What Are the Baby Formula NEC Lawsuit Qualifications & Criteria?

Use the chatbot on this page to find out if you qualify for an NEC Baby Formula Lawsuit instantly.

You can also contact TorHoerman Law for a free consultation.

Baby Formula NEC Lawsuit Qualifications

If your child is suffering from Necrotizing Enterocolitis (NEC) after being fed toxic cow milk formulas like Similac and Enfamil, you are not alone.

All over the country, parents are coming forward and filing NEC baby formula lawsuits against the infant formula manufacturers responsible for their children’s suffering.

Hundreds of parents have already filed lawsuits against the baby formula manufacturers for the onset of necrotizing enterocolitis (NEC) among premature infants.

These infant formula manufacturers are Abbott Laboratories and Mead Johnson.

What are the Baby Formula NEC Lawsuit Qualifications & Criteria?

If you’re wondering what the Baby Formula NEC Lawsuit qualifications and criteria are – we’ll cover that in depth in this article.

In short, you may qualify to file a Baby Formula NEC Lawsuit if your child has developed Necrotizing Enterocolitis (NEC) as a result of consuming toxic cow milk formula manufactured by Similac or Enfamil.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify to file an NEC Baby Formula Lawsuit instantly.

Our law firm has secured millions for people harmed at no fault of their own, and we’re prepared to help you recover compensation for you and your child’s damages and injuries.

Frequently Asked Questions

You may qualify for a toxic baby formula lawsuit if your child was subsequently diagnosed with necrotizing enterocolitis after:

  • They received a bovine-based formula while under the care of a hospital
  • Or you received a bovine-based formula as a present from the hospital

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.

To file a claim in the NEC lawsuit, you should speak with a qualified attorney who can help determine your eligibility and guide you through the claims process.

If you believe you may qualify for the Toxic Baby Formula Lawsuit, you can use the chatbot on this page for an instant and free case review to see if you qualify to file a Baby Formula Lawsuit.

Typically for product liability lawsuits, which toxic baby formula lawsuits fall under, there is a two (2) year or three (3) year statute of limitations.

This means that mothers of infants and premature babies who were developed Necrotizing Enterocolitis (NEC) have two (2) to three (3) years from the date of diagnosis to file a claim.

Statute of limitations may differ depending on the state you file your NEC Baby Formula Lawsuit in.

Contact an attorney for more individualized information relative to your claim.

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Table of Contents

Overview of the NEC Baby Formula Lawsuits

Overview of the NEC Baby Formula Lawsuits

To better understand what would qualify you for an NEC baby formula lawsuit, below we explain how the NEC baby formula lawsuits began.

In 2015, there were numerous cases of premature infants developing NEC.

After some investigation, it was discovered that the premature babies who developed NEC were being fed cow milk formula products.

The widespread incidence of NEC among preterm infants prompted studies into the effects of cow milk-based formulas.

In 2017, one study highlighted the correlation between cow milk-based formula feeding and preterm infants developing NEC.

The study also confirmed the higher likelihood of NEC in preterm infants that were fed formula compared to those on an exclusive human milk diet.

With more convincing evidence mounting and more incidences of NEC arising, parents began filing NEC baby formula lawsuits against infant formula manufacturers.

Because many of the premature infants developing NEC were receiving Similac and Enfamil, the lawsuits targeted two major manufacturers: Abbott and Mead Johnson.

By 2022, the two companies were the targets of a slew of NEC baby formula lawsuits.

As of 2023, the actions against Abbott Laboratories and Mead Johnson have grown into a multi-district NEC infant formula litigation.

You’re not alone if your child has been diagnosed with Necrotizing Enterocolitis (NEC) after being fed toxic baby formulas.

If your premature baby developed NEC after being fed Similac or Enfamil formulas, you may be eligible to file an NEC baby formula lawsuit.

Contact us or use our chatbot to immediately determine your case eligibility.

What Are the Conditions or Criteria for an NEC Baby Formula Lawsuit?

Before filing an NEC lawsuit, you must first determine if you have are eligible.

To find out if you qualify to file an NEC Baby Formula Lawsuit, contact our law firm or use the chatbot on this page to find out if you are eligible in under two minutes.

The sections below outline criteria that determines eligibility for the NEC Baby Formula Lawsuit.

What Are the Conditions or Criteria for an NEC Baby Formula Lawsuit?

Your Child Was Formula-fed Similac, Enfamil, or Other Human Milk Substitute Formulas

To file a case against infant formula companies, your child should have received infant formula while in the neonatal intensive care unit (NICU).

There are many types of breast milk substitutes and infant formulas covered by the NEC baby formula lawsuits.

NEC baby formula lawyers have named the following Similac baby formulas in lawsuits:

  • Similac Special Care
  • Similac Human Milk Fortifier
  • Similac NeoSure
  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Powder
  • Similac Liquid Protein Fortifier
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein

You may also be eligible to file an NEC formula lawsuit if your child has developed NEC from the following Enfamil baby formulas:

  • Enfamil Human Milk Fortifier Acidified Liquid
  • Enfamil Human Milk Fortifier Powder
  • Similac Special Care 30
  • Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
  • Enfacare Powder
  • Enfamil Human Milk Fortifier Liquid High Protein
  • Enfamil Milk Fortifier Liquid Standard Protein
  • Enfamil NeuroPro Enfacare Infant Formula
  • Enfamil Premature 20 Cal
  • Enfamil Premature 24 Cal
  • Enfamil Premature 24 Cal/fl oz HP
  • Enfamil Premature 30 Cal
  • Enfamil 24 and DHA & ARA Supplement

You’re the Parent of a Child Diagnosed With Necrotizing Enterocolitis (NEC)

Your child may have developed NEC after consuming the aforementioned Similac and Enfamil baby formula products.

The consumption of these baby formula brands and your child’s NEC diagnosis may establish negligence and causation — two critical elements to NEC baby injury lawsuits.

If you have any questions or concerns about your potential Baby Formula Lawsuit, contact our law firm or use the chatbot on this page for an instant case evaluation.

How Much Is an NEC Formula Lawsuit Worth in 2023? (NEC Lawsuit Settlement Amounts)

With cases like the NEC infant formula lawsuits, plaintiffs will differ in their circumstances.

Victims might suffer the ill effects of toxic infant formulas differently, and for this reason, there is no set value for how much NEC infant formula lawsuits are worth.

How Much Is an NEC Formula Lawsuit Worth in 2023? (NEC Lawsuit Settlement Amounts)

Individuals who file a claim in against baby formula manufacturers may be eligible for financial compensation for damages including medical expenses, lost wages, and pain and suffering.

The specific dollar amount for Toxic Baby Formula lawsuits is not yet available as the cases are still pending.

Visit this page for more updated information on financial compensation for the Enfamil Baby Formula Lawsuit.

Product liability cases, especially in the case of MDLs or mass torts, involve damage claims.

Claimants or plaintiffs file cases to recover damages.

These damages can include medical costs incurred from treating injuries.

They can also include pain and suffering — non-economic damages only your attorney can calculate.

Whatever the amount you are entitled to, our NEC baby formula lawyers are here to help you get the most out of your NEC Baby formula lawsuit.

Contact us or use the chatbot on this page to determine your case’s eligibility in an instant.

Filing an NEC Baby Formula Lawsuit: What to Know

Filing an NEC Baby Formula Lawsuit: What to Know

To qualify for an NEC baby formula lawsuit, you must meet the eligibility requirements mentioned in the earlier section.

Meeting eligibility requirements means proving that you’re the parent of a premature infant who received Similac or Enfamil formula products.

You must also show that your child developed necrotizing enterocolitis (NEC) potentially due to toxic breast milk substitutes or cow’s milk based formula like Similac and Enfamil.

With this in mind, you must take the following steps to qualify for your NEC baby formula lawsuit.

Gather Records Proving That Your Child Was a Premature Infant

First, you must show that your child was a premature infant.

Similac and Enfamil formulas are meant to be used as human breast milk substitutes for premature infants.

The NEC baby formula lawsuits consist of plaintiffs whose children were premature babies.

To show your child’s prematurity, you will need a medical certificate or any record of your child’s admission to the hospital.

Your NEC Baby Formula Lawyer can help you gather evidence and medical treatment records to prove these facts.

Show Evidence That Your Child Received Cow Milk-based Formulas While in Hospital Care

Besides being a premature infant, your child must also have been receiving Similac and Enfamil formula feeding in a hospital.

To show that your child was receiving infant formula, you will need copies of your child’s medical or treatment records.

The medical records can help NEC baby formula lawyers establish the presence of toxic infant formula products.

From here, your attorneys can use the records as evidence that your child was indeed being formula-fed baby formula.

Secure Evidence Proving Your Child Was a Premature Infant Who Developed NEC

Secure Evidence Proving Your Child Was a Premature Infant Who Developed NEC

The first two actions mentioned aid in proving the three (3) elements of personal injury, product liability, and medical malpractice lawsuits:

  • Duty of care
  • Negligence
  • Causation

To help your attorneys build a compelling NEC lawsuit, you must be able to prove damages.

A critical component of proving damages is showing that an injury took place.

In the case of the NEC lawsuits, the injury is easy to pinpoint — the development of necrotizing enterocolitis (NEC).

To strengthen your claim, you need to present proof that your child was diagnosed with necrotizing enterocolitis (NEC).

Most importantly, your child must have received this diagnosis while they were receiving care in the hospital’s neonatal intensive care unit (NICU).

Is There a Time Limit to How Long You Can File Your NEC Infant Formula Lawsuit?

The NEC baby formula lawsuits are essentially personal injury and product liability lawsuits.

As personal injury cases, the infant formula NEC lawsuits have statutes of limitations or timeframes within which plaintiffs can file their cases.

For the most part, the time limit or statute of limitations for many personal injury and product liability cases is two years from the discovery of an injury.

As mentioned earlier, the Enfamil and Similac baby formula lawsuits have grown into a multi-district litigation.

Is There a Time Limit to How Long You Can File Your NEC Infant Formula Lawsuit?

For this reason, you must check with an attorney to determine what the statute of limitation is for your state.

For product liability lawsuits like the NEC Baby Formula Lawsuits, a “discovery rule” may apply.

Discovery rules are exceptions made to the statute of limitations that state that a plaintiff may be eligible to file a lawsuit outside of the established statute of limitations for injuries due to the date they discovered or should have discovered that toxic baby formulas may have contributed to their child’s NEC diagnosis.

TorHoerman Law: Your NEC Baby Formula Lawyers

Our law firm is not afraid to take on large companies and corporations for harming individuals.

We’ve secured over $4 billion in compensation for people harmed at no fault of their own, and we are prepared to help you secure compensation for your NEC Baby Formula Lawsuit.

Experienced Baby Formula Lawyers

If you’re the parent of a premature infant who was fed toxic formula and subsequently developed NEC, you may be eligible to file a claim.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Formula Lawsuits instantly.

Our NEC Attorneys are here to help you.

We can help you complete the vital tasks in gathering evidence, assessing damages, and filing a Baby Formula Lawsuit to secure financial compensation.

Don’t hesitate to reach out to our team of expert NEC Formula Lawyers for help with your case. Contact us today and discuss your legal options.

We’re here to help.

Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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