Choosing the correct way to feed your infant is always one of the most critical choices parents must make. Many parents choose to feed their children formula as a convenient way to provide a child with a quick meal or to allow others to participate in the feeding process. Others must rely on this method due to an inability to produce an adequate amount of breast milk.
Sadly, feeding formula to premature infants can cause serious health risks. A bacterial infection called necrotizing enterocolitis (NEC) can severely damage a child’s intestines, causing serious injury or even death. If you are the guardian of a child who has received an NEC diagnosis after consuming baby formula, you may be able to hold the makers of those products responsible for your child’s losses. Reach out to our skilled lawyers about NEC baby formula lawsuits.
NEC Diagnoses and the Connection to Baby Formula
Medical science has long made the connection between many forms of cow’s milk baby formulas and the bacterial infection known as necrotizing enterocolitis. A study from the medical journal Lancet in 1990 stated that premature infants who received a diet of solely formula were 6-10 times more likely to develop NEC than those drinking only breast milk.
This is not to say that feeding formula to premature infants is a poor choice for parents. However, a collection of current lawsuits state that the makers of many popular brands of formula, Similac and Enfamil, to be exact, did not properly warn parents of these potential risks. Under the legal theory of product liability, parents are alleging that Mead Johnson and Abbott Laboratories, the makers of the formula, should be legally liable for their child’s injuries or deaths.
If parents wish to learn more about NEC and their options for filing a baby formula suit, our lawyers could provide more information about NEC, the connection to baby formula, and why the makers of this formula may have been negligent in allowing these injuries to occur.
NEC Lawsuits as Examples of Mass Torts
Many personal injury cases tilt strongly in favor of defendants. Especially if the defendant is a large corporation, they are prepared to spend millions of dollars in legal fees to protect their profits and preserve their reputations. This fact can intimidate many potential plaintiffs into dropping their claims or accepting settlements for a fraction of their case’s value.
Thankfully, pursuing a legal option known as a mass tort can help to even the odds. Federal laws state that plaintiffs who share a common complaint against a single defendant can band together to file a single lawsuit against that defendant. As applied to baby formula infection cases, multiple premature children developed NEC from drinking similar baby formula. Because the children share a similar story and set of damages, they might qualify to pursue a mass tort.
Not just any set of plaintiffs can pursue their claims under the mass tort framework. Fed. R. Civ. P. 23 provides the legal basis for joining cases under a mass tort. In short, Federal laws state that plaintiffs who share a common complaint against a single defendant can band together to file a single lawsuit against that defendant. In the case of NEC infection, there is an ongoing lawsuit that parents may be able to join. Talking with a proactive attorney helps parents determine if a child is eligible to join an ongoing case.
Reach Out to an Attorney Now to Learn More About NEC Baby Formula Lawsuits
A collection of popular baby formulas under the brand names Similac and Enfamil have a connection to the severe infection called NEC. This condition affects premature infants who receive this formula as their primary source of nutrition. An ongoing lawsuit has alleged that the makers of these formulas knew the risk of NEC infection and did not adequately disclose this information to parents and medical providers. As a result, many children have developed serious health complications or even passed away.
If you are the parent whose child developed NEC after drinking formula as a premature infant, you can likely pursue substantial compensation. An attorney could help evaluate your child’s legal rights and determine their eligibility to join an ongoing legal case. Contact DC Law today to get started.