NEC baby formula lawsuits may provide compensation for infants suffering from necrotizing enterocolitis and their families. Premature infants using formula from cow’s milk are at an increased risk of developing NEC, a condition that can be fatal. Formula manufacturers like Similac and Enfamil may be legally liable to pay compensation to victims.
Can I receive compensation if my baby develops NEC from using formula?
If your baby develops NEC from using formula, you may claim financial compensation. Formula manufacturers may be legally liable on the basis that they did not adequately warn parents of premature infants of the risks involved with using their products. To receive compensation, you must bring a legal claim. An attorney may represent you.
Are there baby formula lawsuits in 2021?
Yes, there will be baby formula lawsuits in 2021. Litigants have filed claims in multiple states. Cases are still in the early stages, and the courts are continuing to receive claims.
What are the legal claims in the NEC baby formula lawsuits?
An NEC baby formula lawsuit may include the following causes of action:
- Negligence – A breach of the general duty of care owed to others in society
- Failure to warn – Product manufacturers have a duty to provide adequate warnings of the dangers associated with a product. They must also provide adequate instruction for use
- Design defects – There are safer available designs or formulas for a product
- Intentional and negligent misrepresentation – Products were marketed as human milk supplements, which consumers did not associate with a cow’s milk product
- Consumer fraud and deceptive business practices – Aggressive marketing aimed at parents advertised cow’s milk as a safe alternative to breast milk
- Loss of consortium – A loss of relationship between family members
- Wrongful death and survival actions – When NEC results in death, surviving family members and representatives may bring legal claims
Because NEC baby formula lawsuits are in the early stages, the courts are still determining what claims are viable. In Hunte v. Abbott Labs (U.S. Dist. Ct. Conn. 3:20-CV-1626), the judge dismissed negligent and intentional misrepresentation claims, breach of express warranty, and violations of the Connecticut Unfair Trade Practices Act. However, the court allowed claims for failure to warn, design defect, negligence, and loss of consortium to proceed. Litigants should pay careful attention to pleading documents and developments in the law as litigation develops in courts throughout the United States.
What laws apply to NEC baby formula lawsuits?
There are multiple bodies of law that may apply to NEC baby formula lawsuits:
Food and Drug Administration Infant Formula Laws
U.S. Code Title 21, Chapter 1, Subchapter B, Part 107 governs infant formula packaging. § 107.10 requires manufacturers to place nutrient information on labels in table format, providing information about calories, fat, vitamins, minerals, and more. § 107.20 requires the label to have directions for preparation and use storage instructions and a statement that the infant’s health depends on carefully following directions for preparation and use. However, § 107.50 exempts some formulas from regulations.
The FDA infant formula laws may be significant in NEC baby formula litigation because manufacturers may assert that compliance with FDA law is a complete defense to allegations of inadequate labeling. Plaintiffs should be prepared to counter these arguments.
State Defective Product Laws
Product liability laws hold manufacturers accountable when they develop unsafe products. Several specific types of claims may fall under product liability law, including negligence, strict liability, and breach of warranty. While many state laws are grounded in common law, there may also be specific statutes that apply.
State Consumer Fraud Laws
In addition to the body of law addressing defective products, state consumer fraud laws may apply. NEC baby formula lawsuits involve the sale of goods. Consumer fraud laws may provide additional protections to victims.
What is necrotizing enterocolitis?
Necrotizing enterocolitis is the inability of the intestines to process food. Bacteria lingers in the intestines and may cause indigestion, infection, sepsis, and death. Premature infants who drink artificial formula made from cow’s milk are especially at risk of developing necrotizing enterocolitis.
Does Similac cause NEC?
According to a study published in the National Library of Medicine, premature infants fed formulas like Similac are 6-10 times more likely to suffer from NEC than premature infants who are breastfed. Even using a combination of breast milk and artificial formula makes an infant three times more likely to develop NEC. While the reason why premature infants have a higher rate of NEC after using formula is not apparent, there is a confirmed link between the formula and harm to infants.
Is NEC fatal?
Yes, NEC can be fatal. Despite the known risks, manufacturers continue to spend large sums to market their products to unsuspecting parents. In the Miller, Butler & Page v. Mead Johnson Nutrition Company & Abbott Laboratories claim, filed June 3, 2021, two of the victims are infants who lost their lives shortly after using the infant formula.
Do I need an attorney for an NEC baby formula lawsuit?
Baby formula lawsuit claims are complex. They involve victims that suffer long-term damages and even death. The baby formula manufacturers employ a team of lawyers to fight for their sales and bottom line. You need an attorney to help you fight back.
An attorney representing you may help with the following:
- Understanding the legal actions that may be viable
- Determining what compensation to claim
- Answering questions of jurisdiction and venue
- Handling the multi-district litigation process
- Identifying differences in state law claims and the role that they may play in how you pursue your case
- Responding to any motions to dismiss and other civil procedure actions
- Drafting court documents
- Speaking at court hearings
- Gathering medical evidence and presenting it in a clear format
- Settlement negotiations
There are many steps involved with getting a fair settlement for an NEC baby formula claim. On your own, it may be impossible to navigate these requirements – and any one mistake can result in the dismissal of the case. An experienced attorney can identify and handle these steps on your behalf, always working to maximize your compensation and hold manufacturers accountable for their actions.
Bobby Jones Law – NEC Baby Formula Lawsuit Attorneys Taking New Cases
Robert “Bobby” Jones prides himself on attention to detail. He has the experience and hard work to take complicated cases and succeed. Bobby Jones Law focuses on representing individuals in a variety of injury cases. They are accepting new NEC baby formula lawsuit claims.
Since founding his law firm, Bobby Jones has recovered more than $40 million in compensation for his clients. He is a member of the Million Dollar Advocates Forum and is recognized by South Carolina Leadership in Law 2021. He is a ready and capable advocate to help families who have been impacted by necrotizing enterocolitis.
When you work with Bobby Jones Law, you can expect professional and compassionate representation aimed at helping you achieve a positive legal experience. Bobby Jones will work tirelessly and diligently to be your trusted advocate working towards justice for you.
Free Consultation NEC Baby Formula Compensation
If your child developed necrotizing enterocolitis after using Similac, Enfamil, or another cow milk infant formula, we invite you to contact our law firm for your free consultation. Let our attorneys explain the law, how to pursue compensation and what your case may be worth. See how we might represent you to hold manufacturers accountable and receive fair compensation. Contact us today.