NEC Baby Formula Lawsuit

Free Case Evaluation
100% Secure & Confidential
5-Stars
4.8 Google Rated

Kaufman & McPherson Law Firm | Advocating for Families of Premature Infants

The Dangers of NEC Linked to Cow’s Milk-Based Formula

Necrotizing enterocolitis (NEC) is a serious gastrointestinal condition that primarily affects premature and low-birth-weight infants. The condition causes inflammation and tissue damage in the intestines, often leading to intestinal perforation and, in severe cases, can be life-threatening. In recent years, research has shown that the use of cow’s milk-based formula, such as Similac and Enfamil, significantly increases the risk of NEC in premature infants. Despite these known risks, manufacturers have continued to market and promote these formulas for use with preterm babies, without providing adequate warnings about the dangers involved.

At Kaufman & McPherson Law Firm, we believe that companies must be held accountable when their products put vulnerable infants at risk. Our dedicated legal team is here to support families affected by NEC, fighting to secure compensation and justice for the harm caused by these products.

Understanding Necrotizing Enterocolitis (NEC)

Necrotizing enterocolitis is a devastating condition that primarily impacts the intestines, causing them to become inflamed and, in severe cases, leading to perforation, which allows bacteria to enter the abdominal cavity. This condition can have life-altering consequences for premature infants and their families, with some infants facing severe health challenges or losing their lives due to complications from NEC.

Symptoms of NEC

NEC typically presents with the following symptoms, which parents and medical providers should be aware of:

  • Distended abdomen and visible swelling
  • Feeding intolerance or inability to digest food
  • Lethargy and low energy levels
  • Greenish vomit or blood in the stool
  • Temperature instability and abnormal vital signs

Health Consequences of NEC

For infants who survive NEC, the condition can have serious, lasting health implications, including:

  • Short Bowel Syndrome: As a result of NEC-related surgery, some infants may have portions of their intestines removed, leading to Short Bowel Syndrome, a condition that impacts digestion and nutrient absorption.
  • Growth and Development Delays: NEC can disrupt normal growth and development, leading to developmental delays and long-term health issues.
  • Digestive Disorders and Chronic Health Problems: Infants who experience NEC may be at increased risk for a range of gastrointestinal and digestive issues throughout their lives.

The Link Between Cow’s Milk-Based Formula and NEC

Medical research has consistently shown that premature infants who are fed cow’s milk-based formulas are significantly more likely to develop NEC than those fed human milk or human milk-based formulas. Studies from reputable medical journals highlight that cow’s milk-based formulas can irritate the delicate lining of premature infants’ intestines, increasing their vulnerability to bacterial infection and, subsequently, NEC.

Despite this evidence, major manufacturers of cow’s milk-based formula products, such as Abbott (maker of Similac) and Mead Johnson (maker of Enfamil), have failed to provide adequate warnings to healthcare providers and parents about the potential for NEC when feeding these formulas to preterm infants.

Legal Basis for NEC Mass Tort Claims

Manufacturers have a legal and ethical obligation to ensure the safety of their products and to provide clear warnings when significant risks are involved. In the case of NEC caused by cow’s milk-based formula, affected families may have grounds to file mass tort claims based on the following legal theories:

  • Failure to Warn: Despite the documented link between cow’s milk-based formulas and NEC, manufacturers did not warn parents or healthcare providers about these risks. The lack of warning deprived families of the information necessary to make informed feeding choices.
  • Negligence: Formula companies have been aware of the increased risk of NEC associated with their products but failed to take reasonable steps to protect the vulnerable populations who rely on them.
  • Product Liability: Families who suffered due to the use of these formulas argue that the manufacturers are responsible for the harm caused by their products’ unsafe design and failure to disclose significant risks.

Kaufman & McPherson Law Firm is here to help families who have been affected by these injustices. We are committed to fighting for justice on behalf of infants and families who have suffered due to the negligence of formula manufacturers.

The Benefits of Filing a Mass Tort Claim for NEC

Filing a mass tort claim allows families to come together to hold these companies accountable for the harm they’ve caused. By joining a mass tort, affected families can benefit from a collective legal approach, gaining access to shared resources and expert testimony that strengthens individual cases.

How a Mass Tort Claim Can Help You

Families impacted by NEC due to cow’s milk-based formula may be able to seek compensation for:

  • Medical Expenses: The costs of NEC treatment can be extensive, including surgeries, extended hospital stays, and specialized therapies for recovery.
  • Long-Term Care and Therapy: For infants who survive NEC but face ongoing health challenges, compensation may cover the cost of therapies and long-term medical care.
  • Pain and Suffering: The emotional and psychological toll on both the child and the family cannot be overlooked. Compensation can help provide financial relief for this suffering.
  • Loss of Quality of Life: NEC often impacts a child’s quality of life, sometimes causing developmental delays and lifelong health complications.

Why Families Trust Kaufman & McPherson Law Firm

At Kaufman & McPherson, we know that nothing is more important than the health and well-being of your child. Our experienced attorneys are passionate advocates for families affected by NEC and other harmful conditions caused by corporate negligence. We will work tirelessly to seek justice for your family and to hold the manufacturers responsible for the harm they have caused.

Our approach includes:

  • Personalized Service and Compassionate Support: We take the time to listen to your family’s story and handle your case with the utmost care and respect.
  • Aggressive Representation: We have the experience and determination to stand up to large corporations, and we will pursue every avenue to ensure your case is heard.
  • Thorough Investigation: Our team collaborates with medical experts and professionals to build a strong case demonstrating the link between NEC and cow’s milk-based formula products.

Begin Your NEC Claim Today with Kaufman & McPherson Law Firm

If your child suffered from NEC after being fed cow’s milk-based formula, you are not alone. Families across the country are standing up to hold formula manufacturers accountable, and Kaufman & McPherson Law Firm is here to help you join the fight.

Contact us today for a free consultation to discuss your case, explore your options, and take the first steps toward justice. You have the right to seek answers and compensation, and we’re here to guide you every step of the way.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

Call 304-842-4300
Available 24/7

Get in touch with us today

Speaking with a lawyer about your case is 100% free and easy. We will review the facts of your case and advise you on how our firm can help. There is no obligation and if you decide to hire us, you won’t owe us anything unless we are successful for you.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Award winning attorneys

Everyday we work to improve ourselves and we’re proud of our successes.

Free Case Evaluation
100% Secure & Confidential
image 26
image 23
image 24
image 21

Available 24/7
304-842-4300

Free Case Evaluation

Free Case Evaluation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.