Litigation
This litigation surrounds defendants that knew their baby formulas cause necrotizing enterocolitis in infants and newborns.
Necrotizing Enterocolitis (NEC)
According to kidshealth.org, necrotizing enterocolitis is the most common and serious intestinal disease among premature babies. It happens when tissue in the small or large intestine is injured or inflamed. This can lead to the death of intestinal tissue and, in some cases, a hole (perforation) in the intestinal wall.
In NEC, the intestine can no longer hold waste. So bacteria may pass into the bloodstream and cause a life-threatening infection. Waste may pass into the baby’s abdomen and make the baby very sick. Portions of the injured intestine may die and need to be removed.
Types of NEC
There are four different types of NEC: classic, transfusion-associated, atypical, and term infant. Each of these types of NEC is a qualifying injury that will be available for litigation against the infant formula manufacturers.
Warnings from Authorities on the Matter
In 2011, the U.S. surgeon general acknowledged that “for vulnerable premature infants, formula feeding is associated with higher rates of necrotizing enterocolitis.” Additionally, the American Academy of pediatrics essentially said that all preterm infants should be fed mother’s milk or pasteurized human donor milk.
Defendants
The defendants are Abbott Laboratories of Delaware and Illinois and Mead Johnson & Co., LLC., of Delaware, Illinois, and Indiana. Additionally, Mead Johnson nutrition company is an exclusive sole member of Mead Johnson & Company LLC. Both of the defendants used cow milk as the base for formulas such as “special care,” and “neo sure.” Both types of formulas used cow’s milk rather than human milk or a human type of suitable alternative. Each of the companies knew exclusively of the danger associated with necrotizing enterocolitis from previous warnings and studies. However, the defendants chose to market and distribute the formulas anyway.
Statute of Limitations
The statute of limitations to bring a lawsuit against the two defendant parties all have minor tolling, except for Connecticut, Delaware, Florida, and Tennessee. Illinois has the discovery rule for the statute of limitations in their particular state.
Injury Criteria
Currently, the injury criteria are premature birth of fewer than 37 weeks of the gestation period and a diagnosis of necrotizing enterocolitis. You may qualify for the litigation if your infant has the above symptoms and injury, and was fed Enfamil formula, Enfamil human milk fortifier, Similac formula, or Similac human Mill Fortifier.
Michael Brady Lynch Firm
Here at the Michael Brady Lynch Firm, we are the experienced mass tort, multidistrict (MDL) litigators in the United States. If you or a loved one has been injured, please give us a call at 888-585-5970.
Comment (1)
Bernice Glover
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