Baby Formula NEC Cases: A Short History, The Legal Timelines, and How To Recover Compensation for Your Child’s Health Complications
Necrotizing enterocolitis is a severe, life-threatening condition that occurs in pre-term babies that are fed baby formula which is meant to be a replacement for breast milk. This milk is formulated from cow’s milk, and it includes various minerals, vitamins, and compounds that are meant to boost the child’s growing energy needs so they can develop and reach certain milestones. While infant formula has its place in pediatric health, tens of thousands of babies have been diagnosed with NEC after consuming it, leading to the conclusion that these products have an inherent defect, causing these life-threatening complications. Necrotizing enterocolitis causes a baby’s small intestines to become inflamed, die, and rot, increasing the risk of sepsis or blood poisoning, and necessitating urgent surgery to excise the necrotic tissue and save the child’s life.
However, unbeknownst to most families, necrotizing enterocolitis is not a new phenomenon, and it can be traced back to the 1950s, during a time when great technological and scientific breakthroughs were made regarding nutrition, lifestyle, and so much more. That said, companies making products such as Enfamil and Similac are held to a certain standard and must legally create products that put the consumer’s safety in mind, failure to which their actions could be said to be negligent, and should an injury occur, the consumer can file a product liability lawsuit in order to recover money damages via a class action lawsuit. The Law Offices of McCready Law proudly represents the families and children who developed necrotizing enterocolitis, and we’d love to help you seek compensation and justice as well as hold these companies accountable, and it all starts with just one simple, FREE call.
Are you looking for the best baby formula NEC lawsuits attorney? Please call us NOW at 312-444-0214 for your 100% FREE, no-commitment consultation into your legal options as a family with a child who developed necrotizing enterocolitis after being fed infant formula. Our experienced defective products attorneys bring to the table over 50 years of combined experience representing thousands of individuals like you, and recovering hundreds of millions of dollars in compensation over the last 25 years. What sets our law firm apart is our vast trial experience where we’ve won considerable amounts in compensation for past clients, as well as our trial success rate, something most law firms shy away from given the expertise one needs to have to win cases at trial, as well as the resources needed to bring a case to trial in the first place: most law firms prefer to settle with the insurance company, which more often than not leaves you with just a fraction of what you would have recovered had you taken the case to trial.
McCready Law also has nationwide reach, so you can call us from anywhere in the country and we’ll take on your baby formula lawsuit and represent you in either multidistrict litigation or a class action lawsuit. These cases are taken up on contingency fee basis, and what this simply means is that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only recover our fees at the end of the lawsuit, and only if we’ve won your case on your behalf. Need clarity, or have burning questions about NEC lawsuits? Call us NOW at 312-444-0214 – our intake team is standing by.
The History of NEC and Baby Formula – When Did It All Start?
Necrotizing enterocolitis was first described in medical literature in the early 20th century, but it wasn’t until the 60s and the 70s that it received mainstream attention. Studies around that time started linking the disease to feeding practices in pre-term babies, which pointed to the possibility of infant formula being a culprit in its pathophysiology. The major risk factors associated with its development included low birth weight, prematurity as well as opting for baby formula over breast milk.
As the link between NEC and baby formula started to emerge, investigators went to work in the 1970s to establish concrete causation in an effort to sensitize health agencies so that regulatory bodies and the government could step in an prevent a potential epidemic. These agencies started to look closer into this phenomenon, but parents were kept in the dark regarding infant formula risk when it came to feeding, particularly in marginalized populations.
1980s – Research Into Baby Formula Confirms NEC Connection
In the 1980s, several papers were published demonstrating the connection between infant formula and NEC, and public awareness shot up considerably. However, manufacturers still continued to market and sell these products without making any changes, completely ignoring findings, putting more children at risk, favoring profits over lives.
2000s – Advocacy Groups Sound The Alarm
In the early 2000s, advocacy groups emerged, pressing manufacturers to reformulate their products in the interest of public health. However, these companies, perhaps due to the lack of stringent regulatory oversight, continued with business usual. This led to parents whose children were affected by NEC to organize and advocate for safer alternatives within NICUs in hospitals and other similar venues. It was this parent-based advocacy and organization that laid the framework for legal actions we are currently witnessing.
2010s – It’s Unanimous: Infant Formula Causes Necrotizing Enterocolitis
In the 2010s, key studies published in well-respected medical journals showed a clear link between cow-milk formulated baby formula and the development of necrotizing enterocolitis. As a result, numerous lawsuits were brought forward which alleged that baby formula manufacturers did not warn consumers about the dangers or risks connected to their products and that they lacked labeling on the same which would have helped consumers make informed decisions, thus protecting their children from NEC.
2015 – Baby Formula Class Action Lawsuits Emerge
2015 marked a turning point when it came to NEC baby formula lawsuits as a class action lawsuit against a major baby formula was filed, alleging that this company was negligent on account of their failure to warn consumers regarding risks associated with infant formula consumption, setting a legal precedent which led to thousands of families joining the class action lawsuit. This particular lawsuit attracted significant media attention, which in turn raised public awareness and increased pressure for manufacturers to reformulate their products as well as engage in responsible marketing practices.
In or around 2019, cases were consolidated into multidistrict litigation or MDL which is meant to break down lawsuits into various jurisdictions for easy and efficient processing. It also allowed legal team to better allocate resources so that discovery could be performed in an efficient manner with the aim of bolstering plaintiff cases, ensuring a favorable outcome.
Best Baby Formula Complications Attorneys – Call Us Today!
With litigation still ongoing, MDLs are known to help move things along as well as provide platforms for expert witnesses to present their findings in order to demonstrate clear causation by citing objective medical evidence which plays a huge role in apportioning negligence and liability. As these cases are moving fast, it is vital that you get in on the action NOW before it is too late; if your child developed necrotizing enterocolitis as a result of being fed baby formula from brands such as Enfamil or Similac, please give us a call NOW at 312-444-0214 to learn more about how we can help secure their compensation. The call is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.