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» Toxic Baby Formula NEC Lawsuit Update January 2023 | NEC Formula Lawsuit
TorHoerman Law - The Premier Toxic Baby Formula NEC Lawsuit Attorneys
Toxic baby formula has been linked to a sometimes fatal gastrointestinal disease in premature babies.
If your child received baby bovine-based (cow’s milk) baby formula in the maternity ward or NICU of a hospital, or you received bovine-based formula as a present from the hospital, and your child was subsequently diagnosed with necrotizing enterocolitis (NEC), you may be eligible to file a toxic baby formula lawsuit.
Contact an NEC injury lawyer from TorHoerman Law today to receive a free instant online case consultation or use our chatbot to get an instant online case evaluation and find out if you qualify right away.
Necrotizing enterocolitis is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy (premature babies).
It creates intestinal inflammation, causing cells to die and holes to form.
This then allows harmful and potentially deadly bacteria to leak in and infect the intestines.
The Toxic Baby Formula NEC litigation is ongoing, and lawyers across the country are still accepting new clients and filing claims on their behalf.
Bellwether trials are currently being selected from the cases consolidated in multidistrict litigation (MDL 3026). Cases are continually being consolidated in the MDL, and our lawyers encourage any person who may be impacted by toxic baby formula to reach out for legal guidance.
Visit this page for more updates as they become available.
Contact TorHoerman Law for a free consultation, or use the chatbot on this page to see if you qualify for a Toxic Baby Formula NEC lawsuit instantly.
The Toxic Baby Formula NEC Lawsuit is ongoing and lawyers across the country are continuing to gather clients and file claims.
Lawyers are now in the process of selecting cases for potential bellwether trials. There is not yet a date selected for these bellwether trials to begin as there are multiple procedural steps to go through in order to prepare these cases for trial.
Visit this page for more updates as they become available.
The Toxic Baby Formula Multidistrict Litigation (MDL 3026) is growing, with an average of about 30 cases added per month. The MDL is centralized in the U.S. District Court: Northern District of Illinois.
Information on settlement amounts and such are still yet to be known. Check this page for further updates as they become available.
The Toxic Baby Formula NEC litigation is ongoing. Across the country, formula shortages have deeply affected mothers and babies.
The Abbott Laboratories facility in Sturgis, MI which shutdown in February 2022 is planning to reopen distribution on June 4, 2022. This opening will hopefully alleviate the impacts of baby formula shortages around the country.
The Toxic Baby Formula NEC litigation is ongoing, and consumers are beginning to feel its effects.
There have been baby formula shortages across the country in the past month, partly due to Abbott’s recall of certain baby formulas that contained dangerous bacteria.
A bill is awaiting Senate approval after being passed in the House of Representatives: “The House voted 414-9 to approve a measure that would allow more formula to be purchased with money from a federal program that aids low-income women, infants and children. In a more partisan 231-192 vote, the House passed a bill that would send $28 million to the Food and Drug Administration to help boost formula supply and prevent future shortages.”
Abbott Laboratories and Mead Johnson are facing lawsuits across the country. Plaintiffs accuse the companies of failing to warn doctors and parents of the risks associated with their cow-milk based baby formulas.
The United States Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order on April 8th, consolidating all pending lawsuits into an MDL assigned to the U.S. District Court: Northern District of Illinois.
The newly created MDL will include the cases that were motioned and granted for consolidation in Madison County, IL this past winter.
The consolidation created a “mini MDL”, triggering Abbott and Mead Johnson to request that they be transferred to either Cook County or Lake County courts in the Chicago area.
Toxic Baby Formula NEC lawsuits involve Similac (manufactured by Abbott), Enfamil (manufactured by Mead Johnson), and other powdered baby formulas.
Research published in the National Library of Medicine has linked powdered formulas like Similac and Enfamil to necrotizing enterocolitis (NEC), a gastrointestinal disease that can be fatal in premature babies.
Baby Formulas Linked to NEC
Premature childbirth can be wrought with stress, uncertainty, and vulnerability.
For many infants, there is no room for error in ensuring their health and growth, and this is especially true in regards to your child’s nutrition.
However, your premature child’s health may be compromised if they have been fed baby formula based from cow’s milk.
Such formulas have recently been linked to necrotizing enterocolitis (NEC), a gastrointestinal disease found in premature infants.
If your child has suffered from the deadly necrotizing enterocolitis disease after being administered bovine-based formula, you may be eligible for a toxic baby formula lawsuit.
In addition, human milk is found to be the safest and most reliable source of nutrition for babies, especially those at risk of NEC.
Toxic baby formula is a real threat to premature infants.
Ask your doctor if moving off of bovine-based formulas is the right choice for you.
Similac (manufactured by Abbott) and Enfamil (manufactured by Mead Johnson) are two common bovine milk-based formulas that have been linked to NEC.
Both manufacturers are named in various lawsuits, with parents alleging that these products caused their premature babies to develop the gastrointestinal disease and risk were not presented on warning labels.
What is Necrotizing Enterocolitis?
what is NEC? Necrotizing Enterocolitis
Necrotizing enterocolitis is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy (premature babies).
It creates intestinal inflammation, causing cells to die and holes to form.
This then allows harmful and potentially deadly bacteria to leak in and infect the intestines.
What Causes NEC?
While the direct source of NEC cases is inconsistent and can vary by child, there are several recurring factors that healthcare experts have identified:
Feeding with bovine-based (cow’s milk) formula
Insufficient blood flow to the intestines after birth
Underdeveloped intestine
Intestinal injury
Viral or bacterial infection of the intestines
There have also been a few instances of NEC appearing in several infants in the same neonatal intensive care unit (NICU) at once.
Necrotizing Enterocolitis itself is not contagious, so this could indicate that premature babies on the same toxic baby formula in the NICU could be contracting the disease at the same time.
These cases are few and far between, but it could potentially be an indicator of toxic baby formula in a specific NICU.
Symptoms of NEC
The condition’s danger can range from mild to fatal, and you must recognize the following symptoms if you believe your child is at risk:
Abdominal pain and swelling
Changes in heart rate and blood pressure
Changes in body temperature and breathing
Diarrhea with bloody stool
Green or yellow vomit
Lethargy
Refusal to eat and lack of weight gain
Healthcare providers can diagnose NEC through tests checking for a swollen belly, blood tests, fecal tests, and x-rays.
How Dangerous is NEC?
Necrotizing enterocolitis is a disease that can have fatal consequences if left untreated.
Babies that weigh 5.5 lbs and up can face mortality rates up to 20%.
In some hospitals, the NICU may recommend feeding your premature infant bovine-based formulas.
If they do, be sure to ask about the risks associated with NEC.
If NEC is a threat, request a formula not made from cow’s milk, and ask for a full review of your child’s nutrition plan.
If feasible, stop feeding your baby bovine-based formula in favor of breastfeeding.
Doing so can significantly increase your chances of avoiding NEC.
The CDC recommends that babies be exclusively breastfed for 6 months after birth.
Statistically, doing this is difficult, but it can prove beneficial for your child in the future.
Other benefits of breastfeeding include:
Providing growth hormones
Immune system boosts
Lower blood pressure in infants
Another alternative healthcare providers may offer is to improve your child’s immune system through corticosteroid injections before birth.
The injection improves an unborn child’s health and may reduce the risk of contracting lung and intestinal issues.
Be sure to ask your doctor if either of these courses of action could be suitable for you and your circumstances.
Similac, Enfamil, Other Baby Formulas Linked to NEC Risk
what is toxic baby formula contamination?
Similac (manufactured by Abbott) and Enfamil (manufactured by Mead Johnson) are two common bovine milk-based formulas that have been linked to NEC.
Both manufacturers are named in lawsuits, with parents alleging that these products caused their premature babies to develop the gastrointestinal disease and the risk was not presented on warning labels.
The woman’s son, born prematurely in 2002, was fed Similac and/or Enfamil cow’s milk-based products after birth and during his hospital stay.
He developed NEC, which required the removal of a portion of his intestines and has led to long-term health effects.
The suit also alleged that Abbott and Mead Johnson are negligent for “targeting” parents of premature infants with the false marketing of their infant formula products.
Toxic Baby Formulas
Many of the formulas administered in hospitals contain cow’s milk and can potentially be harmful to your child.
Here are popular bovine-based formulas to be aware of:
Formulas used in NICUs
Formulas gifted from hospitals
Enfamil
Similac
Earth’s Best
Happy Baby
Go & Grow
Gerber
Parent’s Choice
Baby’s Only
Loulouka
Holle
Kendamil
Bobbie
Lebenswert
If your hospital administers any of these formulas in the NICU, consult with them on the best course of action for you and your child.
Stopping use and switching to breastfeeding or other alternatives may help avoid Necrotizing Enterocolitis.
What Can I Do If My Child Has Been Affected by NEC?
If you and your child have suffered from the dangers of NEC, you may be eligible for a product liability or medical malpractice lawsuit and may be entitled to compensation.
To learn more about NEC from bovine-based formulas or to get a consultation, contact a toxic baby formula NEC injury lawyer from TorHoerman Law today.
Mitigate Injuries
If your child has developed necrotizing enterocolitis, seek treatment immediately.
In most cases, NEC is treated either medically or surgically.
If the intestine is not yet perforated, medical treatment is usually applied first.
Replacing regular feeding in favor of an intravenous catheter
Applying a nasogastric tube to relieve swelling and pain
Frequent blood tests
Blood transfusion in the worst cases
If the intestine is already perforated or if medical treatment is unsuccessful, surgery is required.
In surgery, the most damaged sections of the intestine are removed with the goal of allowing the undamaged sections to operate regularly.
An ostomy, or opening of the wall, is also made to let the bowels recover. Surgery in premature babies is stressful and comes with risk, but success rates are high, and babies typically recover after 6-8 weeks.
Contact a Toxic Baby Formula NEC Injury Lawyer
Contact TorHoerman Law for a free consultation if your child has contracted Necrotizing Enterocolitis after being administered contaminated baby formula.
You may be entitled to financial compensation in a product liability or medical malpractice lawsuit.
Who is Liable For My Child’s Injuries?
In a toxic baby formula NEC lawsuit, two (2) parties hold responsibly:
The manufacturers who are aware of the risks of the formulas
The practitioners who may fail to mention the inherent dangers of feeding premature babies bovine-based formulas
1. Formula Manufacturers: Product Liability Lawsuit
Negligence and insufficient warning of the possibility of necrotizing enterocolitis in toxic baby formulas are grounds for a product liability lawsuit against baby formula manufacturers.
You may have a claim against them if your baby developed NEC after being fed their formula.
2. Healthcare Providers: Medical Malpractice Lawsuit
Medical malpractice lawsuits may occur when someone served by a healthcare provider suffer harm as a result of the provider’s negligence or incompetence.
This may apply to the healthcare providers who feed premature infants toxic baby formula without outlining the potential risks to your child.
This negligence may allow you to file a medical malpractice lawsuit.
You may be eligible for a toxic baby formula NEC lawsuit if you meet the criteria above and have had a child who was diagnosed with necrotizing enterocolitis after being administered bovine-based formula.
For a toxic baby formula lawsuit, types of damages you may look for are medical expenses, pain and suffering, permanent disability, and future medical expenses.
A good personal injury lawyer will also aid you through this step in the process of filing a lawsuit.
If you believe that your child qualifies to participate in a toxic baby formula lawsuit, contact TorHoerman Law to speak with an experienced attorney and receive a free, no-obligation, case consultation to discuss your legal options today.
You can also use our chatbot to receive a free, instant online case evaluation right now.
TorHoerman Law is a personal injury law firm dedicated to fighting for individuals injured at no fault of their own.
We operate on a contingency fee basis as an assurance to our clients that we are as dedicated to getting the absolute best result for them.
Let us focus on fighting for you in court so that you can dedicate your full attention to what truly matters, the health of your child.
TorHoerman Law is your toxic baby formula injury attorney!
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