Reasons Why People File Baby Formula Lawsuits
Premature babies or underweight ones often need an extra boost to develop into healthy beings. To address their low weight, doctors recommend formula milk for these babies.
And, this works in most of the cases, especially if the infant won’t breastfeed. This is an absolutely wonderful choice. However, we cannot always expect this choice to be the safest. According to a recent research report, more than 80 NEC formula lawsuits have been reported.
Let’s talk about this in detail.
According to studies and research reports, a few cow’s milk-based infant formulas have been linked to a lethal gastrointestinal disorder, necrotizing enterocolitis. This deadly condition is known to cause the intestinal wall to become inflamed to the extent that it gets destroyed.
What's Going on?
Abbott Laboratories and Mead Johnson & Company, two of the leading formula manufacturers, are found guilty of manufacturing Similac & Enfamil respectively without the warning labels to advise the users of the risks to the infants.
NEC lawsuits have been filed against these manufacturers, alleging that they knew about the risks, but did not act towards warning the public. This caused severe ailments and even death to preterm babies. Here are some tips on how to file a lawsuit for baby formula injuries.
It has even been claimed that the companies chose to ignore well-established scientific evidence that their cow-based milk formula is the potential cause of NEC. They even went as far as to claim their products superior to breast milk.
What’s the Link Between Baby Formula & NEC?
Even though the main cause of this lethal disorder is not well-established yet, medical experts all across the globe second the fact that feeding infant formula to premature babies can enhance the risk of developing the disease.
The cells lining the lumen of the normally functioning intestines are responsible for absorbing nutrients and releasing them to the rest of the body through the lymphatic system. These cells have a tight juncture between them that prevents bacteria and toxins from escaping into the other body parts.
These junctures can be broken down by formula, allowing the bacteria to invade the intestinal wall. This further causes an inflammatory response, leading to the intestine’s rupture.
Infant Formula Lawsuit - What’s Involved?
If your premature baby developed NEC after being fed cow’s milk-based formula, you have the liberty to take legal action. However, before you can file the lawsuit, your attorney will be required to collect information to support your claim that your baby’s NEC is the result of a formula.
Medical records, receipts or other documents from your side will be a testimony to your allegation. Once you are done answering all the questions regarding your child’s injury and the attorney has all the information, a legal document will be filed with the court containing the details of the injuries you’ve suffered.
Once the lawsuit is filed, your attorney is supposed to interact with the attorneys representing the defendants and the court to resolve the matter. Your case will proceed to a jury trial if the attorneys cannot reach a settlement.
The Bottom Line
If you are one of those milion parents whose baby suffered injuries or unfortunately death due to formulas, you can reach out to an attorney. They will answer all your questions and help you determine whether to file a lawsuit.