Who Can File a NEC Formula Lawsuit?
National NEC attorneys provide information on who qualifies to file a NEC lawsuit for baby formula claims
Preterm and low-birth infants who are fed baby formula rather than breast milk are at risk for developing necrotizing enterocolitis. Necrotizing enterocolitis is a severe inflammatory disease of the gut which can require surgery and may result in death. The manufacturers of common preterm baby formulas Similac and Enfamil have known of the risk of NEC from formula for the past decade yet failed to warn consumers of the risk. Critics say Abbott and Mead Johnson officials intentionally chose not to add a warning statement to the product labels in order to keep premie formulas in wide use. As a result, many families unknowingly exposed their preterm infants to a risk for NEC by allowing them to be fed with baby formula.
Families whose infant developed NEC after using baby formula are seeking clarification of the qualifications required to participate in a NEC formula lawsuit. Our attorneys provide free, no-obligation, confidential consultations to anyone who feels they may have a claim. On this page, we have compiled the basic qualifications our attorneys consider in each NEC lawsuit claim.
- NEC: NEC stands for necrotizing enterocolitis, and is a severe and life-threatening medical condition. NEC is an inflammatory disease of the gut which affects thousands of pre-term and low-birth weight infants each year. NEC is characterized by injury or inflammation of the intestinal wall lining, which can advance to necrosis or tissue death and result in life-threatening infection. Severe NEC requires surgical intervention and is fatal in 15-40% of cases. If your infant was diagnosed with necrotizing enterocolitis or NEC, you may be eligible to file a NEC formula claim.
- Use of Premie Baby Formula: Baby formulas specifically designed for preterm and underweight infants have been found to increase a premie's risk for developing NEC. Premie infant formulas are sometimes given instead of human breast milk if the mother is unable or unwilling to breastfeed. However, the American Academy of Pediatrics has recommended since 2012 that human breast milk is the safest form of nutrition for preterm infants. Both Enfamil and Similac have premie baby formulas, including Similac Special Care, Enfamil Human Milk Fortifier, and Enfamil NeuroPro EnfaCare Infant Formula. If your infant was fed with a baby formula and developed NEC, you may be eligible to file a NEC formula claim.
For parents and families who meet these qualifications, it is likely you will be eligible to file a baby formula lawsuit for NEC. There are multiple reasons to file a claim. First, NEC formula lawyers believe families whose infant suffered from NEC from baby formula may be eligible for compensation for the expense of medical treatment, pain, suffering, and loss associated with the condition. More meaningful than that to some is the opportunity to hold a large corporation accountable for patient safety and dishonest business practices and to demand the addition of a NEC warning on infant formulas. Critics say the makers of Enfamil and Similac neglected to warn consumers of the known risk of NEC from baby formula for nearly a decade.