Attention Chicago Parents: What You Need to Know About the NEC–Infant Formula Lawsuits
Suppose your child was born prematurely and you were advised or pressured via sales tactics to purchase Enfamil or Similac formulae only for your child to develop the serious health condition NEC. In that case, you may be entitled to compensation.
Parents across the US are joining together to hold the manufacturers of Enfamil and Similac accountable for not properly warning new parents about certain risks associated with cow’s milk-based formulas. If you fed your premie either of these brands and they developed NEC, you need to contact a local Chicago NEC lawsuit attorney today!
Basics of the Lawsuit
As of late 2022/early 2023, a judge has started combining emerging lawsuits against the makers of Enfamil and Similac into one large lawsuit, which you’ll see referred to as an MDL (Multidistrict Litigation). Product liability lawsuits are normally brought as civil suits from individuals to a maker or distributor. In cases like this that reach large numbers and affect the health of many, a judge will order the case to become an MDL. When this happens, lawyers nationwide band together to help their local clients get justice and compensation.
The NEC—formula lawsuit alleges that the makers of cow-based infant formulas did not provide proper warning labels to warn parents of certain risks. One of these risks involves the harm cow-based formula can cause children who were born prematurely. The other basis of the lawsuit is the allegation that both brands had access to a safer ingredient from humans and did not pursue the alternative.
Premature children, or “premies,” have specific nutritional needs that cow-based formulas cannot provide. Because of this, premies who were fed Enfamil or Similac, two brands that comprise 40% of the formula market and use fairly aggressive marketing, developed health conditions. One of these conditions is necrotizing enterocolitis (NEC).
Know Your Legal Rights
If your child was harmed and you suspect their formula was involved, you should reach out to a local product liability attorney— preferably one already involved in the lawsuit. Personal injury firms in Chicago that offer product liability services also offer free consultations. You can sit down with a lawyer and discuss your suspicions, and they will help you determine if you have a case. If they agree that you qualify for the lawsuit, you can retain them to represent you.
Prematurity is already difficult, leading preemies to be one of our most vulnerable populations. Adding a stressful and harmful disease on top can lead to devastating consequences for families. If you are on leave from work for your child, talk to your lawyer about FMLA. The Family Medical Leave Act makes qualifying employers provide up to 12 weeks of protected leave to an employee with a family medical emergency or a newborn child. Your lawyer can help you approach your work to get the process started so that you don’t have to worry about missing work. Unfortunately, FMLA is unpaid leave— though it does protect your job. You’ll want to provide recent pay stubs to your lawyer so they can calculate lost wages into your damages claim.
What is NEC? Know the Warning Signs
*Content Warning: Description of a gruesome medical condition and bodily symptoms*
NEC is a life-threatening illness that can affect infants. This illness generally develops within a child’s second or third week as opposed to after birth. NEC affects up to 5% of neonates and carries a 50% mortality rate; this rate only increases as the disease progresses.
Warning signs of NEC can include:
- Poor feeding
- Vomiting
- Lethargy
- Abdominal tenderness
- Blood in the stool
NEC is an intestinal disease that slowly kills off sections of a child’s intestines. These areas eventually form holes, allowing harmful bacteria inside. This bacteria makes its way to the abdominal cavity, where it can have permanent effects on your child’s digestion.
Sadly, most of the symptoms of NEC are fairly common for newborns. Parents must be open and forthright with their pediatrician about feeding Enfamil or Similac and having concerns about NEC. As news of the studies firming the lawsuit and the lawsuit itself spreads, they will understand the urgency of a full exam and monitoring your child. Attention Chicago Parents
Why This Lawsuit Matters to All Parents
Product liability plays an important role by holding manufacturers and distributors accountable for the safety of their creations. Lawsuits like the MDL litigation against Enfamil and Similac help bring justice to families and protect future neonates who may need supplemental formula. Additionally, parents may be eligible to receive compensation. This much-needed money will help cover their child’s medical bills and may also help cover the parents’ lost wages from time off work due to their child’s illness.
No hungry child should be forced to face a life-threatening disease due to the negligence of its producers. NEC—formula lawsuit attorneys are stepping up to ensure companies follow better practices.
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Attention Chicago Parents: What You Need to Know About the NEC–Infant Formula Lawsuits