Necrotizing Enterocolitis (NEC) is a dangerous bacterial infection that has been known to develop in premature infants who are fed cowmilk-based infant formula. The bacterial infection develops in the infant’s gastrointestinal system, causing inflammation of intestinal tissue and tissue decay. In severe cases, the infection results in a perforation of the intestines, leading to bacteria leaking out into the abdomen. This can result in peritonitis and, eventually, sepsis. Of course, NEC can lead to many health complications and even death.
Multiple studied in the past have determined that cowmilk-based infant formula increases the risk of infants developing NEC; these same studies have determined that premature infants are at a higher risk of developing NEC when they are fed these cowmilk-based formulas.
Currently, there are multiple lawsuits against Abbott Laboratories Inc. (the manufacturers of Similac) and Mead Johnson Nutrition Company (the manufacturers of Enfamil) claiming that these companies were aware of the risk of NEC associated with their formulas but failed to do anything, like include a warning on their label.
In addition to the lawsuits that have already been filed in the last month, there are potentially many other claimants. Our law firm has been contacted multiple times by prospective claimants with questions about their right to sue and potential recoveries.
What is the Average Value of NEC lawsuits?
Although NEC infant formula lawsuits are relatively new and there hasn’t been any settlement so far that we could evaluate to determine average claim value, there have been plenty of NEC lawsuits in the past specific to medical malpractice. NEC lawsuits are typically associated with million-dollar settlements.
The Costs Associated with Treating NEC Surgically
According to a study published in 2015, the average cost associated with surgically treating NEC can range from $300,000 to $600,000. Surgery typically occurs to remove intestinal tissue that has died and to close up any perforations in the intestine. Of course, this is an initial surgery. If complications develop, additional surgeries could be required. Depending on the intestinal damage resulting from the NEC, long-term treatment might be required. Of course, this can create higher medical bills. In some cases, medical costs alone can reach the million-dollar mark.
What Factors Affect the Value of a NEC Infant Formula Lawsuit
In addition to medical bills, there are many other factors that could affect the value of a claim. Some other important factors to consider when trying to determine the value of a lawsuit include the following:
- Costs associated with traveling frequently to be able to get medical care
- Costs associated with having to relocate for accessibility to medical care
- Lost income resulting from being unable to work due to constant medical issues, surgeries, appointments, etc.
- The mental and emotional distress resulting from the diagnosis, treatment, follow-up care, etc.
These are just some of the details that could affect the value of a claim. An experienced lawyer can help you evaluate the specific details surrounding your situation and determine the potential value of your claim.
The Common Categories of Compensation Available for Recovery
Some of the specific categories of compensation that you could be eligible to recover include the following:
- Medical costs – for all medical costs, including surgeries, medication, long-term care, follow-up care, etc.
- Lost earnings – typically associated with a parent having to stop working to provide full-time at-home care to the infant/child or the affected infant/child growing up to be unable to work because of medical issues as an adult, for example
- Pain and suffering – for the mental and emotional distress associated with the incident
- Loss of consortium – for the lost ability to have a normal relationship with the victim (typically only awarded in cases of wrongful death)
- Funeral and burial expenses – for the costs associated with these services (always reserved for cases of wrongful death)
- Punitive damages – awarded as a form of punishment towards the defendant, usually in cases of gross negligence
- Legal costs – for all costs associated with filing a lawsuit
Of course, the type and amount of compensation that you could ultimately receive will be strictly based on the details surrounding your case. For more information about the compensation that you could recover, the best thing that you can do is to find a lawyer that can evaluate your claim and help you determine your case value. When you allow the experts at our law firm to handle your NEC infant formula lawsuit, you can trust that our experts will fight for your right to recover the highest recovery possible.
What to Do if You Want to Get a Settlement
If your child developed NEC associated with cowmilk-based infant formula, you could be entitled to monetary compensation. You will need to find a lawyer that can help you with your product liability claim and help you recover the compensation that you are owed. Of course, you will need to prepare to take legal action. You should collect all available medical records, all records of the purchase of the infant formula, etc. You should also file a report with the product manufacturer and request a copy of the report – ensuring that you do not agree to any of their proposed resolutions, like refunds, credit, etc.
If you are ever unsure of how to proceed, simply contact the experts at our law firm immediately. Our lawyers are ready to guide you every step of the way and help you file your NEC infant baby formula lawsuit.
Contact Us Today
Here at Downtown L.A. Law Group, our lawyers are ready to help you with your NEC infant formula lawsuit and help you win. Our lawyers have decades of experience handling personal injury claims, including product liability claims. To make the process as simple as possible for you and your family, we offer free legal services. Our free legal services include free consultations and free second opinions during which our lawyers will provide you with all the information that you need to begin or continue your claim.
We offer a Zero-Fee guarantee, meaning that our clients will not be required to pay upfront costs for any of our legal services. In addition, we work on contingency; therefore, our clients will actually not be responsible for legal fees until their lawsuits are successful.
If you are ready to speak with our experts, contact us today.