Many parents in the United States are launching legal claims against companies Abbott and Mead Johnson, manufacturers of Similac and Enfamil baby food formulas, respectively.
Today, we consider why these large manufacturers are being held accountable for failing to disclose their products’ risks and whether you may have a claim against them.
Do you qualify to claim?
The first couple of weeks following the birth of a baby are the most challenging, especially when the baby has been born prematurely and potentially faces additional risks.
Often premature babies do not take to breastfeeding. Hospitals typically substitute using cow’s milk-based baby formula in these cases.
Scientific studies show that premature infants fed formula are more likely to develop necrotizing enterocolitis (NEC).
The studies indicate that bovine based formulas pose a much greater risk of causing NEC than other formulas.
If your baby was born prematurely and was fed either Similac or Enfamil formula in a hospital and your baby developed NEC, you could qualify for a baby formula lawsuit claim for all costs incurred and losses suffered, including death.
What is Necrotizing Enterocolitis in newborns?
Inflammation in the baby’s colon can damage and kill the tissue. It is a severe illness in newborns. The inflammation can lead to perforations in the colon or intestine walls. Stomach contents then leak into the surrounding areas, and infection ensues very rapidly. Often this results in significant complications and can even result in death.
NEC is most common in premature babies and very sick babies. There is strong evidence that prem babies fed with Similac or Enfamil formula are far more likely to develop NEC than babies provided with other alternatives.
Medscape states that “NEC is more prevalent in premature infants, with incidence inversely related to birth weight and gestational age. Although specific numbers range from 4% to more than 50%, infants who weigh less than 1000 g at birth have the highest attack rates.”
Why would I have a right to claim?
Developers of baby formula typically spend millions on research and development of their products for the end-user. During this time, they become aware of and must test for risks related to their products.
There is a duty to disclose all risks to customers to facilitate informed decision making. It is common knowledge in the medical field that there are significant risks in feeding cow’s milk-based 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 a right to expect that baby formula is safe and effective. In cases where this is not the case, and there is resultant injury or even death, you have a right to seek legal redress,
A potential legal claim lies with anyone who has not had the benefit of full disclosure. Therefore, a thorough assessment by a legal specialist is the first step in pursuing your claim.
What would it cost me to pursue a legal claim?
Some law firms will pursue your claim on what is known as a “contingency basis”. In other words, they will only charge you for their work if they are successful with your claim. If the claim does not succeed, then you will incur no legal costs.
If your baby was premature, was fed with either Similac or Enfamil formula and was subsequently diagnosed with NEC, you have a limited period within which to claim. Therefore, it is essential to act as soon as possible.