If your infant’s health suffered due to NEC baby formula, a product liability lawyer can explain what you need to know. Your lawyer will thoroughly examine your case and consult with medical and subject matter experts. They will fight for the best possible outcome for your case. You may be able to file an NEC baby formula lawsuit.
Premature infants who were formula-fed have recently been diagnosed with necrotizing enterocolitis (NEC), a serious, life-threatening condition. Infants who contract NEC undergo rigorous treatment, sometimes requiring surgery for optimal recovery.
Food and Drug Administration (FDA) Recalled Certain Brands of Baby Formula
In February 2022, Food and Drug Administration (FDA) officials issued a recall on baby formula manufactured in a specific plant located in Sturgis, Michigan. The recall was issued to address contamination of a variety of powdered infant formula.
Recalled brands of formula include:
Enfamil baby formula may also have been contaminated. The lawyer who handles your case will review your product use and purchase history. They will also obtain and review your child’s medical records and consult relevant experts and specialists who can help substantiate your case.
If your baby’s health suffered due to one of the brands of baby formula included in the FDA recall, a personal injury lawyer in your area can help you build a strong case for financial compensation.
Understand Why These Specific Brands Were Recalled
All brands of baby formula named in the recall were manufactured in the same Abbott Nutrition Facility. Affected brands were distributed all over the U.S., though, meaning infants could have been harmed anywhere.
These baby formula brands were recalled because the manufacturing facility was contaminated with Cronobacter. It was found in environmental samples in the manufacturing facility.
According to Centers for Disease Control and Prevention (CDC) data, Cronobacter is a naturally occurring germ that can be found in powdered baby formula. The resulting NEC diagnosis is most frequently made in infants who:
- Are less than two months of age
- Are born before reaching full term
- Have weakened immune systems
NEC symptoms can include otherwise unexplained fever, inability to feed properly, excessive and lethargy. NEC is serious and can be life-threatening.
Determine Whether You Can File an NEC Baby Formula Lawsuit
Lawsuits are being prepared against the manufacturers of contaminated baby formula products. Such cases are intended to hold Abbott Laboratories accountable for their failure to appropriately warn parents and hospitals of the possible risks of contaminated formula.
You could be entitled to compensation if:
- Your child consumed one of the contaminated formulas
- They were subsequently diagnosed with NEC
Pursuing the negligent company on your own can be a daunting, potentially overwhelming legal process. You do not have to understand product liability law or build your case on your own when a local attorney represents you.
How the Statute of Limitations Impacts Your Potential Lawsuit
Like all civil lawsuits, yours is subjected to the product liability statute of limitations in your state. If the appropriate filing deadline is not met, you could:
- Be prohibited from filing your lawsuit at all
- Have your lawsuit dismissed out of hand
If either outcome occurs, you could be left with no legal recourse to compel compensation. In addition, the statute of limitations can vary based on a number of factors of your case.
The statute of limitations is complicated and can be difficult to interpret on your own. It is a critical part of your case, though. Our lawyers can help you file your NEC baby formula lawsuit on time and work to streamline your case.
Potential Compensation You Can Recover
Every infant and their family will be affected differently, so the amount of compensation you are entitled to recover will vary from others. In general, the types of monetary damages you can recover can include:
- Compensation for the affected infant
- Past, present, and future medical care
- Current and future pain and suffering
- Lost income for the child’s parent(s)
- Wrongful death compensation, if applicable
The lawyer who represents you will explain your compensation options. They will also negotiate on your behalf or represent you in court if a fair and appropriate settlement cannot be reached.
Find Out if Your Family Is Entitled to Financial Compensation
Was your infant son or daughter diagnosed with NEC after consuming Similac, Alimentum, or EleCare brand baby formula? If so, our law firm will ensure you are aware of everything you need to know about your potential NEC baby formula lawsuit.
Do not wait. Contact one of our team members at GED Lawyers to evaluate your compensation options today.