NEC Lawsuit FAQ
Answers to the Most Common NEC Lawsuit Questions
This page contains answers to common NEC lawsuit questions that apply to most baby formula claims for necrotizing enterocolitis or NEC. To discuss your case in detail or ask specific questions related to your circumstances, contact our firm. Our team of attorneys handling NEC lawsuit claims provides free, no obligation case review. Simply contact our firm and one of our experienced lawyers handling national NEC lawsuit claims linked to formula for preterm infants will contact you in the near future to answer your questions, completely free of charge.
Who can make a necrotizing enterocolitis claim or file a NEC Formula Lawsuit?
A parent or family member of an infant who has suffered from necrotizing enterocolitis while taking Similac Special Care, Enfamil Human Milk Fortifier, and Enfamil NeuroPro EnfaCare Infant Formula or a similar baby formula for preterm and low-birth weight infants may be eligible to make a claim by filing a NEC baby formula claim against the Abbott Laboratories and Mead Johnson, the makers of Similac and Enfamil.
What does it cost to file a NEC lawsuit?
We are committed to representing all persons involved in a necrotizing enterocolitis lawsuit on a contingency basis, meaning there are never any legal fees unless we win compensation in your case. To access your free, no-obligation consultation, use the online chat feature or contact form on this site. One of our lawyers handling baby formula lawsuits for NEC will contact you to answer any of your questions.
What does the American Academy of Pediatrics have to say about NEC from baby formula?
In 2012, the American Academy of Pediatrics issued a policy statement announcing its position on nutrition for preterm infants. Based on the research linking NEC to infant formula, the AAP recommended all preterm infants be fed with human breast milk. First choice is MOM, or mother's own milk; when this is unavailable, human breast milk from a milk bank is the preferred choice.
How much time do I have to file a NEC Formula Lawsuit?
Most states have NEC lawsuit time limits; however, the majority of all families whose infant developed necrotizing enterocolitis from an infant formula will fall within those time limits if they contact an attorney in the near future. For specific time limits for your claim, please fill out the form at right and one of our attorneys will contact you as quickly as possible, usually within the hour.
Who is most at risk for developing necrotizing enterocolitis from baby formula?
Research shows that babies most susceptible to NEC are preterm infants who are born before week 36 of gestation, and low-birth weight infants, or newborns who weigh less than 5.5 lbs. Use of infant formula for the nutrition of preterm infants doubles the risk of developing NEC. Babies who are fed human breast milk are far less susceptible to necrotizing enterocolitis. In some cases, full term babies also develop NEC but the condition is always linked to another significant health problem in those cases.
Aren't most drug and products liability lawsuits just class action lawsuits where the plaintiff receives very little money?
National NEC lawsuit claims are likely to be consolidated as MDL, or Multi-District Litigation, where each plaintiff receives a settlement based upon the individual injuries and damages incurred by each plaintiff. This process increases the efficiency of processing vast numbers of cases against a corporation, all related to one dangerous product.
How long have baby formula manufacturers been aware of the link between NEC and formula?
The manufacturers of Enfamil and Similac, Mead Johnson and Abbott, have been aware of the link between necrotizing enterocolitis and premie baby formula at least since 2012. Yet neither company has ever added a NEC warning to their product labels for formulas designed specifically for pre-term infants such as Similac Special Care, Enfamil Human Milk Fortifier, and Enfamil NeuroPro EnfaCare Infant Formula.
Does it cost anything for you to review my case?
We will always listen to your circumstances and give you our analysis of your case without any cost or further obligation.
Which infant formulas result in higher rates of NEC?
Infant formulas linked to NEC are any that are used to feed a preterm or underweight newborn. Specific products that have been formulated for this use include Similac Special Care, Enfamil Human Milk Fortifier, and Enfamil NeuroPro EnfaCare Infant Formula.
We're not the type of people who sue; do we really need to file a lawsuit?
If a member of your family suffered a serious injury or health problem as a result of a defective product or dangerous drug, long-term, or even life-long, medical care may be required. This could be incredibly expensive and since medical costs are continually rising may be largely unknown at the time of settlement or trial. If a member of your family died due to a defective product or dangerous drug, no amount of money can undo that wrong. It is our fervent hope that every defective products, drug or other medication lawsuit we file can serve to make the manufacturer take note of the loss and pain its product has caused. When that fails to make a company take action in the form of a product recall, greater warnings about its use and ultimately making safer products, we rely on their profit motivation to make them do the right thing. Unfortunately, in all too many cases it is only the fear of lawsuits and large settlements and verdicts that makes a company become a better corporate citizen.