Baby Formula Lawsuit

January 5, 2023 | Attorney, Matthew Dolman

The journal Advances in Neonatal Care states that some cow's milk-based formulas have been linked to a condition in infants. This condition is called Necrotizing Enterocolitis (also known as NEC), which can be deadly. Due to the formula manufacturers not listing any warnings or guidelines on these products, parents could have the grounds to file a baby formula lawsuit. 

If your infant has developed this condition, a personal injury attorney at Dolman Law Group can help you receive the compensation your family needs. We can hold formula companies accountable for withholding information about how their products could be harmful or deadly to some infants.

What Is Necrotizing Enterocolitis (NEC)?

NEC is a serious gastrointestinal disease linked to milk-based formula products that can occur quickly and be deadly. Advances in Neonatal Care reports that 90% of the infants who develop this condition are born premature, although full-term infants have also been known to develop this. It is estimated that nearly 12% of babies weighing less than 3.3 pounds will develop NEC. 30% of those babies will not survive due to complications.

A perforation in the intestine or the death of intestinal tissue is the main reason why this condition is so deadly. Abdominal infections can easily occur if bacteria leaks through this hole. Though this condition can be fatal in infants, it can also cause lifelong complications in children who survive.

What Are the Symptoms of NEC?

Know the symptoms of NEC so it can be caught early. Early symptoms can appear mild, but it's essential to be aware of them. These symptoms include:

  • Abdominal pain or swelling
  • Abnormal breathing 
  • Diarrhea
  • Loss of appetite
  • Lack of weight gain

Check with a health care provider immediately if these symptoms occur to your preterm infant. Catching NEC early could result in a less severe case.

How Can NEC Affect an Infant Long Term?

NEC often progresses very quickly and has devastating long-term effects on children. Some of these long-term issues include:

  • Sepsis
  • Narrowing of the intestines
  • Developmental delays
  • Failure to thrive

Who Is Liable in a Baby Formula Lawsuit?

Baby formula manufacturers can be held liable in these types of cases. Lawsuits can be filed on behalf of parents and the preterm infants who suffered from the effects of NEC, including wrongful death. 

Manufacturers of infant formula should have known their milk-based products could potentially cause NEC, and they must put a warning on their products. Meanwhile, these companies have continued marketing their products as being safe.

These Are the Types of Damages You Can Recover

Compensation can be awarded to the infant's family for any damages caused due to the development of NEC. The following are types of compensation plaintiffs can receive in an infant formula lawsuit:

  • Medical costs: Any past, ongoing, or future medical care due to the NEC can be recovered.
  • Pain and suffering: Any physical pain the infant suffered during treatments and also mental pain caused by NEC related injuries or treatment (any ongoing mental issues, such as emotional distress, anxiety, or other negative effects can be compensable as well)
  • Lost income or diminished earning capacity: Parents who could not work due to taking care of their child could be compensated for any income they lost. A child who has a disability due to NEC and their parents cannot work to care for them could receive compensation for lost future earnings. 
  • Wrongful death: If a child passes away due to complications with NEC, the surviving family could receive compensation for funeral and burial costs, medical costs, the child's pain and suffering from before their passing. 

Does the U.S. Food and Drug Administration (FDA) Monitor Baby Formula?

According to the FDA's guidance for the infant formula industry, the FDA regulates baby formula the same as it would food. All laws and regulations governing food also apply to baby formula. The FDA is aware that infant formula is sometimes the sole source of nutrition for babies during a crucial time of their development and growth.

The FDA has nutrition requirements in all infant formulas. If the formula does not contain the minimum required amount of nutrients, it is degraded because it fails to meet the legal standards. Degraded products have to be marked as such to inform consumers this occurred.

Why Dolman Law Group Is the Right Choice for Your Baby Formula Lawsuit

Dolman Law Group focuses on providing top-quality customer service and outstanding results. We serve clients in Florida and around the country. We have offices located in San Antonio, Boston, Houston, and New York. 

We are here to help you in the following ways:

  • Our team will meet with you one-on-one during a free consultation to discuss what happened and explain how we can help.
  • We will meet all of your needs and handle every step of your case.
  • We will keep you updated on the status of your case.
  • We will act promptly to identify all potential sources of compensation and pursue compensation.
  • You owe us nothing until we recover money for you.

The lawyers at our law firm will work tirelessly to give your case proper care and attention. We want you to feel comfortable throughout the process and come to us with any questions or concerns you might have. 

There Is a Deadline to File a Personal Injury Lawsuit in Florida

There is a limited time to file a baby formula lawsuit in Florida. According to Florida Statutes § 95.11, most personal injury lawsuits generally need to be filed within four years of when the incident occurred, or the diagnosis was established. Once the deadline passes, you will no longer be eligible to receive compensation.

A lawyer from Dolman Law Group can walk you through the timeline of your case to ensure you don't miss the deadline.

Call for Your Free Consultation Call Today From Dolman Law Group

We offer free consultations to review your case and determine if you have the grounds to file a baby formula lawsuit. For information on the cases we have settled for our clients in the past, visit our results page. 

Call (727) 451-6900 today for your free consultation with one of our Dolman Law Group team members.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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