Many parents in the United States are filing lawsuits against the Abbott and Mead Johnson companies, makers of baby formulas such as Similac and Enfamil.
Today we consider why these major manufacturers are being held responsible for failing to disclose the risks of their products and whether you may have a claim against them.
Are you eligible?
The first few weeks after a baby is born are the most difficult, especially if the baby was born prematurely and may face additional risks.
Premature babies often do not like breastfeeding. In these cases, cow’s milk-based baby formula is commonly used in hospitals as a substitute.
This is what scientific studies show Preterm infants receiving formula are more likely to develop necrotizing enterocolitis (NEC).
The studies suggest that bovine formula has a much greater risk of developing NEC than other infant formulas.
If your baby was born prematurely and was given either Similac or Enfamil formula in a hospital and your baby developed NEC, you may qualify for treatment Baby food lawsuit To be entitled to all costs incurred and losses suffered, including death.
What is Necrotizing Enterocolitis in Newborns?
Inflammation in the baby’s colon can damage and kill the tissue. This is a serious illness in newborns. The inflammation can lead to perforations of the colon or intestinal walls. The stomach contents then leak into the surrounding areas and an infection occurs very quickly. This often leads to significant complications and can even lead to death.
NEC occurs most often in premature and very sick babies. There is strong evidence that premature babies fed Similac or Enfamil formulas are far more likely to develop NEC than babies fed other alternatives.
Medscape notes that “NEC is more common in premature infants, with incidence inversely related to birth weight and gestational age.” Although specific figures range from 4% to over 50%, infants weighing less than 1000 g at birth have have the highest seizure rates.”
Why should I have a right to claim?
Baby food developers typically spend millions on research and development of their end-consumer products. During this time, they become aware of the risks associated with their products and must review them.
There is a duty to disclose all risks to customers to enable informed decision making. It is well known in medicine that feeding cow’s milk formula to premature infants is associated with significant risks. Yet manufacturers, retailers, hospitals and doctors continually fail to warn parents of the dangers, even though they are aware of the risks.
As a parent, you have the right to expect that baby formula is safe and effective. In cases where this is not the case and injury or even death occurs, you have the right to take legal action.
A potential legal claim exists for anyone who has not benefited from full disclosure. Therefore, a thorough assessment by a legal specialist is the first step towards enforcing your claim.
How much would it cost me to make a legal claim?
Some law firms will pursue your claim on what is known as an “event basis.” In other words, they will only bill you for their work if they are successful in your claim. If the lawsuit is unsuccessful, you will not incur any legal fees.
Summary
If your baby was born prematurely, was fed either Similac or Enfamil formula, and was subsequently diagnosed with NEC, you have a limited period of time to make a claim. It is therefore important to act as quickly as possible.