NEC Baby Formula Lawsuit

April 11 2022 | Blog
  • Baby Formula Lawsuit

    At Hughes and Coleman, we’re not just lawyers. We’re also parents and siblings and we know how precious family is. In early 2022, several baby formula manufacturers and brands, including Enfamil® and Similac®, issued a recall due to contamination of products that was leading to serious illnesses and even death in infants. These infant formulas can cause bacterial infections that result in sepsis, spinal meningitis, and necrotizing enterocolitis (NEC).

    Breast Milk VS. Infant Formula

    Current recalls of baby formula products are primarily related to cow’s milk-based formulas and products such as human milk fortifier. Human milk fortifier is often an ingredient in cow milk formulas but is also sold as a standalone product.

    New mothers are faced with an initial choice of formula feeding or breastfeeding. This alone is a difficult and anxiety riddled decision, as breastfeeding takes a lot of effort and comes with physical (and mental) challenges.  A particular challenge of breastfeeding a premature baby, born earlier than full-term, the mother may not have the ability to produce a sufficient amount of breast milk. This can cause many emotional issues and insecurities for the mother.

    There are other options, besides formula, such as donor breast milk. However, that can be costly and not readily available.

    When these other options don’t work out, there are products marketed specifically for premature infants. Several popular baby formula brands market their products as safe and effective food sources for babies born prematurely.  According to WebMD, babies should not drink whole cow’s milk until they are at least 12 months old, or 1 year. So many manufacturers of infant formula produce products with cow’s milk that are modified to resemble human breast milk. These products are generally considered safe and beneficial for developing infants.

    Premature infants can survive and thrive when given the appropriate food sources. However, premature infants fed contaminated infant formula are at a higher risk of NEC, which can cause serious damage to the baby’s intestinal tissue.

    For preterm infants or babies born with a low birth weight, often times cow’s milk based formula is required to supplement or replace breast milk. This is not the problem. The problem occurs when companies put profits over people.

    Parent’s Rights AND Children’s Rights

    As a lawyer, we often think back to studying for the bar exam. Particularly studying about family law. A professor once said, if you ever get asked a question about family law and you don’t know the answer, just write “best interests of the child” as many times as you can fit into your answer.

    The reason being…The “best interests of the child” is ALWAYS the right answer.

    As a parent, you want to have control over the raising and upbringing of your child. You put their safety and well-being even before your own. You do your research, you ask the right questions, and you talk to your child’s doctors. Then, you make informed decisions that you believe are in your child’s best interests. But in that process, you must put a lot of trust and faith in others, specifically the companies and corporations that produce products that your child needs.

    Parents put so much pressure on themselves to make the best decisions for their children and their families. But what if the companies they trust are withholding information?

    Similac® and Enfamil® Failed to Warn About NEC Risks

    Abbott Laboratories, the makers of Similac® Products, is a corporation with more than 72 billion dollars in assets. Mead Johnson Nutrition Company, the makers of Enfamil® products, is a corporation with more than 4 billion dollars in assets. Both Abbott and Mead Johnson are (and were) aware of the evidence showing the risks of cow’s milk-based formula and their suspected relationship to infant deaths. These companies chose not to label products with the appropriate warnings. In short, they told parents that they don’t have the right to decide what’s best for their child.

    Baby Formula Lawsuits

    Premature babies may be more susceptible to serious illness or death as a result of the toxic baby formula. A premature infant developing NEC is at an increased risk to develop serious and even fatal medical conditions. When premature babies, or babies with a low birth weight, develop NEC, a potentially fatal gastrointestinal disease, it is important to contact your medical providers.  We are not doctors and cannot treat your child’s injuries or advise of any medical condition.

    Research has linked the use of certain cow’s milk-based formula, such as some Similac® products, to a dangerous condition known as necrotizing enterocolitis (NEC).  According to the Cleveland Clinic, symptoms of NEC can include abdominal pain and/or swelling, changes in heart rate, blood pressure, temperature or breathing, refusal to eat, lack of weight gain, vomiting, diarrhea and bloody stool.

    Companies That Produce Baby Formula Must Be Held Accountable

    The Infant Formula Act was passed by the United States Congress in 1980. It is highly specific and outlines many requirements for the production and sale of formula in the United States. The purpose of this legislation is to prevent unnecessary and avoidable harm to formula fed babies.

    Obviously protecting the lives of our children is of the utmost importance to Americans.  Our children are our future. And every parent in the world understands how much effort is involved in birthing and raising children. However, producing baby formula is something that should be left to experts.

    The FDA warns parents against producing their own baby formula. So as parents, we are forced to trust large and powerful companies with the health and safety of our families.

    What Can We do to Help You and Your Child?

    At Hughes & Coleman, our baby formula lawyers can assess the seriousness of your NEC baby formula lawsuit.  Filing baby formula lawsuits can be difficult. You need the help of an experienced attorney. Our lawyers can help determine if the infant formula that your child consumed is in the affected lots of Enfamil® formula or Similac® formulas.

    A NEC baby formula lawsuit has several components. The basis for most of the suits is that Abbott Laboratories and Mead Johnson knew that the two types of bacteria were an inherent and unavoidable risk in the production of cow’s milk based formulas. Further, they knew that there was an inherent risk of babies, particularly premature infants, for developing NEC when consuming those types of formulas. They knew, but they didn’t tell consumers and parents about this risk.

    Our infant formula lawyers handle Similac® baby formula lawsuits and Enfamil® baby formula lawsuits involving babies who died of or were diagnosed with necrotized enterocolitis after ingesting the formula. Experienced baby formula lawyers can review medical records and assess the legal claim related to your child’s injuries.

    Was your Baby Diagnosed with gastrointestinal issues after consuming formula?

    If your child has ingested any of the affected formulas and suffered injuries, even if those injuries were not life threatening, they might be entitled to a fair and reasonable settlement. Call today for your free case review from our baby formula attorneys.

    Our experienced lawyers can review your child’s claim and determine what course of action would be necessary to pursue a claim against the manufacturers of the affected formulas.

    A case review is easy, and free. There is never any financial risk in calling. We only get paid if we recover money for our clients.

    How to Get Started?

    If you believe that your child has been injured by contaminated baby formula, you need to contact a baby formula lawyer. You need Hughes and Coleman.  As mentioned earlier, parents need to be in control of raising their children, making decisions to help them grow into healthy and productive adults. Baby formula injuries can take that control away. Get it back.

    Remember, Control Starts with a Call! Call Today!

    Hughes and Coleman Injury Lawyers is located at 1256 Campbell Ln #201, Bowling Green, KY 42104. Our Phone Number is 800-800-4600.

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