April 19 2022 | Personal Injury Lawyer Blog
  • Baby Formula Lawsuit

    Necrotizing Enterocolitis Lawsuits

    In 2022, several baby formula manufacturers of infant formulas have issued recalls due to a risk of NEC, or Necrotizing Enterocolitis.

    Many lawsuits have already been filed against the manufacturers of infant formula products. Abbott Laboratories and Mead Johnson nutrition, the makers of Similac® and Enfamil® formula, respectively, are the primary defendants in these claims.

    Baby Formula

    Formula feeding is very much the norm for most babies in the United States. Particularly with premature babies, infant formula is often necessary to supplement the feed. Many preterm babies cannot thrive on only human breast milk.

    In addition to this, premature babies are at an increased risk for a number of illnesses and diseases. This is why many premature infants spend time in the neonatal intensive care unit (NICU). NEC in premature infants can be life threatening. Preterm infants and low birth weight infants are also at a greater risk of Failure to Thrive, which is defined as slow physical development in a baby or child. Thus, these children need their caloric intake supplemented with cow milk formula products.

    Cow Milk Formulas

    Infant formula is not made from human breast milk. Most baby formula brands produce their infant formula using cow’s milk. Cow’s milk-based formula is made by altering the cow’s milk to be more like human milk. This specialized powder, in theory, is safe and contains all of the necessary nutrients and caloric value needed to sustain a newborn or premature baby. However, certain bacteria, particularly Cronobacter Sakazakii and Salmonella Bacteria, can live in and on the dry powder of cow’s milk-based formulas.

    Premature babies are usually fed infant formula to supplement their nutrition intake. Cow’s milk formulas are very beneficial for premature infants and infants with low birth weights. Any premature infant can develop NEC, but infants fed cow’s milk-based formula are more likely to develop the condition than human milk fed (breastfed) babies. This warning should be present on the packaging of cow’s milk based baby formulas such as Similac® and Enfamil®. Parents have the right to know about the risks of baby formula injuries, just like they have the right to know about any risks having to do with their child. In particular, they definitely have the right to know what they are feeding their babies.

    Was Your Child Fed Similac® or Enfamil®?

    One of the biggest issues in the ongoing NEC Infant formula lawsuits is that the manufacturers of these cow’s milk-based formulas and other products (such as human milk fortifier) knew of the risk that Cronobacter Sakazakii and Salmonella Bacteria could live in the dry infant formulas. Despite knowing the realities and the risks, these companies neglected to properly warn consumers and parents that were buying their products. That’s a little bit like them telling you they know what’s best for your child, even more than you do.

    Necrotizing Enterocolitis (NEC)

    But what exactly is Necrotizing Enterocolitis (NEC)? It is a condition that mainly affects preterm babies that are fed baby formula instead of their mother’s breast milk. In this condition, bacteria attack the baby’s intestinal tissue, which can be harmful and/or even fatal. Symptoms, according to WebMD, include swollen or bloated abdomen, food not moving through the digestive tract, greenish fluid building up in the stomach, blood in stool, labored breathing, decreased heart rate and lethargy.

    This condition can be treated, however. A premature infant developing NEC can be a lifelong battle, as another risk of NEC is the prospect of future injuries and medical care. Some formula fed babies that develop NEC will need future medical care. Even if successfully treated, this condition can cause intestinal scarring and lead to future bowel obstructions or blockages.

    Occasionally, the treatment can include the removal of a large portion of the intestine which can cause poor nutrient absorption in the developing child. In the most serious cases that are not fatal, the child may have to have an intestinal transplant.

    If your baby developed NEC after ingesting cow’s milk-based formula then you need to keep reading, as you many need an attorney to help you file a baby formula lawsuit.

    NEC baby formula lawsuits

    As mentioned, Necrotizing Entercolitis (NEC) can cause very serious and/or fatal issues for premature infants. Medical bills and expenses can pile up very quickly.

    Obviously, as a parent, your first priority is making sure your child survives and thrives. That is why you take your pediatrician’s advice, and that is why you spend extra money on expensive formula products to begin with.

    A baby diagnosed with NEC may have lifelong complications. They may have future medical expenses and care. The child may be dealing with intestinal and nutritional issues well into adulthood.

    You need a law firm that has experience in taking on big companies. Abbott laboratories, makers of Similac®, is a company with assets worth over 70 billion dollars. The makers of Enfamil® baby formulas, Mead Johnson, have over 4 billion dollars’ worth of assets. Our lawyers can help fight these massive corporations and even the playing field for you child.

    Baby Formula Lawsuits

    Lawsuits can be complicated and time consuming. Do not do this alone. Hire a trusted law firm with experience in taking on big companies. Most cases settle out of court, and if that is in your child’s best interest then that is the course of action we will pursue. And if the makers of the formula that injured your child refuse to offer a fair and reasonable settlement, we will fight them in court. And we fight to get the compensation our clients deserve.

    Our team of experienced trial attorneys are skillful negotiators and litigators. They can help you manage the stress of the most stressful of situations. They’ve seen it all and they can help you understand the process, make sure that you are in control of your family’s well-being, and help make sure that you are in control of your child’s future.

    Who We Are

    Hughes & Coleman Injury Lawyers is an injury law firm focused on Plaintiffs, fighting for the justice and financial compensation they deserve after they have suffered injuries at the hands of others. We handle infant formula lawsuits, medical malpractice lawsuits, slip and fall lawsuits, auto accident lawsuits and much more. Contact our baby formula attorneys today.

    Our team works tirelessly from the first call until the conclusion of our representation. We can handle the stressful aspects of a claim such as requesting and locating medical records, coordinating expert consultations, and determining the proper course of action. In some cases, filing baby formula lawsuits may be a necessary step to securing justice for your child.

    No amount of money is ever going to change what happened to your precious child, but holding companies that you trusted accountable for their failures is something that we can do for you. A good recovery for your child can ensure their access to and ability to pay for the future medical care that they might need. Do not hesitate. Call now.

    We are located at 1256 Campbell Ln #201, Bowling Green, KY 42104. Our phone number is 800-800-4600. Call today for a free case evaluation. There is never a fee unless we recover money for your claim. Get it done.


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