NEC Formula Lawsuit News

The Nutritional Requirements Of Babies Born Prematurely Can Not Be Synthetically Engineered

An NIH study from 2017 states that chemically engineered infant formula may lead to infants developing NEC

Wednesday, December 15, 2021 - It is a well-established fact that a premie baby's digestive system is underdeveloped and can not tolerate anything but mother's breastmilk which is also perfectly underdeveloped at that stage of the pregnancy. Nutritional experts and pediatricians say there is no excuse for a mother not to supply their baby breastmilk, and that a premie's survival may depend on it. "Providing breast milk for a premature or seriously ill newborn may be a challenge, but it is usually possible, and it is certainly an effective way to enhance your baby's health, growth, and development. No matter how your breast milk is delivered to her, it provides the best nourishment possible at a time when such an advantage makes a big difference," according to Healthy Children.org. Reuters tells us that approximately 9000 premature babies develop NEC each year according to The National Institute of Child Health and Human Development. Abbot and Meade argue that NEC premie risks can occur in children fed mother's milk but the incidences of that happening are much rarer than in babies fed infant formula. A study conducted in 2017 and published by the National Institute of Health (NIH) concluded that cow's milk infant formula may lead to a greater number of cases of NEC than for babies that are fed mother's breastmilk. "Both trials found that an exclusive HM diet results in a lower incidence of NEC."

If you are the parents of a baby born prematurely (before the 37th week of pregnancy) that has developed necrotizing enterocolitis, or NEC, you may wish to consider filing a lawsuit against the manufacturers of the infant formula your child was fed. Reuters reports that 33 NEC formula lawsuits have been filed in 2021, in the state of Illinois alone, against Abbott Laboratories, Mead Johnson & Co LLC, and Mead Johnson Nutrition Co., alleging that Enfamil and Similac baby formula caused the deadly intestinal disease. Reuters reports Enfamil and Similac lawsuits by the parents whose children have allegedly died from using Similac and Enfamil. Lawyers for the plaintiffs are seeking to have the trials consolidated into multidistrict litigation (MDL) in Illinois to expedite pre-trial administrative procedures and discovery. The MDL judge that is appointed to preside over the cases will also interrogate the expert witnesses that each side intends to present to juries to weed out those whose scientific testimony does not hold water. When the MDL proceedings conclude, the first trial will take place in Illinois. The others will be sent back to their separate counties to be heard individually. The trials that take place in 2023 could serve as a springboard for thousands more parents to come forward and to hold the companies responsible for failing to warn them of the hazards of feeding cow's milk-based infant formula to babies that are born prematurely.

Lawyers for the parents will argue that a mother's breastmilk is far superior to chemically synthetic baby formula. Abbot Labs, the maker of Similac Pro-Advance baby formula, is also the target of a newly-created class-action lawsuit that alleges the company mislead consumers to think that their infant formula was the nutritional equivalent to a mother's breast milk. An Illinois woman "claims that the company is misleading consumers by stating that its formula is "our closest formula to breastmilk," when it is not, in fact, almost equivalent to breast milk."

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We will represent all persons involved in a NEC lawsuit on a contingency basis, meaning there are never any legal fees unless we win compensation in your case. Anyone whose child suffered from or died as a result of NEC from formula is eligible to receive a free, no-obligation case review from our attorneys. Simply contact our firm through the online contact form or the chat feature and one of our NEC formula lawyers will contact you promptly to discuss your case.



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