Discuss Your Potential NEC Claim with Moll Law Group
When you feed your baby, you trust that what you’re providing is reasonably safe for him or her to consume. Unfortunately, recent studies show that formulas made from cow’s milk, such as Similac, are dangerous for premature infants. In premature infants, there is an increased risk of the baby developing an extremely dangerous infection of their bowels called necrotizing enterocolitis (NEC) as a result of consuming cow’s milk. When a baby develops this infection, the tissue in his or her intestines decays rapidly, eventually resulting in perforations in the tissue of the intestinal wall. Bacteria then has an opening to leak into the abdominal cavity and can rapidly grow into a widespread systemic infection and sepsis.
A premature baby can develop mild, moderate, or severe NEC as a result of Similac. While a mild case isn’t life-threatening, a severe case can have permanent, even fatal consequences when it’s not properly diagnosed and treated. There is scientific evidence that dates back to the 1990s that connects Similac and preemies, but the more recent evidence is considered conclusive, such that the American Academy of Pediatrics strongly warns parents and caregivers not to feed Similac to premature infants.
If your premature baby developed NEC and sustained injuries due to ingestion of Similac you may have grounds to sue Abbott Laboratories, which has headquarters in Illinois. Abbott and others knew of the scientific evidence against feeding premature infants cow’s milk formulas due to the NEC risk. Yet it didn’t provide warnings on its products so that parents could guard against those risks or choose not to use the product. Instead, it told parents that Similac was an appropriate substitute for breast’s milk.
The lawsuits against Abbott are product liability lawsuits grounded in its failure to warn, which is considered a marketing defect. These lawsuits may be pursued under a strict liability theory. Our plaintiff’s attorneys will need to prove: (1) the manufacturer’s failure to warn was a marketing defect, (2) the defect caused your baby’s injuries. When a baby dies due to NEC, his or her parents may have a wrongful death claim. As more NEC lawsuits are filed, we are likely to see these lawsuits consolidated in multidistrict litigation.
In multidistrict litigation, cases are consolidated for purposes of discovery. Typically, a judge makes orders about how bellwether cases will be selected; these cases give both parties and the court a sense of how juries will respond to the claims along with the value of the cases.
Call Our Attorneys About Your NEC Lawsuit
If your premature baby developed necrotizing enterocolitis due to Similac, you should talk to the experienced Chicago product liability lawyers of Moll Law Group about whether you have grounds to recover compensation for the tremendous losses you and your baby have suffered. We represent plaintiffs across the country. Please complete our online form or give us a call at 312.462.1700.