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Regan Zambri Long is currently accepting cases of families whose premature babies developed necrotizing enterocolitis (NEC) after being fed a cow’s milk-based formula. Our NEC baby formula attorneys are bringing lawsuits against the manufacturers for failing to warn parents about the risk of their baby developing NEC after consumption of their formulas and fortifiers.
Call our compassionate product liability attorneys at 202-960-4596 today for a free case review concerning a potential baby formula lawsuit. Families affected by this issue have the right to seek justice, and our team is committed to assisting in any way possible.
If your baby suffered NEC, contact Regan Zambri Long today to learn more about the lawsuit and how we can help you and your family.
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The lawsuits claim premature infants have developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based baby formula. Many preterm babies are not able to breastfeed and are given baby formula instead. According to recent medical research, cow’s milk-based infant formulas such as Similac and Enfamil can increase the risk of NEC in premature babies. The lawsuit alleges that the makers of these formulas knew about the potential link between cow’s milk-based baby formulas and the deadly risk of NEC in premature babies but did not warn parents and prescribing physicians.
As of September 2024, 571 lawsuits had been filed throughout the U.S. Some cases are grouped in multidistrict litigation (MDL) to speed up and streamline the legal process.
Most recently, two multimillion-dollar verdicts against the manufacturer’s negligence have been reached in Illinois and Missouri. As these cases progress, updates on settlements, trial dates, and outcomes are expected.
The lawsuits are also not related to the nationwide formula shortage in 2022. As of September 2024, Similac and Enfamil have not issued recalls on their cow’s milk products involved in NEC litigation.
Most product liability claims involve issues in design or manufacturing. However, victims of defective products can also sue for failure to warn. A failure to warn lawsuit does not suggest that the product does not work, but rather that they were not fully informed of its risks. As a result of the dangers not being disclosed, the consumer was injured.
Given the extensive research about cow’s milk-based formulas for premature infants, Abbott Nutrition and Mead Johnson & Company should have been aware of the risks involved for certain at-risk groups consuming these products. These risks should have been clearly stated on the product packaging.
Your claim may also fall under breach of warranty, negligence, or dangerous and defective products. A baby formula lawyer from Regan Zambri Law can review your case and help you determine the best path forward.
There is a common misconception that the Food and Drug Administration (FDA) approves baby formula. However, the agency does not. Instead, the FDA reviews formulas and similar products to ensure they meet the federal nutrition and labeling requirements.
However, specialty formulas may be exempt from specific nutrition labeling and nutrient specifications due to their composition and intended use to address particular conditions.
While cases right now are targeting the manufacturers of Similac and Enfamil, theoretically, the medical professional who prescribed the cow’s-milk formula to the premature infant could be held liable should the baby contract NEC if the doctor did not warn the parents of the risks of using the formula.
Your baby formula lawyer will explain your options for filing a suit for negligence.
Who Qualifies for the Lawsuit?
Any parent or caregiver of a premature baby who had developed NEC after consuming cow’s milk-based formula may qualify for the lawsuit. The baby may have consumed the formula while still in the hospital or was given the formula once the parent brought their baby home.
Please keep a detailed record of when you purchased or gave your baby formula. Further, if you were given no choice in the hospital over the type of formula you provided your baby, secure the medical records that detail your child’s hospital stay. This may help with your case.
Regan Zambri Long is investigating cases of NEC caused by a baby formula manufactured by Abbott Nutrition or Mead Johnson & Company. The following is a list of products that use cow’s milk:
While this is a list of all the products that use cow’s milk, those involved in the lawsuit are currently only available in hospital settings or prescribed to infants for home use.
Since many of these cases are still in litigation, it’s difficult to determine how much your case may be worth. It depends on the severity of your baby’s injuries and the losses you may have suffered. Families may receive money for medical costs, surgeries, long-term care, and rehabilitation. They may also be compensated for pain and suffering, emotional distress, and loss of quality of life. Compensation can be higher in cases of wrongful death. These lawsuits aim to hold formula makers accountable and support families dealing with the impact of NEC.
Further, you may have the option to participate in a class action lawsuit against the manufacturer.
To determine how much your case may be worth, you must speak with a personal injury lawyer immediately.
Necrotizing enterocolitis (NEC) is a gastrointestinal problem that mainly affects premature babies. NEC occurs when the intestinal tissue becomes inflamed, causing the tissue to die and form a hole. Bacteria may then leak through the hole into the abdomen or bloodstream. There are four types of NEC:
NEC typically occurs within two to six weeks after birth, depending on the type and cause of the condition. It can happen suddenly in babies who seem to be doing well following birth. However, there are common signs of NEC, such as:
Pre-term infants are more likely to have a compromised immune system and lack a robust digestive system, impacting their ability to fight infection.
In addition to signs of NEC, your child’s physician may order tests to diagnose the condition, including:
Secure copies of these test results for your medical records should you move forward with a lawsuit for your child’s diagnosis, as this will be critical in establishing the timeline of when the formula was given and how soon after your child became ill.
The Dangers of Necrotizing Enterocolitis
According to the Cleveland Clinic, eight out of 10 babies survive the condition, but some of the babies will have lifelong health problems. An infant with NEC may develop other complications such as abdominal infections, narrowing or damaging the intestines, short bowel (short gut) syndrome, and complications in growth or developmental delays.
The Cleveland Clinic states that 1 in 4 babies will require surgery to repair the hole and remove any dead intestinal tissue. However, mild cases can be managed without surgery by stopping feedings, giving fluids through an IV, and using antibiotics.
Given the studies about cow-milk formula and fortifiers, the American Academy of Pediatrics has also encouraged parents to heed warnings about the risks of using cow-milk-based formulas and fortifiers for preterm or low birth weight infants.
To learn more about a potential NEC baby formula lawsuit, Regan Zambri Long is ready to hear your case. To file a NEC baby formula lawsuit:
Contact us today to schedule a free consultation.
