NEC Lawsuit Formula For Infant: When you buy a product in the marketplace or a supermarket, the thought that the product you buy will cause you harm is hardly ever in your mind. As with many other buyers, you are often confident that the product you buy will do precisely what the manufacturers say it does.
This was the same perception for baby formula customers who had been informed of the necessity of baby formula to supplement the diet of underweight or prematurely born children. All of this changed when it was established that baby formula could cause life-threatening conditions in children, mainly when it is derived from cow’s milk. This condition is known as NEC.
What is NEC
Necrotizing enterocolitis, or NEC, is a disease that primarily attacks the intestines of babies born prematurely. The disease often occurs in the first two weeks after birth if the baby is fed baby formula containing cow’s milk. After consuming the milk, the walls of the intestine get infected by bacteria which causes inflammation of the walls of the intestine.
As a result, cracks and sores may develop, leading to serious infection if the bacteria get in. In severe cases, patients may succumb to the condition. Since premature babies are not well developed, doctors argue that the condition develops because they cannot break down the food quickly and fight diseases. Some symptoms include a bloated or swollen stomach, bloody bowel movements, and green fluid in the stomach.
NEC and Similac
The relationship between baby formula and NEC is often the subject of any NEC lawsuit. Research has indicated that prematurely born babies fed an exclusive diet of baby formula in their first few weeks were more likely to develop NEC than others.
As such, it has been established that many baby formula providers who use cow’s milk in their products, including Similac and Enfamil, could increase the risk of getting the disease. You can learn about child diagnosed with NEC due to enfamil’s products here.
Filing a Suit
In case you have realized that your child has some of the symptoms above and has been fed on Similac or Enfamil, it may be essential to have the child examined by a doctor. If the doctor identifies that NEC has developed, you are entitled to file a lawsuit seeking compensation for the damage sustained after consuming the baby formula. The procedure for filing a lawsuit varies from state to state. Therefore, it will be essential for you to seek the services of a lawyer who can file the suit on your behalf.
It is also essential for you to ensure that you have all the medical records that indicate that the child fed on baby formula during their first weeks and the medical records showing that the child developed the condition. These records can be instrumental in proving your case against the product manufacturers.
Claims To Be Made In The Lawsuit
In cases involving NEC and bay formulas, lawyers can approach different angles when making a claim. Some lawyers use an approach that addresses a field of law referred to as product liability. In product liability cases, the plaintiff can claim against the producers of a product for the damage the product caused.
There are three categories of product liability cases: design defects, manufacturing defects, and defects in marketing. Design defects are commonly used in NEC cases. In design defects, you can claim that the product was defective since it had cow’s milk when the cow’s milk has been proven to be dangerous to premature children. By continuing to use the cow’s milk, the company could be liable for negligence or even wrongful death in instances where the child succumbed to the disease.
While manufacturing defects are rarely involved in NEC lawsuits, defects in marketing could apply. Manufacturers of a product have a duty to warn the consumers of the risks associated with the product and any possible health concerns that may arise. Since the manufacturers failed to provide such a warning, they could be liable.
Remedies and Damages
After establishing that the manufacturers of the baby formula are liable for the conditions that occurred due to the consumption of the formula, the next step would be seeking legal remedy and damages.
In baby formula-related NEC cases, juries have been known to give different amounts as compensation. Juries give high awards in such cases, even going up to $750,000 in damages for children having sustained this condition. The damages could include economic losses such as treatment costs, which medical records and receipts should prove. Alternatively, you can seek damages for the pain and suffering the child had to endure even as a result of the condition. Notably, juries can even award damages in instances where the patients recovered.
Product manufacturers have a critical responsibility to the consumers of their products to keep them from harm caused by consuming them. Manufacturers should not take this responsibility lightly when the consumers are vulnerable children. Therefore, if your child was placed on a cow’s milk baby formula diet, your child ought to be compensated for any damages. You should know that many parents have successfully sued for formula-related NEC suits. Get a lawyer with the experience to help you in your case.