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Who Can Be Sued in an NEC Baby Formula Lawsuit?

Whenever an individual is injured by a harmful or defective product, they deserve the right to recover compensation via a personal injury claim–this is especially true for parents whose children have contracted necrotizing enterocolitis (NEC) in the hospital after ingesting cow’s milk-based formulas such as Enfamil and Similac. 

Potential NEC claimants likely have numerous questions about what to do and where to turn, especially when determining who to file a claim against. Let’s take a closer look at possible NEC defendants as well as the tentative timeline for NEC litigation. 

Which Parties Have Been Named in NEC Formula Lawsuits? 

At this point in time, there are two primary manufacturers who are facing NEC lawsuits: Mead Johnson Nutrition, the company behind Enfamil brand formulas, and Abbott Laboratories, the makers of Similac brand formulas. If your child received a different formula, or if you do not wish to bring a claim against the manufacturers, you can also pursue a medical malpractice claim against the hospital your child stayed in, if you feel that they did not properly diagnose and treat your child’s NEC. 

Current lawsuits are still in their infancy, but numerous allegations have been made against these manufacturers, including:

  • Bovine formulas such as Similac and Enfamil significantly increase the risk of premature infants contracting NEC. 
  • Large amounts of money have been spent to market these products, especially to mothers of premature infants. A lot of these advertisements insinuate that mothers should feed their children formula in favor of breast milk. 
  • The warning labels for these formulas are very vague and nondescript, and often don’t include any mention of the risk for NEC in premature infants. 
  • Both Enfamil and Similac brands sell “human milk fortifiers,” which inaccurately suggests that the products are derived from human breast milk when they are in fact made from bovine ingredients. 
  • Even though formula manufacturers are aware of the risks associated with their products, they continue to market and sell their formulas to parents and healthcare professionals around the U.S.  

How Long Do Claimants Have to File an NEC Formula Claim? 

Each state has their own established guidelines as far as statutes of limitations, meaning that claimants have a set amount of time to file suit after their accident. Generally, statutes of limitations hover around 2 to 3 years, but there are a number of exceptions and variations that affect each jurisdiction differently. If you don’t file your claim within the allotted time, you will be ineligible to receive compensation, so the best thing to do is contact an NEC attorney licensed to practice in your state. 

Considering an NEC Claim? Contact VLF Today 

Parents deserve to have all the resources they need to defend their children’s rights, especially in a case involving NEC. If you have questions about a potential claim, or would like to schedule a risk-free consultation with some of the most trusted NEC baby formula attorneys in the country, simply contact the Van Law Firm office nearest you today. We can assess your claim and help formulate the best course of action–call today to get started.