Understanding NEC Lawsuit Payout System: NEC Lawyer Provides the Insight

by | Nov 5, 2024 | NEC Lawsuit

Understanding NEC Lawsuit Payout System

What Initiated the NEC Lawsuit?

Necrotizing enterocolitis (NEC) took a devastating toll upon premature infants, which led to the NEC baby formula lawsuits. The lawsuits were raised against the major baby formula manufacturers, by families with babies who developed NEC (necrotizing enterocolitis). This was noticed after those babies were fed cow’s milk-based formulas. For example, Similac and Enfamil. As these lawsuits progress through the courts, many families are left wondering, “What is the average payout for the NEC lawsuit?”

There isn’t a set “average compensation amount” for an NEC baby formula lawsuit, but recent court cases have awarded millions to plaintiffs. In this blog post, we’ll explore the key facts about the NEC baby formula lawsuits, notable recent jury awards, and the types of compensation available.

Any family with a child who has suffered or is suffering from NEC or necrotizing enterocolitis due to these baby formulas is entitled for compensation. This is because, the manufacturers of Similac and Enfamil didn’t put any warning message on their product packs. This warning would’ve made parents aware about the severe gastrointestinal problems – even death – these cow-milk-based formulas could lead to in premature infants.

Why Are NEC Baby Formula Lawsuits Getting Filed?

Parents are filing lawsuit against manufacturers of Enfamil (Mead Johnson) and Similac manufacturer Abbott Laboratories. Because, now they know that their baby formula products caused necrotizing enterocolitis (NEC) in their prematurely-born children. Worst, NEC may even result in the death of the premature infant. These manufacturers failed to warn parents as well as medical providers about this risk.

NEC is a serious gastrointestinal condition that predominantly affects premature and low birth-weight babies, often resulting in life-threatening complications, even death. The disorder causes intestinal inflammation, which creates holes in the intestine. This breaks the blood-food barrier, making intestinal bacteria leak into the abdominal cavity and blood.  This leads to serious illness through deadly infections. The disorder has been found to result also in the death of intestinal tissues. It has proved fatal for as many as 50% of the recorded cases. It’s no wonder since milk allergy has been noticed to cause gut symptoms like colic and constipation. Besides, diarrhoea and hypersensitivity reactions resulting from lactose (milk sugar) intolerance affect 65% to 70% of the world’s population in one way or another. So, it’s no surprise that even babies are susceptible to the ill effects of cow’s milk. A 1990 study reported in Lancet also speaks about premature babies are up to 10 times more likely to develop NEC. 

The link between cow’s milk-based formula to a higher risk of NEC in premature infants has been found in many studies, according to lawyers handling baby formula lawsuits. Fortunately, NEC is not that common, affecting just one in 2,000 to 4,000 births. But it can happen to any newborn, not just the premature ones weighing less than 3.25 lbs. 

What does the NEC Lawsuit Baby Formula Speak About?

The lawsuit claims that healthcare providers and manufacturers are legally responsible for medical negligence and product liability if a premature baby becomes ill after consuming cow-based baby formula. If they’ve failed to alert consumers or doctors about the dangers properly, those responsible could face legal repercussions. This is also true in the legal case against Abbott and Mead Johnson & Company, LLC, the manufacturer of infant formula, Similac.

According to the cause, when the cow -based children’s formula is administered to a preterm child and consequently, health workers and producers who are aware of the results can be tired of legal requests for medical negligence and product responsibility. If they did not adequately warn consumers or risk doctors, the people involved could be held responsible. This is the case of the lawsuit against Abbott and Mead Johnson & Company, LLC, which makes Similac infant formula.

Studies have shown that some infant formulas increase the risk of necrotizing enterocolitis (NEC). Additionally, when a premature infant is fed cow’s milk formula, the risk of necrotizing enterocolitis increases greatly, adding another layer of complications for infants. As a parent, it’s important to know your legal rights if your child gets sick from a product, says every nec lawyer

The Similac lawsuit wasn’t the first baby food lawsuit to hit the headlines. In February 2021, more than 80 lawsuits were reported against baby food manufacturers after toxins – including arsenic – were discovered. The effects of the discovered neurotoxins can be fatal and cause significant damage to the developing brain.

What Makes Premature Babies More Susceptible to NEC?

Premature babies (born before spending 37 weeks in the mother’s womb) are vulnerable to both short-term and long-term challenges due to their undeveloped organs at birth, leading to issues with breathing, circulation, digestion, and immunity.

A lot of premature babies struggle with breastfeeding due to lesser strength and size, leading them to require extra nutrition for optimal growth, development, and survival. In order to make up for the deficiency, it must be replaced with baby formula, a large portion of which is made from cow’s milk.

However, many of the recent researches has clearly established the higher likelihood of NEC with cow-based formulas. This is why it is important to have appropriate notices in order for parents and doctors to make educated choices.

Nearly ten years ago, the American Academy of Pediatrics advised that infants should only be fed breastmilk for the first six months of their lives. Although lots of preterm infants find it challenging to breastfeed, using donated breast milk can be a helpful solution in this situation.

Who is Eligible to File a NEC Lawsuit?

Your baby could have received Similac or Enfamil while in the hospital. If you are uncertain, your attorney shall assist helping you to determine the answer. Ensure to give the hospital’s name and location.

After leaving the hospital, you may have given your baby Similac or Enfamil formula, so it’s advised by nec lawyers to save receipts, packaging, or boxes from the formula as evidence.

If parents discover their premature infant developed necrotizing enterocolitis after consuming formula such as Similac or Enfamil, they have the option to pursue a lawsuit for potential compensation.

The lawsuit against Similac and similar other baby formulas has exposed and emphasized the impact food companies have on a newborn’s life. Make sure you include every minute cost that was involved to ease your newborn’s suffering as well as yours. Let your nec lawyer tell you about the costs to include to receive a proper nec lawsuit payout.