Babies born prematurely require extra care to ensure they develop and grow correctly. It is for that reason doctors recommend baby formula products as they are a great source of nutritional value to babies who cannot breastfeed. However, recent evidence shows that baby formula is not as safe as doctors and other medical professionals previously thought. According to the study, baby formula causes an increased risk of necrotizing enterocolitis (NEC), a dangerous bowel infection.
A product manufacturer has a legal obligation to warn about the risks associated with its product. Despite the obligation, Abbott Laboratories, Inc., Similac's manufacturer, has failed to include any warnings about NEC on the product's labeling, most likely because it could negatively impact the product's marketability. Failure to warn about NEC is a basis for legal claims against Abbott.
Who Can File a Baby Formula Lawsuit?
Federal and state laws do not allow minors to file lawsuits. However, the parents of a premature baby who gets NEC can file a lawsuit on the child's behalf. It is imperative to note that the mere fact that your premature baby was fed Similac in a hospital is not enough to file a product liability lawsuit against Abbott or a medical malpractice lawsuit against the medical professional who authorized the feeding.
Cases involving baby formulas require you to prove that the baby suffered measurable harm. An NEC diagnosis is the first step in proving the nature and extent of the damages you and your baby incurred.
Recoverable Damages in a Baby Formula Case
Just like all injury-related claims, the amount you are eligible to recover in a baby formula lawsuit depends on your unique experience and the circumstances around your cases. However, juries often consider the following factors:
- The severity of the baby's NEC
- The baby's prognosis for a full recovery
- The need for future medical treatment
- The financial impact NEC caused you and your baby
- The extent of the physical pain and suffering, as well as the emotional turmoil the baby's NEC caused
Based on the aforementioned factors, you may be able to recover the following types of compensation:
- Medical bills, surgery costs, and other expenses related to your baby's recovery
- Lost wages if you were unable to return to work because of your infant's condition
- Punitive damages if applicable
If the worst-case scenario happens, and your baby dies from NEC after feeding on Similac baby formula, you may be able to file a wrongful death lawsuit against the manufacturers. As with all injury-related lawsuits, the compensation may include:
- Funeral and burial costs
- Loss of the deceased's love and companionship
What Is Involved in Filing a Lawsuit Over Similac Baby Formula?
Before you file a lawsuit, your attorney will need to collect information supporting your claim that the Similac product used was responsible for your baby's NEC. You will need to provide medical records, receipts, and other documents to support your claim.
Once your attorney has gathered enough information, they will draft a legal complaint to detail the losses you and your family have suffered because of the baby's injuries. The complaint may allege that Abbott:
- Made a baby formula product that was unsafe
- Knew about the risks associated with consuming the product
- Failed to include a warning on the product's labels about the risks associated with feeding Similac to premature infants
- Failed to provide instructions for how Similac should be used to decrease NEC risks
- Failed to change the formula even after the risks were known
How Can Our Attorneys Help a Similac Baby Formula Case?
At Dolman Law Group, our lawyers believe no family should lose a child to a product that medical professionals recommend. We shall, therefore, fight to hold the manufacturers accountable for their negligent actions.
Our attorneys will engage with the defendants and the court to help resolve the matter. The process may involve exchanging documents, filing motions and briefs with the court, consulting medical experts, and attending hearings. If our attorneys do not reach an agreement, they will not hesitate to escalate the issue to a jury trial.
Contact Us Today for a Free Consultation
In such trying moments, our firm has your back. Dangerous and defective products are ubiquitous, but that does not mean we have to accept and live with that. By taking legal action, the parents of infants harmed by the products can recover damages they sustained and make the manufacturers accountable for their negligent actions or inactions.
Our lawyers are on your side to fight for you and ensure you have fully recovered all the damages you suffered. If your child developed NEC as a result of Similac use, you could be eligible for compensation. Contact Dolman Law Group today at (727) 451-6900 for a free, no-obligation case evaluation to see if you qualify.