If your premature baby has been diagnosed with necrotizing enterocolitis (NEC), you may be able to file a NEC lawsuit against the manufacturer of the formula that caused his or her NEC. The case against the manufacturer could be for damages for injuries and/or wrongful death, or a combination of both.
There are a number of factors to consider when filing a baby formula lawsuit, including whether you have sufficient evidence to prove that the manufacturers knew of the NEC risks. You will also need an experienced baby formula attorney to help you with the details of your claim and ensure that the manufacturers are held accountable for their negligence.
You can contact an NEC lawyer at Levin Rojas law firm for a free consultation. The firm is dedicated to representing victims and families of infants who have suffered serious injury or died as a result of toxic baby formula.
Why are people filing baby formula lawsuits?
The makers of Similac and Enfamil, Mead Johnson & Company and Abbott Laboratories, have failed to warn consumers of the dangerous side effects of cow's milk-based infant formula. This lack of warnings is why many parents are now suing for compensation for their baby's injuries or death.
These cases have shifted from medical malpractice lawsuits that focused on doctors who prescribed the baby formula to lawsuits that focus on the baby formula manufacturers. Mead Johnson & Company and Abbott have been accused of ignoring warnings about the dangers of their cow's milk-based baby formulas to premature infants and promoting them as safer alternatives when human breast milk was available and proven to be just as effective.
It is important to remember that the legal process for NEC formula lawsuits can be very lengthy, and it is essential that you find an attorney who has experience in mass torts. The lawyer you choose will be responsible for reviewing all of the information relating to your baby's NEC diagnosis and will work with you throughout the litigation process to ensure that you receive fair and complete compensation for your child's injuries.
NEC lawsuits against baby formula companies typically start in state court. However, they may be transferred to federal court in a few different ways. Read more now about the benefits of hiring an NEC lawyer.
One method for transferring NEC claims is to file a motion in federal court that asks the court to consolidate all the pending cases into a single baby formula class action lawsuit. This allows the plaintiffs to have a more convenient and cost-effective way of bringing their cases against the defendants.
Another option is to transfer all of the pending NEC baby formula lawsuits to an MDL, or Multidistrict Litigation court. This is especially useful for mass torts, where the numbers of cases are large enough to make it impossible to defend all of them in a single court.
In Illinois, all of the pending NEC baby formula class action cases have been consolidated into a single court in Madison County, which has favorable laws for victims claiming injuries like NEC. The court allowed both parties to defend their respective positions in the MDL, and it is expected that the number of NEC baby formula lawsuits transferred into this MDL will continue to grow as more and more families with children who developed NEC seek to hold the manufacturer responsible for their loved one's injury or death. Check out more about this post here: https://en.wikipedia.org/wiki/Infant_formula.