Another study published by Paediatrics & Child Health in late 2021 found that compared to preterm babies being fed donor breast milk, neonates who received infant formula were at an increased risk of transfer to a tertiary care NICU for suspected NEC.
Because of recent research linking bovine-based milk formula with NEC in preterm babies, parents whose infants were diagnosed with NEC after receiving Similac and Enfamil have begun bringing lawsuits against the manufacturers of these products.
The plaintifs in these lawsuits have alleged that Abbott Laboratories (the manufacturer of Similac products) and Mead Johnson (the manufacturer of Enfamil products) neglected to warn healthcare providers and parents about the risks of feeding their cow’s milk infant formulas to preterm babies.
Plaintiffs have stated that these products were marketed as “equal” to human breast milk when, in fact, studies have shown that they are potentially hazardous to preterm infants.
While there are treatments available, NEC can cause lasting damage to the intestines.
Some complications that may arise from NEC include intestinal strictures (a narrowing of the intestinal tract, which can lead to obstructions) and short bowel syndrome (which leads to malabsorption, or the inability of the intestines to properly absorb nutrients from food).
To qualify for an NEC lawsuit, parents must meet certain criteria.
The precise eligibility requirements are not set in stone, as NEC/baby formula litigation is only just beginning.
However, most attorneys are generally pursuing cases that fulfill the following basic criteria:
The infant was born prematurely
The infant received cow’s milk-based formulas, such as Similac or Enfamil
The infant later developed NEC
The family suffered compensable losses as a result of the disease
Families who are unsure about whether they qualify for an NEC lawsuit can seek the advice of an attorney.
Through a civil lawsuit, families may be able to recover compensation for hospital bills, surgery costs, reduced future earning potential, pain and suffering, and lost quality of life, depending on the circumstances of their cases.
Many NEC lawsuits are being filed in Illinois because both Abbott Laboratories and Mead Johnson have headquarters in Chicago, though some families have chosen to file NEC lawsuits in their home states.
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If you believe your baby developed NEC due to cow’s milk-based formulas such as Enfamil and Similac, you may be entitled to compensation.
With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!
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