The health and well-being of our children is a top priority for parents, and when it comes to feeding our babies, we trust that the products we choose are safe and reliable. Unfortunately, there have been instances where baby formula has been linked to necrotizing enterocolitis (NEC), a serious health complication that can lead to infections, intestinal blockage, and even death.
If your child has been diagnosed with NEC as a result of consuming baby formula, you deserve justice. Families across the United States are now filing lawsuits against Abbott Laboratories and Mead Johnson, manufacturers of the baby formula brands Similac and Enfamil.
At Estey & Bomberger, LLP, we have a proven track record of success in handling complex product liability cases, including those involving defective baby products. Our NEC baby formula lawsuit attorneys will fight to hold the manufacturer accountable and secure the compensation that your child deserves.
Why Choose the Attorneys at Estey & Bomberger, LLP?
- Our firm specializes in cases involving dangerous and defective products. Our product liability attorneys have recovered millions of dollars on behalf of our clients, and will advocate aggressively for your right to recovery.
- We strive to provide compassionate and personalized representation. Our attorneys will take the time to listen to your story, answer your questions, and guide you through the legal process.
- Our firm accepts cases on a contingency fee basis to limit your out-of-pocket expenses. If we do not recover a settlement on your behalf, you will not be charged any legal fees.
The Dangers of Cow’s Milk in Baby Formula
While cow’s milk is a common and widely consumed beverage for adults, it can pose significant risks to infants. Cow’s milk is difficult for babies to digest and can put strain on their digestive systems, especially for infants who were born prematurely. Drinking cow’s milk can lead to serious health issues, including NEC.
NEC occurs when the intestinal tissue becomes inflamed and begins to die off. This condition primarily affects premature babies. The exact cause of NEC is still unknown, but several risk factors have been identified, including the consumption of formulas that contain cow’s milk.
Despite these dangerous risks, manufacturers of the popular baby formula brands Similac and Enfamil have failed to warn parents about the presence of cow’s milk in their products.
Signs and Symptoms of Necrotizing Enterocolitis
NEC is a life-threatening condition that requires immediate medical attention. If your child shows any of the following symptoms, go to the hospital right away:
- Abdominal distension or swelling
- Green or yellow vomit
- Bloody stools
- Diarrhea or constipation
- Poor feeding or lack of interest in feeding
- Lethargy or decreased activity
- An unstable body temperature
- Lack of weight gain
- Changes in heart rate or blood pressure
- Unstable breathing
Justice for Families of Babies Diagnosed with NEC
An NEC diagnosis can lead to serious physical pain, emotional suffering, and financial hardships. Abbott Laboratories and Mead Johnson deserve to be held liable for the harm that they have caused children and their families. That is why families are pursuing legal action against these entities and recovering compensation for:
- Past and future medical expenses related to the infant’s NEC
- The physical pain and emotional suffering endured by the child and his or her family
- Disability accommodations, rehabilitation expenses, and other costs associated with the NEC
Holding the manufacturers of baby formula accountable for their negligence not only helps families recover damages for their losses, but it also sends a message that the safety and well-being of our children should be the highest priority.
If you believe that you qualify for an NEC baby formula lawsuit, schedule a free consultation with an attorney who can assess your child’s case, identify your legal options, and help you take your first steps toward justice.
How Is NEC Treated?
The treatment of NEC often involves a multidisciplinary approach, including medical interventions and surgical procedures. In mild cases, your child may receive antibiotics and intravenous fluids to allow the intestines to heal. However, in severe cases, your child may require surgery so that damaged portions of the intestine can be removed.
Early intervention is essential for NEC treatment. As the intestinal tissue dies off, holes can form in the intestines, and bacteria can enter the abdominal cavity. This can lead to serious infections like sepsis or peritonitis, which can be life-threatening.
Unfortunately, many infants with NEC die from the condition. Those who survive may develop complications that can affect the rest of their lives, such as short bowel syndrome and liver problems.
How to Prove an NEC Baby Formula Lawsuit
The impact of an NEC diagnosis can be devastating. By filing a product liability lawsuit against the formula manufacturer, you can seek justice for your child and recover compensation for the damages that he or she suffered.
To secure a settlement, however, you will need to establish that four facts or elements are true:
- Your Child Was Diagnosed with NEC: First, you must show that your child was diagnosed with NEC and suffered harm. Medical records documenting the official diagnosis of NEC by a qualified healthcare professional can help establish this element.
- The Baby Formula Is Defective: Next, you need to show that the baby formula is defective in some way. There is significant evidence that can establish the impact of cow’s milk on underdeveloped digestive systems. Your attorney can find medical and product experts who can testify on your behalf and gather scientific research to prove this element.
- The Baby Formula Caused Your Child’s NEC: You need to show a clear, causal connection between the baby formula and your child’s NEC. Evidence like testimony from expert witnesses and medical records can help prove this element and establish causation.
- You Used the Product as Intended: A successful product liability claim typically relies on the fact that you used the product as the manufacturer intended. As long as you administered the baby formula correctly and followed the manufacturer’s instructions, you can establish this element.
How Long Do You Have to File an NEC Baby Formula Lawsuit?
There are time limits, known as statutes of limitations, on filing certain types of lawsuits. If you believe that your child qualifies for an NEC baby formula claim, it is important to act quickly. The court will most likely dismiss your case if you fail to file your lawsuit within the specified time frame.
Different states have different filing deadlines for product liability claims. For example, California and Arizona residents must file a lawsuit within two years from the date of the injury, while Nevada and Florida residents have four years. There are also unique rules for lawsuits involving children.
To identify your appropriate filing deadline, it is crucial to speak with an attorney as soon as possible. The NEC baby formula lawsuit attorneys at Estey & Bomberger, LLP have a deep understanding of product liability laws across the United States. We can evaluate your case and your state’s regulations to determine your statute of limitations and initiate your lawsuit before the deadline passes.
Benefits of Hiring an Attorney for an NEC Baby Formula Lawsuit
Watching your child suffer from NEC is a heartbreaking experience. In the aftermath of these incidents, filing a lawsuit is often the last thing on your mind, and the thought of navigating the legal system can feel overwhelming. During this time, hiring a mass tort attorney who specializes in product liability cases can help you seek justice.
NEC baby formula lawsuit attorneys provide compassionate support, possess specialized legal knowledge, and have access to valuable resources that can strengthen your claim. They can handle all the legal details, from paperwork to negotiations, while effectively advocating for your rights.
By hiring an attorney, you can navigate the complexities of an NEC baby formula lawsuit with confidence, knowing that you have an advocate on your side who will tirelessly work to achieve the best possible outcome for you and your child.
Schedule a Free Consultation with Estey & Bomberger, LLP Today
If your child has been diagnosed with NEC and you believe it is linked to the consumption of baby formula, the product liability attorneys at Estey & Bomberger, LLP can help. Our mass torts attorneys are dedicated to fighting for the rights of families affected by the negligence of baby formula manufacturers.
Our lawyers can provide you with the legal guidance and support you need during this challenging time. Contact us today at (800) 260-7197 to schedule a free case consultation and take the first step toward seeking justice for your child.