Nothing can be more devastating than finding out that your premature infant has been diagnosed with Necrotizing Enterocolitis (NEC) a few days after birth.
In the spur of the moment, it may seem like the whole world is crashing down on you, and there’s nothing much you can do to save your child from the ordeal. Generally, children who are fed cow milk-based infant formula from Similac and Enfamil suffer from NEC.
Sad to say, some children survive, while others succumb to the disease. Either way, it’s distressing to see your child suffer life-altering complications.
Several parents whose preterm infants were diagnosed with Necrotizing Enterocolitis shortly after receiving cow milk-based formulas are filing lawsuits against the manufacturers. That’s because cow milk-based infant formulas are linked with NEC by medical research.
Parents, at the core, allege that manufacturers knew that formulas fed to infants contribute to NEC but failed to warn the families. In that context, you’re eligible to file a product liability lawsuit against Similar and Enfamil if your child developed NEC after being fed cow milk-based infant formula.
As navigating the legal proceedings is challenging for an ordinary citizen, we decided to put together a guide on the NEC lawsuit. Continue reading to learn everything about the NEC lawsuit so that you can file a compensation claim without trouble.
Table of Contents
Necrotizing Enterocolitis: What is it?
Necrotizing Enterocolitis, or NEC, is a life-threatening gastrointestinal disease that leads to infection and inflammation in the intestine of medically fragile and premature infants. Though many infants recover from this medical condition, it results in serious complications, including lifelong neurological illness.
When low-weight or premature infants suffer from NEC, the wall of their intestines are attacked by bacteria. In the worst-case scenario, colon inflammation can create a hole in the intestinal wall and result in the death of the organ tissue.
Ultimately, the damage caused to the intestinal wall can lead to organ failure, bowel disease, and death.
Baby Formula Brands Named in NEC Lawsuits
Parents of ill or deceased infants have been filing lawsuits against Similac and Enfamil. Below is a quick rundown of the products that have been linked with the NEC condition. If your preterm infant was fed with any of the following and later diagnosed with NEC, you’re eligible to claim compensation:
- Similac Special Care
- Enfamil Human Milk Fortifier Liquid High Protein
- Similac Special Care 24
- Enfamil Premature 24 Cal
- Similac NeoSure
- Similac Human Milk Fortifier
- Similac Alimentum Expert Care
- Similac Special Care 24 High Protein
- Enfacare Powder
- Enfamil Premature 30 Cal
- Similac Human Milk Fortifier Concentrated Liquid
- Similac Alimentum
- Enfamil Milk Fortifier Liquid Standard Protein
- Enfamil 24 and DHA & ARA Supplement
- Similac Special Care 30
- Enfamil Premature 24 Cal/fl oz HP
How Much Is My Baby Formula Lawsuit Worth?
As per TorHoerman Law, the baby formula lawsuit is still in the nascent stages. On top of that, no settlements have been reached as yet with manufacturers, so deciding the NEC lawsuit payout and settlement amounts is difficult.
Nevertheless, settlement amounts for NEC baby formula lawsuits may range between $5,000 and $500,000 or even more than that. The lawyers of TorHoerman Law have guessed it on the basis of product liability lawsuits settled earlier on.
TorHoerman Law has settled over $4 billion in cases and served nearly 50 states. To help parents determine whether they are eligible to file an NEC lawsuit, their lawyers offer free case evaluation.
Who Qualifies to File An NEC Lawsuit?
Anyone who meets the following criteria is qualified to file an Enfamil or Similac lawsuit:
- Your child must have had a premature birth
- Your preterm infant must have been fed Enfamil or Similac products by the hospital authorities
- Your infant must have been diagnosed with necrotizing enterocolitis, fatigue, shortness of breath, abnormal bleeding, bloody stool, bacterial infection, bowel amputation, meningitis, sepsis, or death
Nevertheless, you are eligible to file a product liability claim against Similac or Enfamil even if your child hasn’t been diagnosed with NEC. Any child who has been fed cow milk-based products from the aforementioned brands can recover damages for infection or other illnesses by filing a compensation claim.
NEC Baby Formula Lawsuit: The Takeaway
Parents whose child fell ill soon after being fed Similac or Enfamil cow milk-based formula are eligible to file an NEC lawsuit. By filing a lawsuit, you can claim compensation for the economic damages, such as medical bills, and non-economic damages, like mental anguish caused by the illness.
As NEC lawsuits fall under product liability claims, make sure to file a claim within two years from the date of diagnosis of the medical condition. However, the statute of limitations varies from state to state. That is why it’s best to consult a qualified attorney, as they will guide you better than those with little to no knowledge about legal proceedings.