Big companies hiding important information from the customers about their products is no new fact. It becomes troublesome when the misinformation becomes a matter of life and death. Premature infants often have difficulty absorbing nutrition and have many other requirements. Baby formulas are often used to aid weight gain and supplement their nutritional needs. It becomes an issue when they get harmed by the very thing that is supposed to keep them healthy.
In this blog, we will talk about the NEC lawsuit and when the families should take legal action.
What Is The NEC Lawsuit?
The NEC lawsuit is a legal claim against baby formula manufacturers Mead Johnson and Abbott. The lawsuits state that the babies who were fed Similac and Enfamil developed Necrotizing Enterocolitis (NEC). These products were cow-milk-based and were marketed as having the same health benefits as human breast milk. This was due to the failure of these companies to inform the parents about the harmful effects of their products. It led to thousands of lawsuits claiming that their infants got NEC after consuming these cow milk-based baby formulas. Many families had even lost their babies due to NEC and sought compensation for wrongful death.
Symptoms of Necrotizing Enterocolitis (NEC)
NEC is a disease that affects the gastrointestinal tract of an infant. It causes an infection that may lead to a hole in the intestines. Bacteria can get into the intestine through this hole. This disease poses a severe risk to the child’s health and also puts a risk to it’s survival. The damage may also stay with the baby for the rest of it’s life. It may ultimately lead to the death of the infant. The symptoms of NEC include:
● A swollen and tender belly
● Red, blue, or gray discolored belly
● Trouble feeding
● Food not staying down after feeding
● Constipation
● Diarrhea or bloody stool
● Greenish-yellow vomiting
● Lethargy
● Unstable body temperature
In advanced cases, the blood pressure may drop, and the pulse may weaken. Fluids may develop in the abdominal cavity or even cause an infection of the stomach tissue. This may cause the infant to go into shock. The affected area develops a hole in the stomach lining, and the infant may require emergency surgery.
When Should You File An NEC Lawsuit?
NEC contributes to slower growth and development of neurocognitive ability. You are eligible to file a claim for an NEC lawsuit if:
● The infant was born prematurely
● Received cow milk-based formulas, like Similac or Enfamil, while under the care of the hospital
● Consumed a similar baby formula before developing NEC
● Received a cow-based baby formula as a gift from the hospital
Families of infants suffering from NEC are entitled to pursue legal action for damages. A mass tort lawyer will help you in every step of the way. If the infant passes away because of NEC, they may also file a case for wrongful death.
Compensation Amount For NEC Lawsuit
If the NEC has been diagnosed with NEC, the family is eligible for a lawsuit. The compensation amount may include the following:
● Medical bills and other expenses (Past, present, and future)
● Lost wages from the time spent on taking the child to the hospital
● Pain and suffering
● Future out-of-pocket costs due to the disease
● Time missed from work for care of the baby
● Pregnancy loss
● Punitive loss
● Loss of enjoyment of life
● Future physical limitations
● Funeral costs, in case of death of an infant
NEC lawsuits can range from $5000 to over $5,00,000 in compensation. It depends on the severity of the case, the results of the previous lawsuits, and the ability of your mass tort lawyer.
The Bottom Line
If your child is a victim of NEC developed from Similac or Enfamil, then you can file for an NEC lawsuit. You need to first consult with an expert lawyer before taking any action. They will conduct a thorough examination of all the reports and help you get the compensation you deserve for your child’s suffering.