Newborn babies have to adjust to a whole new world of germs and diseases. The last thing you want to do is expose your child to these dangers while supplementing their diets. Unfortunately, cow-milk formula produced by Similac and Enfamil has both caused children to develop necrotizing enterocolitis (NEC) in the past. If you use these products, your child may be at risk.
In releasing dangerous baby formula onto the general market, both Similac and Enfamil have violated the duty of care owed to families across the nation. You can challenge these companies’ negligence in the wake of an NEC diagnosis. Our NEC baby formula lawsuit attorneys can help you draft a complaint addressing baby formula manufacturers’ oversights.
NEC Is Deadly in Newborns
Breastfeeding can prove difficult for infants born prematurely. With that in mind, families can invest in infant formula to try and keep up a newborn’s health until the child’s able to latch. In practice, this process should only bolster a newborn’s immune system. However, the use of cow’s milk can make artificial formula particularly dangerous for newborn consumption.
Formulas released by both Similac and Enfamil have proven to increase a child’s likelihood of developing necrotizing enterocolitis, or NEC. This bacterial infection of a newborn’s gastrointestinal tract can result in widespread tissue decay. If bacteria from a newborn’s GI leaks into the rest of their body, their NEC may prove fatal.
Not every case of NEC is life-threatening. However, infants can face fatal NEC-related injuries, including sepsis. Even babies who survive their NEC can still struggle to digest food or suffer a loss of appetite. Some children may even endure intestinal damage for the rest of their lives.
Studies Link Infant NEC to Enfamil and Similac
The most recent study elaborating on the role cow’s milk plays in the development of NEC debuted in the British Medical Journal in 2021. This study both elaborates on the dangerous nature of the formula and points out a misinformation campaign funded by Similac and Enfamil to obscure information about the dangers of their formulas.
This study builds on previous work released in the Journal of Pediatrics. As of 2013, the journal noted that infants who consumed breast milk or breast milk-based formula developed NEC 90% less of the time than those children who consumed cow-based formula.
These new findings are further based on a study released by Lancet in 1990. This original study established the initial link between cow’s milk and NEC, suggesting at the time that cow’s milk formula made premature newborns 20 times more vulnerable to NEC.
Emphasizing a Failed Duty of Care
The newest NEC study elaborates on Similac and Enfamil’s nearly-three decades’ worth of misconduct in the global marketplace. When referencing this article, families can argue that there is evidence identifying the violated duty of care that Similac and Enfamil were supposed to uphold when serving families across the world.
If you want to take legal action against these parties or another manufacturer of cow’s milk formula, you need to bring evidence of a violated duty of care forward. Fortunately, the world is paying increasingly-close attention to at-risk manufacturers.
This means that it’s easier than ever for an NEC baby formula lawsuit attorney to find the expert-backed evidence needed to support your case.
Pursuing a Lawsuit Against Enfamil and Similac
Parents of children contending with NEC have the right, in light of the aforementioned evidence, to pursue lawsuits against the formula manufacturers allegedly responsible for their child’s condition. It’s easiest to do this with the help of an NEC baby formula lawsuit lawyer. The BIL Group team can specifically discuss how you can:
Join Infant Formula Class Action
As of August 2022, families of children with NEC are continuing to build a class action lawsuit in Illinois. Injured parties are still undergoing discovery, with courts still establishing the guidelines by which all parties must abide when exchanging information relevant to their case. You can work with a BIL group attorney to join this class action today.
Calculate NEC Baby Formula Settlements
At this point in time, families requesting settlements in return for NEC damages have yet to receive their support. However, precedent in the world of medical malpractice lawsuits lets you better understand how you can calculate an estimate of the compensation to which you may be entitled.
In general, you can address economic and non-economic losses when filling out your NEC baby formula lawsuit. In total, these expenses could total up to millions of dollars. There may be some complexities that change the nature of your case – whether you choose to work alone, for example, or as part of a class action. However, our team can hash out the details for you.
Deadlines Applicable to Your NEC Baby Formula Lawsuit
The statute of limitations that applies to your NEC baby formula lawsuit varies depending on what state you’re filing in. So long as you’re an affected child’s parent, however, the deadline is further away than you might think. Most states delay a medical malpractice statute of limitations until two years after a child turns 18.
This means that you have until your child turns 18 to take action on their behalf. After that, your child can file a medical malpractice lawsuit against an offending formula company – at least until they turn 20 or their statute of limitations otherwise passes.
You Deserve Access to Safe Baby Formula
Your child deserves access to safe-to-consume baby formula. You, in turn, shouldn’t have to contend with the consequences of a manufacturer’s negligence – particularly when that manufacturer’s indiscretions are well-known. If you discover that your child has NEC, you can work with the BIL Group NEC baby formula lawsuit attorneys to take your case to court.
Our team wants to give you every opportunity to combat the negligence that resulted in your child’s NEC. For more information on the impact cow-milk-based formula can have on your child’s health and the legal action you can take, contact us. We can discuss your best path forward online or over the phone.