What is NEC?

NEC occurs when the inside intestines are attacked by bacteria. It is essentially an infection that leads to inflammation in the baby’s intestines. In certain circumstances, this infection could even lead to death. Oftentimes, serious infection could lead to surgeries that could amount to thousands of dollars in medical bills.

Sometimes, this infection could also have future effects, such as a short of bowel syndrome, where parts of the intestine must be surgically removed. In this case, the baby could then have issues digesting in the future.

Infant Formula

In a study done in 1990, babies were more likely to suffer NEC when they were fed formula compared to babies who received breast milk. Further, in a recent study, premature babies who were fed breast milk were not likely to suffer NEC.

Who is responsible for NEC?

This connection with NEC has been found with baby formula. In this case, formula manufacturers may be held responsible in future lawsuits. Formula manufacturers have the responsibility of making a product that is free from any defects. In this case, the defect could be a failure to warn. The formula manufacturers must warn parents about the potential injuries caused by the formula ingredients.

What injuries does NEC cause?

  • Scarring in the intestines
  • Neurological damage
  • Pain and suffering
  • Inflammation
  • Infection
  • Intestinal perforation
  • Diarrhea
  • Failing to eat
  • Lethargy
  • Changes in body temperature

How do I qualify for an NEC lawsuit?

In order to qualify and be eligible for compensation from an NEC lawsuit against a formula manufacturer, you must show that:

  • Your baby was within the first couple weeks of life
  • Your baby ingested instant formula
  • Your baby then suffered from NEC

What types of evidence do I need to prove in an NEC lawsuit?

  • Medical records: medical records are one of the most important pieces of evidence you will need when filing an NEC lawsuit. The baby’s medical records should point out that the baby it has suffered an NEC, and make that connection with the instant baby formula.
  • Receipts and invoices: you should have the receipts of your instant baby formula purchase to prove that your child ingested that specific type of baby formula.

Is NEC common?

NEC is not that common, it only affects around 3000 babies each year. But, the effects of NEC are very dangerous since it could lead to fatalities if not treated properly.

Can I still file a lawsuit even if my child has grown?

NEC is known to cause future side effects. For example, the baby may grow into a child that now has digestive issues from the NEC surgery. In that event, you still have the right to file a lawsuit against the baby formula manufacturer for causing the NEC in the first place.

NEC Mass Torts

Mass torts are a type of litigation where a manufacturer, and in this specific case the formula manufacturer, is held responsible for causing injuries to multiple individuals. Since the instant baby formula is put on the market which several thousands of babies ingested each day, there are several different victims that could be potential plaintiffs in a mass torts lawsuit.

How can our NEC litigation attorneys help you?

  • Our attorneys will investigate the circumstances of the NEC, and determine exactly which formula manufacturer is responsible.
  • We will navigate through the legal process for you since mass tort litigation is very different from filing a standard individual lawsuit.
  • Our contingency fee attorneys do not collect a single dollar upfront, and take on all the risks with your claim.

NEC Lawsuit Lawyers Near Me

If your child has developed necrotizing enterocolitis because of baby formula, you must assert your rights to get the justice and the compensation that you deserve. Our attorneys offer free confidential consultations where you will have the opportunity to ask any questions or address any concerns that you may have with your lawsuit. We know that your number one priority is to make sure that your baby is safe, and we will do everything it takes to release the financial burden of these medical bills off your shoulders. 

When should I file my NEC lawsuit?

Usually in California, a mother has two years from the date of the injury to file a lawsuit for their premature babies or infants who have suffered necrotizing enterocolitis. 

What are the settlement amounts for toxic baby formula lawsuits?

The settlement amounts differ depending on the liability of the formula manufacturer, the injuries the baby has suffered, and the treatments that the baby has needed. In order to determine the amount that you are eligible for, we recommend that you speak to our highly qualified attorneys. A specific dollar amount will not be determined until all the cases have been settled. There are many cases that are still pending, and so we are unable to give an exact amount. But, estimates for settlement amounts usually range from $5,000 to $500,000. 

What brands of baby formulas have been held responsible for NEC?

There are several different types of brands that have been held responsible with current litigation or have future litigation pending. These formula brands include:

  • Similac
  • Enfamil

What can I do if my child has suffered NEC?

If your child has suffered injuries from toxic baby formula, contact our experienced mass tort attorneys for more information on how to file a lawsuit. There are several different infant formula lawsuits currently pending, and you have the ability to file a lawsuit on your behalf.

As soon as you believe that your child is suffering from NEC, we recommend that you get medical care as soon as possible. The longer you wait, the more injuries your child may suffer.  There are different steps a doctor can take, including taking blood tests, blood transfusion, and a nasal gastric tube.

Who is responsible for my child’s NEC lawsuit?

  1. The number one party responsible for NEC that your child has suffered is the manufacturer of the baby formula since they were the ones that created the product in the first place and failed to warn of any risks.
  2. The second potential liable party may be healthcare practitioners that failed to warn the parent of any risks associated with the formula. 

What type of lawsuit can I file for my NEC lawsuit?

There are two different types of lawsuits that you can file for your child’s injuries, this includes:

  • Product liability:  this is usually the number one type of lawsuit that you can file when it comes to toxic baby formulas. You hold the baby formula manufacturer responsible for their defective product.
  • Medical malpractice: in the event that a healthcare provider knew of the risks, and fail to warn the parent of the risks of the toxic baby formula, you may be able to file a negligence claim as well.