Are You Eligible to File an NEC? Top Things to Understand Beforehand

by | Jan 10, 2024 | Mass Tort, NEC Lawsuit

It takes over 37 weeks for a fetus to grow into a baby. However, there are exceptional cases, such as in premature babies. These babies are born before 37 weeks of pregnancy. They may have more health issues, so doctors recommend staying in the hospital longer. These babies need special medical care in the NICU or newborn intensive care unit. They require more supervision during the early days, considering their food habits and sleeping patterns.

 

Since premature babies need more care, it is recommended that they consume baby formulas at a particular dose every day. However, if the latest reports are anything to believe, the Similac and Enfamil formulas may increase the chances of developing NEC. So, are you eligible to file an NEC? Let’s evaluate the reasons and other vital details before you find a lawyer for mass tort cases.

 

What Should You Learn about Necrotizing Enterocolitis?

 

NEC, or necrotizing enterocolitis, is a dangerous disease in premature infants. It’s a bacterial infection in which your baby’s intestinal tissue stays decaying and inflamed. Most severe conditions may also cause sepsis and peritonitis. Necrotizing enterocolitis can develop anytime between three and twelve days of age. However, the condition worsens with each passing day. If your child has been diagnosed with NEC, please speak to your lawyer soon.

 

One quick note: There are class action and mass tort lawyers for the NEC case. Choosing the right attorney depends on your preference. However, given the rise in pending lawsuits associated with the NEC case, it’s safer to find a mass tort attorney. The class action comprises one lawsuit with various plaintiffs, while mass tort consists of multiple lawsuits.

 

Premature babies who cannot breastfeed are prescribed baby formulas by the hospital. Since they need extra nutrition and support, baby formulas like Enfamil and Similac are believed to have been the best human milk alternatives.

 

That was believed until November 2021, when the first lawsuit against Abbot Laboratories was filed. After their baby girl’s unfortunate demise, parents filed a claim stating that their daughter’s death was due to the baby formula. Even researchers have demonstrated that baby formulas like Enfamil and Similac increase the chances of NEC in premature infants.

 

NEC and Its Impacts on Babies

 

Early detection of NEC increases the likelihood of cure. However, infants diagnosed with NEC need immediate surgery. NEC survivors may even experience lifelong medical issues with digestion. A few of them include the following:

 

● Short bowel syndrome
● Cholestasis
● Strictures
● Adhesions

 

Perforation in the intestine indicates immediate surgery. Necrotizing enterocolitis may scar, block, or narrow the baby’s intestine. So, multiple surgeries may also be required.

 

Another lifelong condition that a baby may experience is malabsorption. It occurs when the body is unable to absorb nutrients properly.

 

The Eligible Candidates to File for the Necrotizing Enterocolitis Claim

 

You can make a claim against baby formulas that resulted in NEC anytime. It does not matter whether the incident happened years ago. The family may be eligible for recovering compensation with the product liability claim in case of the following:

 

● Your baby was born prematurely
● Your baby consumed Similac, Enfamil, or other cow’s milk-based baby formulas
● Your baby was diagnosed with NEC or necrotizing enterocolitis

 

No baby should suffer only because of a company’s negligence. So, if your infant consumed baby formula and got diagnosed with NEC, you must consult a lawyer. If the baby experiences wrongful death, your attorney will fight for justice and compensation

.

Note that the statute of limitations for filing the NEC claim varies from one state to another. So, you must speak to the mass tort attorney to explain the details. If you miss the deadline for filing, the case might qualify as an exception to your state’s statute of limitations.

 

As a result, you may have to bring the claim to another state. So, do not hesitate to consult an attorney. The legal solicitor will first examine and evaluate the case. Then, the professional will offer legal advice and answer your questions. The attorney will take the proper steps to file a claim against baby formula. Contact a lawyer to file your NEC lawsuit and get compensation.