and Enfamil are directly linked to necrotizing enterocolitis.
NEC is a severe gastrointestinal condition that can cause serious injuries or even death of the baby. Parents of premature babies are filing lawsuits against manufacturers of Enfamil and Similac. These lawsuits are based on the claim that the manufacturers failed to adequately warn that these formulas could lead to severe cases of NEC. If your baby was diagnosed with NEC after being fed on Similac or Enfamil, you might be eligible to join a mass tort against the products.
The link between Baby Formula and NEC
Baby formula is used to supplement premature babies and help them grow. Unfortunately, studies have shown that some of these formulas are causing the babies more harm than good. Infant formulas have been linked to the crippling disease known as necrotizing enterocolitis. Premature babies fed on the infant formula are more likely to develop the condition than breastfed.
Two of the most common baby formula producers face lawsuits for negligence and failure to warn consumers of the dangers associated with their products.
Diagnosis and Treatment of NEC
NEC is a severe gastrointestinal condition common in premature babies. Although the exact cause of this condition is not known, research has linked it to the use of Cow’s milk-based infant formula. NEC causes inflammation of the intestines and can cause holes in the intestine wall in extreme cases. The perforation causes bacteria from the intestines to leak into the abdominal cavity resulting in a more severe infection.
Some of the symptoms associated with necrotizing enterocolitis include:
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Swelling of the stomach
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Blood in the infant's stool
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Tiredness
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Change in temperature, breathing partners, and blood pressure of the infant
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Loss of weight
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Stomach pain
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Vomiting
The above symptoms of necrotizing enterocolitis often appear in the first two weeks of life. Since NEC is associated with preterm babies, especially those with low birth weight, it is common for doctors to monitor the babies constantly. However, not all symptoms will be apparent. This is because premature babies are delicate and are more likely to develop medical complications.
Therefore, further x-rays will be required to determine the exact damage of the baby's intestines. Also, the doctor may need to check out for signs of retained fluid in the abdomen. This may signify perforation in the intestine, causing fluid leakage. Necrotizing enterocolitis varies in severity and treatment, depending on the baby's overall health and age. Often babies under twenty-eight weeks are more likely to suffer severe effects of the condition. This is because their intestines are thinner and more likely to be damaged.
The most common forms of treatment for NEC includeblood transfusion, antibiotics, IV fluids, and surgery. These treatments may cost up to tens of thousands of dollars. If your infant developed NEC after consuming baby formula, you might be able to recover the compensation you need to pay for these bills.
Basis of the Baby Formula Lawsuits
Unfortunately, baby formula companies are often in the news for the wrong reasons. Baby formula products are carefully marketed, safe, and beneficial for the child's growth and development. Sometimes, we could expect companies to portray themselves as caring and exaggerate their benefits. However, when the products are toxic and harmful to the health of the infants, this could result in significant issues.
The current legal claims aim to ensure that the infant formula produced and marketed to the public is safe for infants. Also, it aims at ensuring that the manufacturers of these toxic formulas are held liable for their actions and pay the appropriate compensation to parents whose babies suffered injury or death.
Similac is manufactured and sold by Abbott Laboratories Inc., while Enfamil is a product of the Mead Johnson Nutrition Company. As alleged in the lawsuits against their baby formula, both Mead and Abbott knew about the increased risk of NEC associated with their products. Despite knowing this, they intentionally failed to include a clear warning on the label. Changing a baby formula label warning is not complicated under the United States Food, Drug, and Cosmetic Act. Therefore, there would be no justification for not including it.
Faced witty the growing scientific proof that their formulas increased the risk of NEC in premature babies by ten times, Abbott and Mead continued to market their products to unsuspecting parents. The manufacturers of Similac and Enfamil had a duty to research the baby formula adequately and properly disclose the potential health risks. Since they breached their duty of care towards the parents and premature babies, they could be held accountable for the resulting injuries or deaths.
Status of Baby Formula Lawsuits
Baby formula lawsuits alleging the risk of NEC from these products are at their early stages. Mass tort attorneys are calling upon parents of children who have suffered from this condition after consuming Similac or Enfamil to come forwards. However, some cases have already been filed. This includes a wrongful death lawsuit filed against both Abbott Laboratories and Mead Johnson by the parents of Daniel, Hernandez who died a few days after birth in 2019.
The wrongful death lawsuit lists a series of failures on the manufacturers ranging from negligence to false misrepresentation. Although Abbott laborites attempted to dismiss the claim, the federal court rejected these attempts.
Steps in the Baby Formula Lawsuit Evaluation
If you wish to pursue the lawsuit against Similac or Enfamil for Injuries or death of your baby from NEC, you can follow the following procedure:
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Complete a case evaluation form. In the evaluation form, you will provide your contact details and details regarding your baby's Similac or Enfamil NEC lawsuit. It is always advisable that you keep all the containers and boxes of the baby formula since it can act as a critical piece of evidence in your claim. Also, any records from the hospital indicating the type of formula with which your child was fed is crucial.
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Seek legal expertise. Pursuing a claim against large companies like Abbott and Mead Laboratories can be a challenging experience. Therefore, it would be wise to proceed with guidance from a competent attorney. When you contact Consumer Alert now, we can link you with the best lawyers to guide you. Your attorney will help you understand your eligibility for the claim and determine the potential financial compensation you could receive.
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Decide if you want to proceed with the lawsuit. After speaking with a NEW lawsuit attorney to review your options, you will decide to proceed with the claim against the manufacturers of the toxic baby formula.
As part of the Enfamil and Similac lawsuit evaluation, your attorney will review the facts surrounding your baby's formula consumption. Also, the resulting NEC diagnosis, injuries, complications, and any other developmental delays that the child suffered to determine whether you have a successful case. If you move forward with the claim, a medical authorization must be signed to determine whether the NEC diagnosis resulted from the infant formula.
Has the Baby Formula Linked to Necrotizing Enterocolitis Been Recalled?
Regardless of the numerous risks of NEC that have been linked to Similac and Enfamil, these cow's milk-based formulas have not been recalled. Several issues have been addressed on these products, including contamination and worms in the baby formula cans. The manufacturers or the food drug association have not addressed the issue regarding Necrotizing enterocolitis. However, doctors are warning parents of premature babies against using these products.
Mass Tort against Similac and Enfamil
Mass tort lawsuits are being filed against Abbott and Mead Johnson for putting premature infants at risk of harm and failing to warn parents of the dangers associated with their infant formulas. If your family was affected by this product, you could join the mass tort ad to recover your deserved compensation.
Join a Mass Tort Near Me
Infant formula is made to mimic human milk. Therefore, when a premature baby feeds on infant formula, parents and doctors expect the child's positive growth and development. However, research has shown that these products are not always safe. Similac and Enfamil are some of the most commonly used infant formula milk brands associated with NEC, a severe gastric condition.
If your child suffered from Necrotizing enterocolitis after feeding Similac or Enfamil in the NICU or at home, you could join the large group of parents suing the manufacturers of this product. Pursuing a lawsuit is particularly challenging when dealing with your child's illness. Therefore, expert guidance is necessary.
At Consumer Alert Now, we will help you understand NEC and its link to the Cows milk-based infant formulas. Also, we can link you up with experienced attorneys to help you pursue a lawsuit or join a mass tort for Similac and Enfamil baby formulas. Contact us today at 800-511-0747 to discuss your situation.
