In the United States, many parents are launching legal proceedings against the companies Abbott and Mead Johnson, manufacturers of Similac and Enfamil baby formula respectively.
Today we look at why these big manufacturers are held liable for not disclosing the risks of their products and whether you can have a claim against them.
Are you eligible for a claim?
The first few weeks after a baby is born are the most difficult, especially when the baby is born prematurely and is potentially exposed to additional risks.
Premature babies often do not accept breastfeeding. Hospitals generally substitute cow’s milk-based infant formula in these cases.
Scientific studies show that premature infants fed formula are more likely to develop necrotizing enterocolitis (NEC).
Studies indicate that bovine-based formulas have a much higher risk of causing NEC than other formulas.
If your baby was born prematurely and was fed Similac or Enfamil formula in a hospital and your baby developed NEC, you may be eligible for infant formula lawsuit claim all costs incurred and losses suffered, including death.
What is necrotizing enterocolitis of the newborn?
Inflammation of a baby’s colon can damage and kill the tissue. It is a serious illness in newborns. Inflammation can lead to perforations in the walls of the colon or intestine. The contents of the stomach then seep into the surrounding areas and infection ensues very quickly. This often leads to significant complications and can even lead to death.
NEC is more common in premature babies and very sick babies. There is strong evidence that premature babies fed Similac or Enfamil are much more likely to develop NEC than babies fed other alternatives.
Medical landscape states that “NEC is more prevalent in premature infants, with an incidence inversely related to birth weight and gestational age. Although specific figures vary from 4% to over 50%, infants who weigh less than 1,000 g at birth have the highest attack rates.
Why should I have the right to complain?
Infant formula developers typically spend millions on research and development of their products for the end user. During this time, they become aware and must test the risks associated with their products.
There is a duty to disclose all risks to clients to facilitate informed decision-making. It is common knowledge in the medical field that there are significant risks in giving cow’s milk formula to premature babies. Yet manufacturers, distributors, hospitals and doctors continually fail to warn parents of the dangers, despite their knowledge of the risks.
As a parent, you have the right to expect that infant formula is safe and effective. In cases where this is not the case and injury or even death results, you have the right to seek compensation.
Potential legal action lies with anyone who has not benefited from full disclosure. Therefore, a thorough assessment by a lawyer is the first step in handling your claim.
How much would legal action cost me?
Some law firms will pursue your claim on what is called a “contingent basis.” In other words, they will only charge you for their work if they are successful in your claim. If the claim is unsuccessful, you will not have to pay any legal costs.
Summary
If your baby was premature, was formula-fed Similac or Enfamil, and was subsequently diagnosed with NEC, you have a limited time frame to apply. It is therefore essential to act as soon as possible.