Formula manufacturers like Enfamil and Similac create high-calorie, cow's milk-based products designed especially for premature babies. However, these products' labels list no warnings, guidelines or instructions regarding possible NEC risks for preemies. Many hospitals and NICUs now use these products to supplement infant feedings, either in place of or along with breastfeeding. Anytime a premature baby is fed with cow's milk-based formula, the risk for developing NEC goes up dramatically. Several parents whose premature babies passed away are now filing lawsuits against formula manufacturers for failing to warn them or their doctors about potentially deadly NEC complication risks.
Infants born prematurely (before 32 weeks) are prone to serious health issues. NEC occurs when a baby's intestinal wall dies due to lack of oxygen. As a result, the baby's gut becomes inflamed, infected and swollen, tearing holes in the intestines and colon. About 5-7% of preemie babies develop NEC, but it affects 1 in 10 infants born weighing less than 3.3 lbs. In fact, the biggest NEC risk factors for babies are prematurity, low birth weight and formula feeding. Studies show preterm babies fed exclusively with human milk are 60%-64% less likely to develop NEC. Preemies have underdeveloped organs and tissues that make it harder to absorb enough nutrients. If a mother cannot breastfeed, then donor milk is the next-safest option. Why are preemies fed with cow's milk-based formulas more at risk for a life-threatening issue like NEC? There are two main reasons:
Any infant younger than a month old cannot easily fight off bacterial infections with an underdeveloped immune system. However, human milk contains all the nutrients premature babies need while helping with organ development.
Formula manufacturers like Enfamil and Similac create high-calorie, cow's milk-based products designed especially for premature babies. However, these products' labels list no warnings, guidelines or instructions regarding possible NEC risks for preemies. Many hospitals and NICUs now use these products to supplement infant feedings, either in place of or along with breastfeeding. Anytime a premature baby is fed with cow's milk-based formula, the risk for developing NEC goes up dramatically. Several parents whose premature babies passed away are now filing lawsuits against formula manufacturers for failing to warn them or their doctors about potentially deadly NEC complication risks.
Did you know that every state has a different deadline for filing your claim? In certain states, this deadline is called the “statute of limitations.” Others have a different, but similar law that's known as the “statute of repose.” And in some states, there's a different deadline for each type of claim made against the defendant in your case. But no matter where you live, you have limited time to file your claim and qualify for a cash settlement. If you don't file your claim before this deadline passes, the manufacturer doesn't owe you any financial compensation. Read on to learn how different state laws work and which ones likely apply to your case below.
Most states allow 1-6 years from your injury or diagnosis date to file a claim against the responsible party. Any law that sets your deadline to file a claim based on your injury date is called a “statute of limitations.” For claims in these states, the clock starts ticking the day your injury occurs, or a doctor diagnoses your condition. If you miss your state's deadline to file a claim, then you cannot qualify for a cash settlement.
You have more time to file a product liability claim in a “statute of repose” state. Statute of repose states use the defective product's date of purchase or manufacture to determine your claim-filing deadline. That means you have a set number of years to claim a settlement. Typically, these statutes of repose apply to product liability cases only and exclude negligence or failure to warn claims.
If you believe a defective product, drug or medical device injured you, get a free, no-obligation case evaluation from a lawyer today. This evaluation costs you nothing, and it's the best way to learn how long you have left to file your claim. You may notice that some states listed above have two different filing deadlines. That's because every state can have a specific deadline for product liability, negligence, wrongful death or failure to warn claims. Since state laws change all the time, it's important to find a local lawyer with experience handling these cases. To find a qualified attorney near you and get confidential legal advice, complete your free online case evaluation today.
Finding the right lawyer to handle your claim is the first step towards getting justice and compensation. But how can you find one in your area who's available to help you? What questions should you ask to determine if this is the right attorney to handle your case? We'll answer these and other questions about what a lawyer can do to help you below.
First, it's the only way to get the responsible party to pay a cash settlement for your injuries. Any large, multinational company will employ an army of lawyers to defend them in court. It simply isn't possible to get any financial compensation unless you have the right lawyer. Having an experienced lawyer can benefit you in the following ways:
Lastly, you should know that the laws governing cases like yours will vary from state to state. In addition, you cannot call your friend's divorce attorney and ask that person to handle your case. Instead, you need an attorney who has experience representing other, similar injury cases.
Not sure how to find a qualified attorney near you? We can match you with a lawyer in your area who's available to help you today. When you submit your online claim evaluation form, we find the closest available lawyer based on your ZIP code. Then, the lawyer calls the number you provided within one business day to discuss your case and answer your questions. This phone call to review your case is always free, and it doesn't obligate you to do anything else. Deciding to move forward with your claim or which lawyer you choose to work with is entirely up to you.
Due to the lack of warning to consumers about the potentially deadly NEC complication risks to premature baby that may be associated with cow-based baby formulas, individuals have been exposed to serious life-threatening danger. If your child has suffered from the dangerous side effects after being fed formula made from cow's milk, act now by filling out the form below to see if you qualify.
If you or a loved one had a premature baby diagnosed with NEC after being fed formula made from cow's milk, you may now qualify for a cash settlement. Due to time restrictions in such cases, we urge you to fill out the claim evaluation form on this page now to confirm your eligibility for financial compensation. Filing a claim is the only way to get the justice and compensation your child's injuries deserve.
