According to the U.S. Centers for Disease Control and Prevention (CDC), around 10% of babies born in the United States are born too early. While most premature babies usually grow and become healthy adults, they require extra support in the immediate weeks and months after their births. Because of their susceptibility to infections and conditions, preterm infants often receive supplemental baby formula. Most of these formulas are a great source of nutrition.
However, some of them are linked to a dangerous condition called necrotizing enterocolitis (NEC). Similac is among the popular baby formulas that are related to this condition. While the U.S. Food and Drug Administration (FDA) and the manufacturers are aware of the link between the formula and NEC, the product has not been recalled. This is because the claims against the manufacturer are based on the fact that the product is not unreasonably unsafe. Instead, it is the lack of warning of possible risks associated with the consumption of the product that forms the basis of many claims.
If your premature baby was given Similac and developed NEC, an NEC lawyer could help you hold the manufacturers accountable for their failure to disclose all the information regarding the product.
What Is Necrotizing Enterocolitis?
Necrotizing enterocolitis is a medical condition that occurs when the tissue in the digestive tract dies. While the condition can happen to any person regardless of age, it is more common in premature, sick babies. A baby’s digestive tract is still developing. So, while an adult can receive treatment or repair for the damaged tissues, a premature baby might not have much of a chance.
Symptoms Showing Your Baby Has NEC
NEC is a rare condition, affecting only 1 in 2,000 to 4,000 babies. While the condition is rare, it is important to recognize the symptoms early so that your doctors can fix the problem right away. Here are the symptoms to look out for:
- Abdominal pain
- Abdominal swelling
- Feeding staying in the stomach
- Green and yellow vomit
- Low oxygen levels
- Slowed breathing
Once you notice the symptoms in your baby, the first thing you want to do is alert your doctor or nurse. Once your baby has been diagnosed and the formula was determined to be the condition’s cause, you will want to take legal action. Our NEC baby formula lawyer is here to help you.
Who Is Liable for a Baby Formula Injury?
If a baby formula product hurts your infant, there are three possible liable parties. The first party is the product’s manufacturer. The second party is the product’s wholesaler, and the third is the retailer of the defective product.
The parties found liable may be held responsible for medical bills, pain and suffering, and even punitive damages. Our lawyers can help you find the liable party and hold them accountable.
Expected Settlements in NEC Similac Lawsuit
The amount of compensation you may be eligible to collect depends on the circumstances surrounding the unique case of your baby. If you successfully prove that the manufacturer was at fault and failed to warn you and health care professionals about the dangers despite the company’s knowledge of the risks, you may recover substantial compensation.
Some of the damages you are likely to recover include:
- Past and future medical costs to treat injuries
- Rehabilitation costs
- Home care costs
- Pain and suffering
- Funeral and burial costs in a wrongful death action
- Other economic and non-economic damages
Suppose the court finds out that Abbott Laboratories, Inc., knew about the dangers and deliberately hid them from the public. In that case, you could be awarded punitive damages to punish the companies for their malicious conduct and deter them and others from doing the same thing again.
Can I File a Lawsuit If My Baby Has Similac Recall Symptoms?
At Dolman Law Group, we represent parents or legal guardians of infants diagnosed with NEC against Abbott Laboratories, Inc., Similac’s manufacturer. If your baby consumed a cow’s milk-based infant formula and was diagnosed with NEC, you may qualify for legal action.
You Do Not Have to Worry About Legal Fees
At Dolman Law Group, our lawyers work on a contingency fee basis. We do not charge anything unless we win. Once we have recovered fair compensation for you, the legal fee becomes a settlement percentage. If you lose the case, you will not pay us a penny.
Let Our Team Help You and Your Family
Having a premature baby is already a complicated situation. When a baby is fed formula with dangerous risks, the complications only heighten. Dolman Law Group understands how stressful the situation could be for you and your family. That is why we are here to represent your family and get you justice for the injuries your baby has suffered.
The Dolman Law Group works with local counsel in any jurisdiction outside Florida for the purpose of filing lawsuits in jurisdictions wherein we are not licensed. Thus, we will follow each State’s ethical rules to ensure a local attorney is involved.