When a baby is born into this world, that moment is flooded with feelings of intense happiness and excitement for the baby's parents and family. However, when a child is born prematurely (preemie), the happy moment may be marred by anxiety, panic, and worry about the infant's wellbeing.
Preemies may have difficulty nursing or require additional nutrition to attend to a variety of medical complications that affect them, including low blood sugar levels, weight loss, dehydration, jaundice, and more. During this extremely sensitive period, and quite often on the advice of doctors, new parents might resort to infant formulas to boost their premature infant's nutrition.
Administering baby formula to preemies while they are in the hospital ought to be a safe alternative that does not expose them to further risks or problems. However, Enfamil and Similac, two of the world's largest manufacturers of infant formula, make cow's milk-based infant formulas specifically for premature infants. Yet, baby formula lawsuits claim that Enfamil and Similac infant formulas put premature babies at high risk for developing NEC, a serious medical condition.
If you suspect your baby has necrotizing enterocolitis after being given a cow-milk infant formula, a lawyer can assist you in filing a claim. You could be eligible to collect damages for hospital bills and other losses incurred as a result of your baby's injuries or death.
An Overview of Similac and Enfamil Infant Formula Lawsuits
Parents are currently taking legal action against Enfamil and Similac manufacturers Mead and Abbott, alleging that they were aware or should have been aware that their infant formulas could induce NEC in preterm babies. The manufacturers did not alert parents or medical practitioners about the risks that their products posed.
NEC is a severe gastrointestinal illness that results in the death of the intestines and can be deadly in up to 50% of sufferers. It triggers intestinal inflammation, which can lead to intestinal perforations. This causes bacteria from the intestines to leak into the gut or bloodstream, resulting in severe infection or even death. According to infant formula lawsuits, many research studies have associated cow's milk-based infant formula with a higher occurrence of NEC in preemies.
As alleged by the parents who have sued the manufacturers claim the formulas have no indications warning that NEC could be a side effect of the infant formulas and have failed to give sufficient directions or regulations for their usage. Additionally, it's been claimed that the manufacturers disregarded well-established medical evidence linking cow's milk-based baby formulas to NEC. They went ahead with marketing their infant formulas as better than safer options like human breast milk.
Parents in these lawsuits are also suing for significant monetary losses as well as emotional pain as a result of their child's injuries or, in some cases, death. If your preterm baby suffered from necrotizing enterocolitis after he or she was fed Enfamil or Similac infant formula products, you could be eligible to sue the manufacturers.
What's the Connection Between Baby Formula and NEC?
When a baby is born at or below 37 weeks of pregnancy, the child is called a premature baby. These babies are usually at high risk for immediate and long-term health problems since their organ systems are not fully developed when they are born. They could suffer from respiratory, heart, digestive, and immunological illnesses and deficiencies.
Since they're not big or strong enough when they are born, most premature newborns are not able to properly breastfeed. They often require extra nutrition to maintain proper development and growth as well as to guarantee their survival. To satisfy this need, doctors mostly recommend infant formula, most of which is made from cow's milk.
Similac and Enfamil are the two most popular baby formula brands that claim to be beneficial and safe for premature infants. Preemies and low-birth-weight newborns in the neonatal intensive care unit (NICU) or hospital are often provided with these infant formulas to boost their nutrition requirements.
Although the origin of NEC is unknown, medical practitioners believe that premature infants who are fed Similac and Enfamil baby formulas have a higher chance of suffering from NEC, which can lead to significant injuries, long-term health issues, or even death.
It's alleged that when infants digest cow's milk baby formula, it damages the walls of the baby's intestines, causing death to the cells and possibly leading to perforations in the lining of the intestines. In the intestines, healthy cells in the organ's "lumen" take in and convey nutrients to the entire body by the circulation of blood.
The bonds between the cells prevent bacteria and pathogens from spreading throughout the human body while enabling nutrients to move freely. Consuming cow's milk products has been thought to induce a collapse of these bonds, allowing bacteria to infiltrate the lining of the intestines and trigger an inflammatory reaction that could result in intestinal rupture, extensive infection (sepsis), or death.
According to research, premature infants with exceptionally low weights who've been provided cow's milk-based baby formulas or fortifier supplements have a higher likelihood of developing necrotizing enterocolitis than those who've been strictly fed breast milk.
Breast milk is the most well-known food for all newborn children because it contains all of the nutritional requirements as well as enzymes that protect newborns from illnesses, promote healthy organ growth, and has numerous long-term health benefits. Premature infants might be provided with breast milk through the infant's mouth, stomach, or nose when breastfeeding isn't possible. Also, breast milk from a donor could be utilized as a replacement when the mother's milk supply is insufficient for her child's nourishment.
Which Baby Formulas are Implicated In These Lawsuits?
Lawyers are seeking information from anyone whose child got necrotizing enterocolitis after being given the following cow's milk-based Enfamil or Similac formulas. The list is by no means exhaustive.
- Enfacare Powder by Mead Johnson
- Similac Special Care manufactured by Abbott Laboratories
- Similac Neosure manufactured by Abbott Laboratories
- Enfamil Human Milk Fortifier by Mead Johnson
- Similac Human Milk Fortifier by Abbott Laboratories
- Similac Alimentum by Abbott Laboratories
What is Involved in Pursuing a Baby Formula Lawsuit?
Parents whose premature baby was confirmed to have necrotizing enterocolitis after they were fed Similac or Enfamil may be able to pursue an infant formula case for damages.
Before filing a case, your lawyer will have to gather evidence to substantiate your allegation that the Enfamil or Similac infant formula or any other fortifier product caused your child's NEC. You might be required to bring hospital records, receipts, proof of payment, or any other documentation, as well as respond to queries about how your baby's death or injury has affected your life.
The formulas could have been given to your infant while at the hospital. If you're uncertain, your attorney might be able to assist you. Make sure to include the hospital's name as well as its location. You could have also given them the baby formulas after he or she was discharged from the hospital.
When the attorney has obtained sufficient evidence, they will prepare a "petition," which is a formal document that details any injuries you have sustained, the damages you are claiming, and also why the manufacturer or manufacturers you're taking legal action against should be found liable for the injuries or death. Your case could claim that the manufacturers:
- Produced baby formulas that were not safe for consumption when utilized as directed
- Did not add cautions on the labels of the products concerning the risks of administering cow's milk formulas to preterm infants
- Did not provide parents with enough information on the integrity of breast milk as well as the hazards of cow's milk formulas to help them make informed decisions
- Declined to give clear guidelines about how to administer the formulas to reduce the risks of developing NEC
- Did not alert physicians and healthcare professionals about the consequences of administering cow's milk-based baby formulas to preterm babies
- When the concerns were established, the companies failed to update their formulas
- Did not stop the usage of their formula by premature newborns
- Lied about how safe their newborn formulas were
- Did not warn doctors as well as healthcare professionals that the infant formulas are not required for the development and nutritional requirements of premature newborns
After the lawsuit has been filed, your lawyer will work with the lawyers defending the accused—in other words, the manufacturers being sued—as well as the court to try to find a solution. This procedure might include sharing documents, holding depositions, submitting motions and briefs, as well as other documentation with the court, working with specialists, executing subpoenas, or attending court proceedings. The lawsuit could go to a jury trial if the parties' counsel cannot reach an agreement and the court doesn't dismiss the charges.
Find a Similac or Enfamil Infant Formula Mass Tort Near Me
If your baby has been injured or died as a result of developing necrotizing enterocolitis after being fed Similac or Enfamil, Consumer Alert Now is here to help. We're here during this difficult time to help you get the best legal counsel you require to join a mass tort against negligent baby product manufacturers. Call us today at 800-511-0747 to learn more about the Enfamil and Similac infant formula lawsuits and how you can get the compensation you deserve.
