How a Lawyer Can Help a Similac NEC Baby Formula CaseNecrotizing enterocolitis is a severe gastrointestinal ailment common in babies born prematurely before 37 weeks. NEC normally inflates the tissue in the large or small inner lining of the intestines, causing the tissues to die. Over time, the infant's intestines begin to perforate, causing bacteria to spread inside the bloodstream. NEC affects 5% to 12% of premature babies, with 20% to 40% cases leading to surgery, according to a study published in Advances in Nutrition. In extreme cases, NEC can lead to death or call for surgery, and the costs for operating can exceed $300,000 when surgical management is needed, the study says.
You May Be Able To Recover Damages in a NEC Baby Formula CaseAs such, a lawyer can negotiate with Abbott's representatives for a settlement or file a lawsuit on your behalf. At Dolman Law Group, our legal team will collect evidence of Similac's toxicity and help you build a strong case because:
- We have experience in dealing with big manufacturers like Abbott Laboratories.
- We handle medical malpractice lawsuits against hospitals and medical practitioners.
- We have experience in product liability claims, especially failure-to-warn claims.
- We have taken thousands of cases to trial.
Evidence of Similac's ToxicityMedical specialists' research has found that Similac has caused NEC in many preemie babies in the past 30 years. In recent years, further studies have confirmed that premature babies who consume Similac or other cow milk-based formulas are at risk of developing NEC than breastfed babies. Here are some of the studies conducted on the topic:
- In 1990, The Lancet published an article that found a link between bovine baby formulas and NEC. The study further stated that infants fed formulas were six to 10 times more at risk of developing NEC.
- Another study that the Journal of Pediatrics published in 2000 revealed that breastfed babies have a 90% chance of fighting NEC than those who consume baby formulas.
- In 2013, the Journal of Pediatrics published another study promoting feeding preemie infants an exclusive breast milk diet to sustain preemie infants in the neonatal intensive care unit. The study found a significant timescale of parenteral nutrition and higher chances of surgical NEC in babies fed cow milk-based formulas.
- A study the British Medical Journal published in 2021 found that companies who made cow-milk-based products like Similac have financed biased and unsubstantiated clinical trials of such products. These trials downplayed the possible health risks associated with their products.
Conditions and Symptoms Associated With NECAccording to the Cleveland Clinic, nine out of 10 babies diagnosed with NEC are born prematurely. These cases usually range from mild to severe, and some might result in death. Babies diagnosed with NEC might develop more conditions. The infant could develop an infection in the abdomen when the intestinal wall is punctured. In the long run, the infant will develop short bowel syndrome, hindering the absorption of both fluids and nutrients. Even though many NEC symptoms vary extensively, some of the most common include:
- Changes in blood pressure, breathing, heart rate, and body temperature
- Swelling in the abdomen and discomfort
- Weight loss and lack of appetite
- Vomiting green or yellow substance
- Diarrhea with bloody stool
What Damages Can You Claim in an NEC Baby Formula Lawsuit?A personal injury claim has two categories: economic and non-economic damages. These damages create a foundation in building a case against Abbott Laboratories, Inc.
Economic DamagesEconomic damages may occur because your baby consumed Similac. You most likely have medical bills for your infant's NEC treatment and related ailments. In this category, you can also claim compensation for the income you missed while away from work and any future income you stand to lose if you must stop working or take a different job so that you can care for your child. Our lawyers can demand that the at-fault party pay you for the period you were not working while pursuing the lawsuit or taking care of your baby.
Non-Economic DamagesThese damages have no direct financial cost attached, but they affect you psychologically. Pain and suffering are the most common non-economic damages in an injury lawsuit, and they're eligible for compensation. Others include:
- Mental anguish
- Emotional distress
- Temporary or permanent disability
- Disfigurement or scarring
- Loss of enjoyment of life