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Are You Eligible for a Necrotizing Enterocolitis (NEC) Baby Formula Lawsuit?

Every parent whose child is born prematurely will understandably feel a variety of emotions, including fear, stress, and anxiety. Whenever a child is admitted to a Neonatal Intensive Care Unit, or NICU, they receive round-the-clock care and attention, especially with regard to their diet and nutrition. For years, healthcare professionals have given cow’s milk-based formulas such as Enfamil and Similac to premature infants to help bolster their digestive and immune systems while they grow.

Unfortunately, however, this practice has been shown to cause serious side effects, most notably the gastrointestinal condition known as necrotizing enterocolitis (NEC), which can be fatal in some cases. NEC baby formula lawsuits are starting to pile up, but many potential claimants may be wondering how these claims work, or if they are eligible at all. We will address these questions below, but it’s important to note that the experienced NEC baby formula attorneys from Van Law Firm are the best resource for any NEC-related questions. Simply call our office nearest you today to schedule a risk-free consultation and case review. 

Determining NEC Lawsuit Eligibility

At this time, NEC baby formula litigation is still in its infancy (no pun intended), so the eligibility requirements have not yet been definitively determined. However, our attorneys are currently pursuing cases in which: 

  • The child in question was born prematurely 
  • They were given cow’s milk formulas such as Similac or Enfamil while in the NICU 
  • They were subsequently diagnosed with NEC 
  • The family suffered demonstrable damages as a result of NEC complications

Claimants should note that NEC cases are just like any other injury claims in that the severity of child’s complications will largely determine whether or not a claim is accepted–most successful claims will involve surgeries or wrongful deaths. 

Has a Class Action Lawsuit for NEC Baby Formula Been Formed? 

No–at this time, there is no class action lawsuit or multidistrict litigation (MDL) in place for NEC formula claims. Litigation is just getting underway, and the number of claims continues to increase. Before long, NEC attorneys will request to form an MDL that will unify all federal NEC lawsuits so that they are under one judge. 

NEC Baby Formula Lawsuits in State Courts

There are multiple avenues through which NEC victims can pursue a claim, such as product liability, wrongful death, or medical malpractice. As such, some of those claims will circumvent the federal MDL and proceed as separate claims under state courts. While no timetable is set at this time, these individual claims are expected to be the first suits brought against Similac and Enfamil. 

Has a Recall Been Issued for Enfamil or Similac Formulas? 

At this point in time, a recall has not been issued for cow’s milk-based formulas like Similac and Enfamil, and there likely won’t be one in the future either. The reason for this is that the lawsuits aren’t alleging that the formulas are fully defective–instead, they argue that there is not adequate warning about the potential risk of NEC for premature babies specifically. Thousands, if not millions of full-term babies drink these formulas with little to no complications, so a full recall is largely unnecessary.  

Connect With Trusted NEC Baby Formula Attorneys Today 

If you’ve got questions about a potential NEC claim, don’t hesitate to contact the award-winning NEC baby formula attorneys from Van Law Firm today. We’ve defended the rights of accident victims for nearly ten years now, and there’s no better indicator of our success than the 500+ 5-star reviews our clients have given us so far. If you’re ready to hold negligent manufacturers accountable for the harm they’ve caused to your family, call our office nearest you to schedule a free, confidential consultation.