Toxic Baby Formula Lawsuit
Posted on Tuesday, December 27th, 2022 at 8:40 am
Need a toxic baby formula lawsuit intake specialist? If your Law firm is seeking clients related to baby formula and NEC, it is important that your intake team understands the emotional and delicate nature of these cases. At Legal Conversion Center, our legal intake services are provided by highly trained intake professionals. Our team knows how important it is to be compassionate while effectively guiding potential clients through the intake process. We can handle your intake needs so you can focus on your clients.
Studies dating back to the 1990s suggest that feeding premature babies cow’s milk-based formulas can increase the risk of NEC substantially. In 2011, the U.S. Surgeon General’s office reported that, among vulnerable premature babies, “formula feeding is associated with higher rates of necrotizing enterocolitis (NEC).” In 2012, the American Academy of Pediatrics also stated that premature babies should only receive human-based milk (breast milk) due to the risk of NEC associated with cow’s milk-based formulas.
As if the NEC risk alone isn’t bad enough, manufacturers of potentially toxic baby formula have failed to include a warning on their product labels, or provide guidance to healthcare providers on how to reduce the risk of NEC. As a result, angered parents and caregivers have filed lawsuits against manufacturers like Abbott Laboratories, Inc. (Similac) and Mead Johnson & Company, LLC (Enfamil). Baby formula lawsuits contain causes of action including:
- Product Liability for Design Defect
- Failure to Warn
- Intentional Misrepresentation
- Breach of Warranty
- Wrongful Death
The strongest argument in these lawsuits is the fact that research finding show a clear correlation between cow’s milk-based formulas and NEC, but formula manufacturers continued to manufacture and sell the products without a warning. Plaintiffs contend that the manufacturers knew, or should have known, about the risk of NEC but intentionally failed to place adequate warnings on product labels.
What is Necrotizing Enterocolitis?
If your law firm’s intake team is screening potential clients for NEC-related cases, it is important that your team knows what NEC is. NEC is a gastrointestinal disease that occurs mostly in premature babies. Babies at the highest risk are those born weighing less than 3.25 pounds who receive baby formula during the first days and/or weeks of life.
Experts believe that cow’s milk-based formulas cause buildup and inflammation in the intestines because the premature baby’s body cannot process it properly. As a result of the inflammation, the intestinal wall can erode or die (necrosis). This can lead to bowel perforations, infections, sepsis, and death. Since a premature baby’s immune system cannot fight off bacteria, infections can be fatal.
Parents and healthcare providers should monitor premature babies closely if they are being fed cow’s milk-based formula or fortifier. Symptoms of NEC can include:
- Tender, red, or swollen stomach
- Abdominal pressure
- Temperature fluctuations
- Diarrhea (often with blood)
- Abnormal breathing
- Low blood pressure
NEC is fatal in around 50% of cases due to bacteria leaking into the abdomen. Babies that do survive often experience long-term health complications. It is truly devastating for families to suffer a tragic illness or loss due to a product they trusted as safe and healthy.
What Products are Included in Baby Formula Lawsuits?
There are numerous baby formula brands and varieties listed in toxic baby formula lawsuits. Some of the most well-known formulas include:
- Enfamil NeuroPro EnfaCare
- Enfamil Human Milk Fortifier
- Enfamil 24 Cal
- Similac Special Care 20
- Similac NeoSure
- Similac Liquid Protein Fortifier
- Similac Special Care 24
- Similac Special Care 30
- Similac Special Care 24 – High Protein
Not all baby formulas have the same risk of NEC as these products. However, as lawsuits continue to be filed, more brands and varieties of formula continue to be added to the list of potentially dangerous products.
There are currently no baby formula recalls directly related to NEC, but parents should be careful to monitor recalls and safety alerts if they use formula.
Accepting Toxic Baby Formula Lawsuit Clients?
Law firms across the U.S. continue to investigate potential lawsuits related to Enfamil and Similac infant formulas. If your law firm is looking to acquire NEC cases, Legal Conversion Center can help. Our approach is simple – we handle screening, qualifying, and retaining potential clients so you can focus on getting the justice your clients deserve.
At LCC, we understand the balance between offering a compassionate listening ear while also guiding clients through the intake process. That’s why our staff is trained in how to manage delicate situations with empathy, professionalism, and accuracy. NEC-related cases are difficult, but with LLC on your side, you can have peace of mind that your potential clients are being treated with dignity and respect.
To learn more about LCC’s proprietary process and technology, contact us for a free quote. We offer a variety of customizable services to help your law firm get more c