Your Baby Developed NEC—And You’re Searching for Answers
A diagnosis of necrotizing enterocolitis (NEC) can leave families searching for answers. Many parents are only now learning about the NEC baby formula lawsuit and the allegations involving the Enfamil and Similac manufacturers as they try to understand what may have contributed to their child’s illness. If your child was diagnosed with NEC after being fed certain infant formula products, understanding your options is an important next step. Contact Rueb Stoller Daniel today for a free consultation at 1-866-CALL-RSD. A lawyer from our firm can explain your legal options and determine whether your family may be eligible to pursue an NEC baby formula lawsuit.
Research Has Raised Important Questions About Formula and NEC
Necrotizing enterocolitis (NEC) is a serious intestinal condition that primarily affects premature and low-birth-weight infants. As scientific research has evolved, studies examining the use of certain cow’s milk-based formulas have become a central focus of the NEC baby formula lawsuit involving the Enfamil and Similac manufacturers. These findings have led many families to explore whether they may have grounds to pursue a lawsuit.
Key issues at the center of the litigation include:
- Research examining a possible association between cow’s milk-based infant formula and an increased risk of NEC in premature infants.
- Allegations involving the Enfamil and Similac manufacturers and whether potential risks were adequately disclosed.
- The role of medical studies, neonatal care practices, and expert testimony in evaluating these claims.
- Why scientific evidence has become a key foundation for the ongoing NEC baby formula lawsuit.
Because every family’s circumstances are different, these studies do not determine the outcome of an individual case. A lawyer can review your child’s medical history and explain how the evidence relates to your family’s potential lawsuit.
NEC Infant Formula Lawsuit Plaintiffs Claim the Manufacturers Knew the Risks
The mass tort lawyers handling the claims against Abbott and Mead Johnson are claiming that the manufacturers knew their product was dangerous. Yet they not only failed to warn customers of the dangers, but they also encouraged parents to feed it to their newborn children.
The problem the plaintiffs’ attorneys have with the defendants is that they misled customers in two significant ways.
- They told customers that cow milk was healthier for premature infants than breast milk.
- They also failed to tell consumers that their product increased their babies’ risk of contracting NEC.
The Claim Is That Abbott Labs and Mead Johnson Sold a Product That Causes NEC
The primary allegation being made against the formula manufacturers is that their product makes premature babies sick. Experts have found a link between cow’s milk and a condition called NEC.
NEC, or necrotizing enterocolitis, is a condition that affects a baby’s small and large intestines. The inner linings of the intestines are damaged. Eventually, this can create a hole in the intestines.
The bacteria then escape through the hole and spread infection throughout the baby’s body. At the same time, the intestines themselves start to slowly die. This makes it nearly impossible for the baby to eat properly and absorb the nutrients they need to stay healthy.
The Defendants Deny That They Have Done Anything Wrong
One of the reasons an NEC baby formula lawsuit has not settled is that the defendants insist that their product is safe. They also insist that they didn’t mislead their customers.
It will be interesting how this turns out. One of the arguments some of the mass tort lawyers are making is that the manufacturers misled consumers by saying that bovine milk is better for premature infants than breast milk.
At the same time, there is considerable evidence that formula with cow’s milk is no more likely than breast milk to cause NEC. It may come down to a matter of whether the manufacturers, Abbott Laboratories and Mead Johnson Nutrition Company, should have warned their customers about the dangers of NEC.
What Are the Symptoms of Necrotizing Enterocolitis?
If you’re worried that your infant may be suffering from necrotizing enterocolitis (NEC), there are things to look out for. If you notice any of these symptoms, you need to take your child to the emergency room immediately.
- Bloody stool
- Discoloration of the abdomen
- Poor eating
- Swelling or bloating of the abdomen
- Difficulty breathing
- Vomiting
These are other signs that an infant may have NEC. Just keep in mind that if your child has not been fed either of the formulas, then you will not be able to file a baby formula lawsuit.
Are There Treatments for NEC?
While there are possible treatments for NEC, they are not always successful. Sadly, many of the 112 plaintiffs in an NEC infant formula lawsuit lost their babies as a result of feeding them Enfamil or Similac.
Some of the possible treatments for this condition include:
- Surgery to cut out the damaged portions of the baby’s small and large intestines.
- IV feeding to infuse the baby with essential nutrients, vitamins, and antibiotics.
- Antibiotics alone.
One of the problems with NEC is that it causes damage rather quickly. This means that you need to get your baby treated right away. Even if they can treat their NEC, they could still suffer long-term gastrointestinal issues.
What Does Your Mass Tort Lawyer Need to Prove?
In all mass tort cases, your attorney will have to prove you suffered some type of damages. Sadly, many of the plaintiffs in an NEC infant formula lawsuit lost their babies. In other cases, affected infants had to undergo dangerous surgery. In either case, your mass tort lawyers will have to prove fault.
The law doesn’t require that you prove intent in an NEC baby formula lawsuit. However, you will need to prove negligence. In most of the cases filed against Abbott Laboratories and Mead Johnson Nutrition Company, the claims involve a failure to warn.
Your Mass Tort Lawyer Must Prove Four Specific Things
If the defendants were aware of the dangers of cow milk in infant formula, they had no right to market or sell their products. To prove your case, your mass tort lawyer will have to prove four (4) things.
- Your baby was less than 34 weeks old when they were born.
- They were fed Enfamil or Similac formula.
- They were diagnosed with NEC.
- They either passed away or required surgical intervention.
If you can prove these things, you should have no problem filing an NEC baby formula lawsuit.
Contact an Experienced Mass Tort Lawyer Today
If your baby became sick and was diagnosed with necrotizing enterocolitis, you may have a claim for damages. So far, 122 cases have been filed against Abbott Laboratories and Mead Johnson Nutrition Company. The best way to know for sure is to contact an experienced mass tort lawyer from Rueb Stoller Daniel right away.
While it may be some time before the NEC baby formula lawsuit settles, there is a good indication that it will. The evidence against the defendants is strong. As the number of plaintiffs increases, so will the pressure to settle.
Contact us today so we can schedule your free initial consultation at 1-866-CALL-RSD.
