Will Abbott be Liable for Failure to Warn in a Similar NEC Lawsuit?



Baby formulas can have many benefits for an infant's development, but studies have recently linked Similac formulas to life-threatening conditions, such as Necrotizing Enterocolitis (NEC). Parents are then left wondering if the baby formula is dangerous for premature infants or they were just not warned of any impending risk of NEC. Many are now filing lawsuits against Similac's manufacturer, Abbott Laboratories. Depending on the strength of these cases, Abbott could be liable for failure to warn in a Similac NEC lawsuit. Manufacturers have a responsibility to warn consumers of potential risks associated with their products. Our attorneys can help you build a case against the company for damages if your child developed NEC from Similac.

Abbott Laboratories Could Be Held Liable in a Similac NEC Lawsuit

Abbott Laboratories owe the consumers of Similac a duty of care to produce products that are safe to consume. Furthermore, they must ensure that they disclose all possible risks associated with consuming the products.  If your baby suffered NEC after consuming Similac formula, you could hold Abbott Laboratories accountable. Some of the potential grounds for holding the manufacturer liable for your baby's injuries include:
  • Strict liability for a defective product when there was a reasonable alternative design
  • Strict liability for failure to warn of any impending risks
  • Negligence
  • Breach of warranty
  • Wrongful death if the infant died
The most substantial claim is "failure to warn," because these products do not warn or disclose any risks of NEC. The current lawsuits suggest that Abbott knew about the NEC risks associated with cow milk formulas like Similac, but they intentionally omitted them from product labels. If there had been adequate warnings on the product's label, pediatricians and parents might have chosen other reasonable alternatives, such as human donor milk.

Necrotizing Enterocolitis Can Be Life-Threatening

According to Cleveland Clinic, NEC causes intestinal tissue to die, potentially creating holes in the large intestines. These holes could allow bacteria to leak into the baby's abdomen. When that happens, the baby can suffer serious health conditions, including:
  • Sepsis
  • Short bowel syndrome
  • Peritonitis

Symptoms of NEC To Look Out for in Your Infant

Some of the symptoms of NEC include:
  • Green and yellow vomit
  • Abdominal swelling
  • Difficulty feeding
  • Lethargy
  • Changes in blood pressure and heart rate
  • Diarrhea
  • Bloody stool
It's important to seek help right away if you notice these symptoms in your infant, as they could require emergency surgery. 

What You Could Recover in a Similac NEC Lawsuit

Undoubtedly, no one can put a price on a baby's life and well-being. However, you can seek compensatory damages to address your child's injuries and the related damages your family suffered. Some of the damages you may be eligible to collect include:
  • Treatment costs, both for past and future complications that may arise as a result of NEC
  • Pain and suffering
  • Loss of wages for days you missed work taking care of your injured baby
  • Loss of consortium
  • Funeral and burial costs in case your child died of NEC related complications
The exact compensation you can recover will depend on the specific damages your family incurred. Our attorneys can gather evidence to establish your right to financial recovery and calculate case value.

The Deadline for Filing an NEC Lawsuit

The deadline for any personal injury lawsuit differs from state to state. These deadlines are referred to as the statute of limitations. Failure to meet the filing deadline means you could lose your legal right to claim the damages. Therefore, it is best to ensure that you begin the process as soon as possible. Doing so can give your lawyers ample time to build and file a compelling case against the defendants. 

How an Attorney Can Help You Hold Abbott Laboratories Accountable

Going up against a manufacturer can be intimidating, but you don't have to face them alone. When you hire a personal injury lawyer, they can:
  • Communicate with the other party and their representatives
  • Collect evidence to build the strongest case possible
  • Estimate the amount of compensation to seek based on your injuries
  • File all of the necessary paperwork on time
This list provides just a glimpse into the support and resources a law firm can provide as you seek compensation from Abbott for your infant's injuries.

No Win, No Fee for Families Affected by NEC

Our personal injury attorneys understand how difficult an NEC diagnosis can be for your family. Rather than adding to your worries by charging attorney's fees up front, we take a different approach; our team offers legal services on a contingency-fee basis.  This fee arrangement means you will not owe anything unless we deliver a settlement or court award in your case. Our payment comes from these recovered funds, rather than your wallet.

Contact Dolman Law Group for a Free Consultation

If you are looking to hold Abbott or another baby formula manufacturer responsible for failure to warn about the NEC risks, we are here to help. Our personal injury lawyers can build your NEC baby formula lawsuit and guide it through the legal process while you focus on your family's well-being. Contact our firm for a free case review now: (727) 451-6900.

Matthew Dolman

Clearwater Personal Injury and Insurance Attorney

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 represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess or $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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