Product Liability

What Can I Expect from a Baby Formula Lawsuit?

Preterm infants who are given cow-based baby formula can become extremely sick with a condition called necrotizing enterocolitis. As a result, manufacturers behind brands like Similac and Enfamil are facing baby formula lawsuits.  It’s important to schedule a free consultation with an NEC Lawsuit Lawyer to discuss your legal options.

The birth of a child is a joyous occasion for a growing family. Parents should be able to trust that the products they’ve purchased for their children are going to keep their children healthy and safe. For many infants, baby formula is generally safe. While there is an occasional recall for issues such as insufficient iron, or manufacturers come under scrutiny for a failure to recall formulas with metal contaminants, these recalls are rare thanks to significant regulations around infant formula. Still, contaminants and ingredients are not the only dangers parents need to be aware of when they have a newborn child. Specifically, parents of premature infants need to be aware of the dangers of health conditions cow’s milk-based infant formula can lead to in their babies. 

Why is there a Baby Formula Lawsuit?

Thousands of parents are filing NEC lawsuits against the makers of Similac and Enfamil. These lawsuits claim that the manufacturers failed to adequately warn parents about the dangers posed to premature babies who are given cow’s milk-based baby formula. Cow’s milk-based baby formula may cause premature infants to develop a serious condition called necrotizing enterocolitis.

What is Necrotizing Enterocolitis?

According to research, 90% of babies who get NEC are born early, typically before the 37th week of pregnancy. Necrotizing enterocolitis (NEC) is a serious gastrointestinal issue that causes inflammation in the intestines which ultimately leads to the death of the organ’s tissue. It is the most common and most serious intestinal disease among premature babies. 

What Baby Formulas are People Suing Over?

The main formula brands with NEC lawsuits against them are Similac and Enfamil. If your premature infant received any of the following, you might be able to file a baby formula lawsuit.

Similac products given to premature babies that cause NEC may include the following:

  • Special Care
  • Human Milk Fortifier
  • Neosure
  • Alimentum
  • Alimentum Expert Care
  • Similac Human Milk Fortifier Powder
  • Liquid Protein Fortifier
  • Special Care 20,
  • Special Care 24
  • Similac Human Milk Fortifier Hydrolyzed Protein — Concentrated Liquid
  • Special Care 24 High Protein
  • Special Care 30

Enfamil products given to premature babies that linked to NEC may include the following:

  • Enfamil Human Milk Fortifier Acidified Liquid
  • Human Milk Fortifier Powder
  • Enfamil 24 and DHA & ARA Supplement
  • Enfamil Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
  • Enfacare Powder
  • Enfamil Human Milk Fortifier Liquid High Protein
  • Enfamil Milk Fortifier Liquid Standard Protein
  • NeuroPro Enfacare
  • Premature 20 Cal
  • Premature 24 Cal
  • Enfamil Premature 24 Cal/fl oz HP
  • Enfamil Premature 30 Cal

Both of these brands failed parents in ways that led to serious consequences. There were no warnings on labels to inform parents about NEC as a potential baby formula side effect. In addition, these companies failed to give proper instructions or guidelines for their use. We are helping parents receive the compensation they deserve for significant financial loss and emotional distress. If your baby suffered NEC injuries or passed away, please call us at 800-359-5690.

Who qualifies for a Baby Formula Lawsuit?

Because Similac and Enfamil failed to warn consumers about the risks of NEC, these claims are open to any parents who had a premature infant diagnosed with NEC after their baby was given formula. After your baby was discharged from the hospital and you gave your baby Similac or Enfamil at home, contact us. We can help ensure you preserve the evidence needed to prove the connection between baby formula and your child’s illness or death.

In addition, babies are often fed Similac or Enfamil in the hospital. If you are unsure of what your child received, our legal team can help you find out.

How do I know if my baby had NEC?

In many cases, families who lost a child to NEC may not know the cause. If your premature infant passed away, speak with a Baby Formula Lawsuit attorney at 800-359-5690. We will be able to get medical records and have our team of nurses go over the files to find out the cause of your infant’s passing. By holding the parties responsible for the loss of your baby, you may be able to help prevent this from happening to other children. 

Your baby may have had necrotizing enterocolitis if they met any of the following:

  • Born before the 37th week of pregnancy
  • Fed through a tube in the stomach
  • Weighed less than 5.5lbs at birth

Contact our legal team to find out how we can help. 

Should I file a claim against Similac or Enfamil Manufacturers?

Yes. It is important to hold the manufacturers that intentionally withheld information about the dangers of the product accountable if your baby was given cow’s based baby formula and diagnosed with NEC.

Why haven’t these products been recalled?

Enfamil and Similac have not been recalled because of their link to NEC. However, there have been several other recalls

Do I need a lawyer to file a Baby Formula Lawsuit?

Anyone can file a claim, however, because these cases are extremely complex, you want to seek help from an experienced mass torts attorney who has experience handling these types of claims. A victim’s attorney will be able to review medical records and other information to build the case against the manufacturer responsible for your child’s NEC diagnosis.

How much does an Infant Formula Lawsuit Lawyer cost?

A Baby Formula Lawyer from our firm will not charge you any upfront fees. The Carlson Law Firm will only receive a payment if you receive a settlement or judgment. 

How much is an NEC Lawsuit worth?

We are very early in the litigation stages of lawsuits and any projections out there may be wildly off base. There is no amount of money that can undo the pain these companies caused with their negligent behavior. Our team will work tirelessly to get you the compensation you deserve.

Who can I talk to about filing a Baby Formula Lawyer?

A Baby Formula Lawsuit Lawyer from The Carlson Law Firm will be happy to consult with you during a free and confidential case evaluation. Call an NEC Lawsuit Attorney at 800-359-5690 to get answers to your questions.

How long will Baby Formula Lawsuits take?

NEC lawsuits are product liability lawsuits—which can take much longer than the average personal injury lawsuit.

How long do I have to file a lawsuit against Similac and Enfamil?

The statute of limitations can vary from state to state. However, in most cases, there is a limited time to file. If your premature child suffered from NEC, you might be able to file a lawsuit. Contact us now at 800-359-5690 to get your claim started.

Is NEC a common condition in premature infants?

NEC is a common gastrointestinal illness. It affects 1 in 1,000 babies with the greatest risk being for babies who weigh less than 2 pounds. 

The condition rarely affects full-term infants with about 1 in 10,000 full-term babies getting NEC.

What information will I need to provide if I decide to file a Baby Formula Lawsuit?

To file a NEC Baby Formula Lawsuit, you will start by telling your story to one of our legal representatives. During your free consultation, you should feel comfortable asking questions about the legal process and what your attorneys will expect from you. Next, your legal representative will begin the intake process to determine the severity of your infant’s injuries. Then, your lawyer will need a medical history of your child. This is so we can build your case against Abbott Laboratories and Mead & Johnson Company by connecting the dots between the science of cow’s milk baby formula link to NEC and how it affects you and your family.

Finally, we pride ourselves on keeping our clients updated on the status of their cases.

Get the Justice You Deserve

Losing a child is the worst pain a parent can endure. There is no amount of money that can help you heal from the pain you feel. You and your family deserve justice for the loss or lifelong illnesses. Our compassionate team of legal experts can help you hold Similac manufacturer Abbott Laboratories and Enfamil manufacturer Mead & Johnson Company accountable through a Baby Formula Lawsuit.

The Carlson Law Firm

The Carlson Law Firm has been representing and protecting clients in Texas and across the nation since 1976. During this time, we have built a reputation for success and have received numerous awards. Our firm is committed to delivering exceptional service and representation but more importantly, we provide you with an experienced team that has your back, one-hundred percent.

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