News > Why Are Lawsuits Being Filed Over Baby Formula Causing NEC?
Why Are Lawsuits Being Filed Over Baby Formula Causing NEC?
Parents of premature infants are filing baby formula lawsuits against makers of Similac and Enfamil. In the lawsuits it is claim that manufacturers didn’t warn that these cow’s milk-based formulas could lead to serious gastrointestinal problems in premature infants that may causes to death of the baby.
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Why Are People Filing Baby Formula Lawsuits?
Parents are filing lawsuit to Enfamil manufacturer Mead Johnson and Similac manufacturer Abbott Laboratories because they know that their baby formula products could cause necrotizing enterocolitis (NEC) in premature infants which can result into death of the premature infant. Manufacturers who work on these products failed to warn parents and medical providers about the risk.
NEC is a serious gastrointestinal condition which results into intestinal tissue death and may be fatal in as many as 50% of cases. The result of this is it causes intestinal inflammation that may cause holes in the intestine. Bacteria from the intestine can leak into the abdomen or blood, causing serious illness or deadly blood infections.
According to one research preformed in back 1990, a study in Lancet revealed that NEC was up to 10 times more common in premature babies given formula. Since then, many more studies have linked cow’s milk-based formula to a higher risk of NEC in premature infants, according to baby formula lawsuits.
We all know having a baby should be a joyous time for a family. Parents wish for the best of future. But the first few weeks or months can be stressful, also in more so if the baby was born prematurely and treated in a NICU. As parents and guardians they ensure a new baby gets all of the nutrition it needs to be healthy is crucial. While studies have shown that breast milk is better for premature babies but in few conditions baby formula is the only option, or needed to supplement breastfeeding. But there are clear dangers with cow-based formula or different products, especially when given to premature babies.
According to the lawsuit, when a preterm infant is given cow-based baby formula and gets sick as a result, healthcare providers and manufacturers who are aware from the results may face legal claims for medical negligence and product liability. If they didn’t adequately warn consumers or doctors of the risks, those involved may be held liable. Such is the case in the lawsuit against Abbott and Mead Johnson & Company, LLC, who makes the baby formula, Similac.
Here is one news in which the wrongful death lawsuit was filed by parents of a preterm baby in California who was given Similac in the NICU, developed necrotizing enterocolitis, and died from the disease just 16 days after birth. They claim the risk of Similac baby formula causing NEC wasn’t properly disclosed on its packaging, in its warnings, or on other materials which causes to death.
Studies have shown that certain types of baby formula increase risks of necrotizing enterocolitis (NEC). Also when a baby is fed bovine-based baby formula, the risk of necrotizing enterocolitis is even greater, adding another layer of complications for infants. As parents it is important to know your legal rights when your baby gets sick from a product, or the worst happens.
The claim against Similac was not the first baby food lawsuit to make headlines but in February 2021, there were reports of more than 80 lawsuits against manufacturers of baby food after poisons were found, including arsenic. The neurotoxic effects of the discovered poisons can be fatal and cause significant damage to brain development.
Why are Premature Babies at Greater Risk of NEC?
Premature babies are at risk of immediate and lifelong struggles because their organs are not mature when born as results in it face respiratory, cardiac, gastrointestinal, and immunological morbidities and deficiencies. Babies are considered to be premature when they’re born before 37 weeks gestation which is results in serious condition that can be life-threatening.
Many premature babies are unable to successfully breastfeed because they are not strong or big enough to do so which results in they often need additional nutrition to promote healthy growth and development, and to survive. To complete the lack of this, it needs substitute with baby formula, much of which is cow-based.
But studies over the last few decades have clearly shown the increased risk of NEC and that cow-based formulas present even greater risks. That’s why the proper warnings are needed to ensure parents and doctors make informed decisions.
Almost a decade ago, the American Academy of Pediatrics recommended breastmilk should be exclusively fed to infants for the first six months of their lives. While many premature babies struggle with breastfeeding, in this case donated breast milk is one solution.
Now the question us who can file NEC lawsuit? So the parents who had a premature infant diagnosed with necrotizing enterocolitis after using products like Similac or Enfamil then they can file a baby formula lawsuit for potential compensation.
The wrongful death lawsuit against Similac for its baby formula has brought to light and highlighted the role food companies have in a new baby’s life. If NEC risks associated with formula for preterm infants aren’t clear, or a doctor doesn’t communicate the risks to parents, there may be grounds to hold them accountable and seek justice.
It is possible that your baby may have been fed by Similac or Enfamil in the hospital. If you are unsure, your lawyer may be able to help you find out. Make sure you provide the name of the hospital and the hospital’s location.
It is also possible that after your baby was discharged from the hospital, you may have fed your baby a Similac or Enfamil formula product that’s why lawyers encourage parents to keep any receipts, proof of purchase, packaging or boxes from the formula for evidence.
Conclusion- If your premature baby consumed baby formula in the hospital or somewhere, let us know, we at Lawyer4help take care of the rest.