https://www.lezdotechmed.com/blog/product-liability/nec-lawsuits/

NEC lawsuits are filed in relation to babies suffering from necrotizing enterocolitis due to certain infant  formula brands. NEC is a type of injury or inflammation that affects a baby's intestines. In turn, this may result in intestinal tissue perforation and ultimately intestinal tissue death. Once the tissue is ruptured, there is a higher chance that dangerous germs will enter the intestine and cause life-threatening consequences.

According to studies, the relationship between this digestive emergency and gestational age and birth weight is antagonistic. According to NEC reports, breastfed infants are less likely to contract the condition than infants fed formula milk. The baby formulae made from cow's milk is the subject of NEC product liability lawsuits. The NEC class action case, also known as the toxic baby formula litigation, focuses on the catastrophic outcomes of specific brands of infant formula on premature neonates. Similac and Enfamil NEC lawsuits filed by parents of premature babies who took Similac or Enfamil and later discovered their child had NEC may be entitled to financial compensation.

Studies show that due to their immature immune and gastrointestinal systems, preterm newborns have a higher risk of having NEC. Infant formulae made from cow's milk promote intestinal inflammation, which can result in NEC and other problems.

Plaintiffs are suing Mead Johnson and Abbott Laboratories in the Enfamil and Similac claims, respectively. They contend that these companies were aware or ought to have been aware that their infant formula products may cause preterm newborns to develop necrotizing enterocolitis. The plaintiffs sue the defendants on the following grounds in both Similac NEC lawsuits and Enfamil NEC lawsuits.

  • Strict product liability.
  • Failure to warn.
  • Negligence.
  • Intentional misrepresentation.
  • Negligent misrepresentation.
  • Breach of warranty.
  • Wrongful death lawsuits.

The NEC litigation lawyers will move forward with the pretrial discovery procedures, such as depositions and interrogatories, after choosing these 12 cases.

As the number of NEC lawsuits against formula manufacturers escalates, the American Academy of Pediatrics (AAP) has modified its opinion statement encouraging parents to choose human breast milk over infant formula whenever possible. For many mothers, though, that's not a workable alternative.

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