Can Toxic Baby Formula Result in Filing Lawsuit

by | Mar 23, 2025 | NEC Lawsuit

Toxic Baby Formula Result in Filing Lawsuit

It is unimaginable for any parent to understand the impact of toxic baby formulas on an infant. Studies show that specific formulas containing cow milk, such as Similac and Enfamil, have adverse effects on your infant. Yet companies marketing baby milk products fail to provide such warnings in their product description. As a result, your premature infant may develop necrotizing enterocolitis (NEC).

At People for Law, we have dedicated attorneys who help families devastated by this condition. We bring decades of experience to support families through challenging conditions following the NEC Lawsuit

Let us learn how our attorneys can help you during the entire NEC Lawsuit in detail.

Understanding NEC and Its Life-Threatening Impact 

Necrotizing Enterocolitis (NEC) is a disease where bacteria invade the intestinal walls, causing inflammation and perforation in your infants. The portions of infants’ intestines do not get enough oxygen. As a result, it stops functioning and causes malfunction. Consequently, your infant may end up suffering long-term complications and, in some cases, death too. 

Your babies who develop NEC may show specific symptoms: 

  • Fatigue 
  • Fever 
  • Chills 
  • Diarrhea with Blood 
  • Inability to tolerate food  
  • Swelling of Abdomen
  • Low Blood Pressure 
  • Difficulty in Breathing 
  • Lack of Weight Gain 
  • Reduced Urine Output 

If your baby experiences any of the above symptoms, seek medical assistance immediately. The doctors treat your baby with antibiotics, injections, blood transfusions, nasogastric tube insertion, and surgery (if needed)  upon diagnosis of NEC.  You can consult with lawyers to explore all possible NEC-based legal options. 

Who can file a Baby Formula-based NEC Lawsuit? 

You need to consult a lawyer to file for an NEC-based lawsuit against the baby milk-based formula companies. The eligibility criteria to file such a lawsuit are as follows:

  • Your baby is prematurely born, that is, before the 37th week of pregnancy.
  • The baby has consumed Similac or Enfamil-based formula milk after birth.  
  • When the medical professionals have diagnosed NEC based on your baby’s condition, following the diagnosis, the infant may require immediate medical assistance, or they may have lost their lives. 

You need a lawyer to guide you through the NEC Lawsuit process so that you can get justice and consider all the possible legal options.  

Essential Steps of Filing NEC Infant Formula Lawsuits  

The journey toward NEC-based lawsuits requires a combination of various steps to build a compelling case against manufacturing units. They are as discussed below: 

  • Gathering Medical Evidence 

The first step towards filing for NEC-based lawsuits is to have medical evidence proving your baby’s diagnosis. The documentation should contain the history of diagnosis, ongoing treatment, and progression. Most importantly, it should prove that your baby has NEC just after consumption of Similac and Enfamil-based baby milk formula. 

  • Seek Legal Assistance 

Our qualified and experienced lawyers have extensive knowledge of NEC-based lawsuits. First, our legal team will work to provide you with the following details.

  • Share a detailed timeline of the events
  • Answer all possible questions about medical treatments
  • Supply all necessary medical documents
  • Review and verify case details 
  • Keep track of ongoing medical treatment

Our lawyers protect your family’s rights throughout the legal process in difficult times. 

  • File Court Documents 

The filing process of NEC-based lawsuits requires meticulous attention to detail. These cases involve multiple legal theories, such as product liability and medical negligence. The lawyers submit initial court documents and deal with the manufacturer’s defense tactics. We meet all the procedural requirements, participate in settlement negotiations, and prepare potential trial proceedings for your case. 

  • Stay Up-to-Date During Legal Proceedings 

You need to cooperate with your lawyers while they fight for your baby’s rights. Here’s how you can cooperate with them: 

  • Maintain contact with the legal team
  • Keep copies of all medical records as evidence 
  • Update your attorney about treatment changes 
  • Review and sign all necessary documents 
  • Prepare for possible testimony 

Your attorney will guide you through every step and help you devise the best possible measures. However, the time to file NEC-based lawsuits is crucial. In the case of product liability, the deadline for filing such a case is within 4 years. 

How Much Compensation Could the Impacted Families Receive? 

It is heartbreaking for any parent to see their baby suffering from NEC just after consuming the toxic milk-based formula. There is a wide range of factors to receive compensation. They are as follows: 

  • The cost to provide medical treatment to your infant.
  • The expenses associated with the baby’s ongoing care and rehabilitation. 
  • The impact of NEC diagnosis on the overall quality of your babies’ life.
  • The amount of time the parents missed work due to their baby’s NEC diagnosis. 
  • The suffering and pain incurred as a result of NEC diagnosis. 
  • The mental anguish caused by NEC diagnosis.
  • The parents who lost their baby due to NEC are entitled to compensation for burial or cremation purposes.  

It is best to consult an experienced lawyer who can assess the specifics of the case and help you accordingly. 

Final Thoughts 

It is an unbearable pain to see your infant suffer from NEC-related lawsuits. Your child needs medical assistance after they are diagnosed with the disease. You can consult a lawyer to file an NEC lawsuit against baby milk formula manufacturing companies. We guide you through each step of the legal process in your difficult times.