NEC (Necrotizing Enterocolitis) is a life-threatening bacterial infection that inflames the intestinal tissue. Unfortunately, some baby products, such as Similac and Enfamil from Mead and Abbot, are allegedly putting multiple babies at risk of NEC.
If your child has developed NEC, you can file a lawsuit against the manufacturer two years from the date of diagnosis. The point of the plaintiffs in an NEC formula lawsuit is that the manufacturers failed to warn the consumers about the potential threats of this cow milk-based product.
In this blog, learn everything about NEC baby formula lawsuits, how and when to file one, and what you need to prove to be eligible for compensation.
Why are People Filing Baby Formula Lawsuits?
Parents and guardians of infants are filing baby formula lawsuits against Abbot Laboratories and Mead Johnson for their products coming under the brand names Similac and Enfamil, respectively. Their allegation is that the manufacturers failed to warn the parents and medical providers about the potential risks associated with their baby formulas.
NEC primarily affects infants with low immunity. This life-threatening disease causes intestinal inflammation, causing serious complications. Although the babies may recover fully, there are always chances of lifelong neurological and nutritional complications or death.
Multiple researches since the 1990s indicate that premature babies fed cow milk-based formulas were at significantly higher risk of developing NEC than those who were fed human milk only. The risks were also lower in breastfed babies compared to babies who were fed a combination of human and cow milk formulas.
Several medical malpractice lawsuits have been filed against doctors who had prescribed Similac and Enfamil, and several significant verdicts have also been won. Now, an increasing number of parents and guardians are filing an NEC baby formula lawsuit against the manufacturers for producing toxic baby formulas.
Parents are claiming that the manufacturers knew or should have known about the risks associated with the products due to the presence of a component called bovine spongiform encephalopathy (BSE) in cow milk, that could cause NEC, sepsis, failure to thrive, or other dangerous conditions to premature infants. The plaintiffs argue that the manufacturers Mead and Abbot failed to learn more about their products and warn the public despite warnings from medical groups.
Plaintiffs also argue that these formulas do not have a proper guide about their use and are marked safe and beneficial, which is misleading considering the dangers and risks they present.
The manufacturers, Mead Johnson and Abbot laboratories, have denied any allegation, saying that gastrointestinal diseases are common and can form in premature babies fed with breast milk as well.
Have Similac and Enfamil Baby Formulas Been Recalled?
No, the Enfamil and Similac baby formulas have not been recalled due to the correlation between them and NEC. There have been product recalls due to isolated incidents, such as product tampering at stores, and a recall was made in February 2022 for bacterial infection. However, no widespread product recall has taken place related to the claims made against the manufacturers for their toxic baby formulas.
Types of Compensation in an NEC Formula Lawsuit
Common types of compensation or damages claimed in an NEC baby formula lawsuit include:
● Compensation of injured child or parents, either under their child’s claim or under a separate claim.
● Pain and suffering
● Cost of past, current, and future medical care
● Lost income and diminished earning capacity
Other than these, compensation may also include loss of consortium that is lost when:
● The child is seriously injured or disabled
● Results in wrongful death
Eligibility to File an NEC Baby Formula Lawsuit
The following criteria are to be met to be eligible to file or join an NEC formula lawsuit:
● Your infant must have been born prematurely
● Your infant received Similac or Enfamil while in the hospital
● Your premature infant must have been diagnosed with NEC, sepsis, bowel amputation, bloody stool, meningitis, bacterial infection, abnormal bleeding, fatigue, shortness of breath, salmonella, or death.
However, your child does not have to have been diagnosed with NEC for you to receive damages. If your baby has been fed Similac or Enfamil, you may be entitled to receive compensation through a baby formula lawsuit for damages due to other illnesses, as mentioned above.
How Long Do You Have to File an NEC Formula Lawsuit?
In Florida, you have two years to file an NEC lawsuit from the date of its diagnosis in your child. You can file a medical malpractice suit or a wrongful death claim if your child has died from consuming this toxic baby formula. But in both cases, the statute of limitation remains two years in Florida.