For years, premature infants have been fed cow milk-based Similac formula. Ingredients such as zinc, folic acid, and iodine are known to support infants’ brain development and promote growth.
Of late, baby formulas are hitting the headlines because several parents are filing lawsuits against the manufacturers claiming that exposure to their products led to necrotizing enterocolitis in their preterm infants.
To back their claims or allegations are several studies that suggest a possible link between necrotizing enterocolitis (NEC) and infant formula like Similac.
Parents whose children were diagnosed with NEC soon after birth have sued Abbott Laboratories for Similac in their lawsuits. That means if your child had a preterm birth and got diagnosed with NEC after some time, you can join the Similac lawsuit and claim fair compensation from either of the two brands.
In this guide, we will walk you through everything you need to know about the Similac lawsuit so that you can decide if you should sue baby formula manufacturers. Let’s get straight to the deets, then!
Similac Lawsuit Alleges That Similac Increases the Risk of NEC in Premature Infants
Similac infant formula is considered an excellent alternative to human breast milk, as it’s made of cow milk. Similac infant formula is mainly fed to preterm or low-weight infants because it’s believed to meet all their nutritional needs.
But newer clinical studies and medical research opine that cow milk formula fed to premature babies significantly increases their likelihood of developing necrotizing enterocolitis, which is a dangerous bowel infection.
NEC is categorized as a life-threatening disease or a bacterial infection that affects infants’ gastrointestinal system, causing decay of the intestinal tissue. In the worst-case scenario, it may even lead to the death of the tissue.
This bacterial infection can occur either in the small or large intestine. Often, it originates in the intestinal walls’ inner lining, ultimately affecting the intestine’s thickness.
As with every other disease, the severity of the infection varies from one child to another. For some children, it may be life-threatening, whereas it could be mild for others.
Abbott Laboratories Failed to Warn Parents and Doctors About the Risk of NEC
The majority of parents in their lawsuits are suing Abbott Laboratories for selling defective baby formula because it is the parent company of Similac. Parents allege that Abbott Laboratories was aware that Similac is linked with NEC, yet they failed to warn doctors and parents about the same.
Had it included a warning label on its products, parents wouldn’t have purchased them.
Who Qualifies to File a Similac Lawsuit?
In order to file a compensation claim against Similar, you must meet these three criteria mentioned below:
- Your child must have had a preterm birth
- They must have been fed with Similac cow milk-based formula in the hospital
- Your preterm baby must have been diagnosed with NEC
However, you may also qualify for a Similac lawsuit if your child was diagnosed with salmonella, fatigue, shortness of breath, abnormal bleeding, bloody stool, bowel amputation, meningitis, sepsis, or death.
Quite a few law firms like TorHoerman Law are helping parents recover damages by filing a compensation claim against Similar and its parent company, Abbott Laboratories.
The legal team suggests parents gather evidence that would prove the fact their child was fed with Similac formula in the hospital, which led them to develop NEC.
Highly qualified attorneys review the case details carefully, after which they propose multiple suggestions as to how they shall take the case forward. Parents with limited resources often evaluate their cases for free at firms like TorHoerman Law which offer free case evaluation.
Plus, its lawyers work on a contingency fee basis, meaning plaintiffs pay only when they win the case.
Damages in Similac Baby Formula Lawsuit
Damages you can seek to recover by filing a baby formula lawsuit are as follows:
- Consequential damages or compensation for the parents and the infant suffering from NEC.
- Medical bills, cost of present, past, and future treatments
- Income that was lost by the parents as a result of taking care of the child
- Emotional suffering or physical pain
This isn’t a comprehensive list of the damages you can seek by filing a Similac lawsuit. Depending on the severity of the case, you may receive more or less compensation. In order to determine your settlement amount, we suggest you reach out to an experienced attorney.
Similac Baby Formula Lawsuit: The Takeaway
To sum it up, any child who was born before 37 weeks of pregnancy and later was diagnosed with NEC is eligible to file a lawsuit against Similac. By suing Abbott Laboratories and Similac, you can seek both economic and non-economic damages, earning fair compensation.
Just make sure to keep handy medical records and other evidence as your attorney suggests so that you can file a case without delay.