Premature infants or underweight newborns are fed Enfamil and Similac baby formulas. However, recent reports suggest that these cow milk formulas can have life-altering impacts on infants, causing intestinal infection or fetal death. So, parents of premature infants who consumed Similac and Enfamil in the hospital can file a lawsuit against baby formula.


When a premature baby takes birth, the infant requires additional nutrition for overall development to avoid medical conditions. Nursing for premature babies is not possible during the early stage, so the hospitals offer baby formulas, a form of supplement that offers nutrition to the baby.


However, supplementing with these formulas might be dangerous for the baby. Cow milk products like Similac and Enfamil can increase the chances of life-threatening conditions in infants. One of them is NEC, or necrotizing enterocolitis.


What is NEC, and How Does It Cause Fatal Conditions in Infants?


NEC, or necrotizing enterocolitis is a common intestinal disease occurring in premature babies. The disease causes injury or inflammation to the tissues in the large or small intestine. It may lead to death of the intestinal tissue and even perforation in the infant’s intestinal wall.


When NEC occurs in a baby, the intestine becomes incapable of holding waste. So, if bacteria pass into the bloodstream, it leads to a life-threatening infection. Waste passes into the infant’s abdomen and makes them extremely sick. The injured part (or the entire) of the intestine, then, needs to be removed. The following are the signs and symptoms that indicate the baby is suffering from NEC.


● Feeding difficulties
● Constipation
● The belly is tender or swollen
● Food staying inside the stomach more than the expected time
● Hypotension (low BP)
● Bradycardia (heart rate slows down)
● Green vomiting
● Belly discoloration (blue, red, or gray)
● Unstable body temperature
● Apnea
● Diarrhea and dark/bloody stools


Criteria for Filing the NEC Baby Formula Lawsuit


Are you unsure whether you are eligible to file for the baby formula lawsuit? The following are the criteria when you can file for the lawsuit:


1. The infant is born at a premature stage.
2. The premature infant was fed with Enfamil or Similac when they were in the hospital.
3. The premature infant should be diagnosed with NEC, sepsis, meningitis, bacterial infection, bowel amputation, abnormal bleeding, bloody stool, breathing shortness, etc.


Filing for NEC Baby Formula Lawsuit: What to Expect?


Necrotizing enterocolitis cases claim that cow’s milk-based baby formula products have higher chances of causing NEC in infants. Lawsuits for NEC baby formula are filed by parents of infants who develop necrotizing enterocolitis resulting from Similac or Enfamil consumption.


Caregivers or parents of premature infants can file for NEC baby formula after the baby encounters NEC. Babies might have consumed Enfamil or Similac in the hospitals. It does not matter whether the parent has taken the formula from the hospital or bought it from a pharmaceutical shop to feed their babies at home.


If your baby has developed NEC, it is time to consult a reputable NEC lawyer for legal support. The solicitor may ask you to keep the medical records, formula packaging, and receipts for the evidence.


Lawyers encourage parents and caregivers to keep all medical records, receipts, and formula packaging for evidence in their cases. If you don’t know if your baby was fed Similac or Enfamil, your lawyer may be able to help get this information.


Although NEC solicitors have been working to fight for justice, Similac and Enfamil baby formulas have not yet been recalled for causing NEC. If you want to file your lawsuit, the following are the common types of compensation a plaintiff seeks in the lawsuit:


● Cost of future and present healthcare care
● Compensation for the infant and parents
● Suffering and pain
● Compensation for wrongful death & survival actions
● Compensation from the intangible benefits like nurturing, affection, or care that are lost if the child is suffering from the condition


Class Action Lawsuit vs Mass Tort: Which Baby Formula Lawsuit Should You Join?


A class action lawsuit involves different plaintiffs. On the other hand, a mass tort case includes different plaintiffs injured by the same defendant, where they collectively file the case together.


Here, every plaintiff files a lawsuit against one defendant. These cases are grouped for portions of one legal process as it’s a practical choice. Settlements are made depending on the case, and plaintiffs get their compensation individually.


Many people know about both class action and mass tort lawsuits. But most people don’t understand the difference. So, you can speak to a legal associate to discuss your requirements. Contact a mass tort attorney and discover the case in detail before taking it to court.