You’re a parent, and you love your little one. You want to do everything you can to ensure they grow up healthy. That’s why you’ve decided on the best formula for your baby.
It has optimal nutrition, fewer allergens than other brands, and meets all your standards. But when you look at the label on this brand-name formula, you realize something is wrong with it. What happened? How could this happen in today’s world?
You are not alone if these thoughts have crossed your mind since news broke about formula NEC lawsuits against Nestle Nutrition and Abbott Laboratories Inc. This issue affects many parents who rely on infant formulas for their children’s health needs.
What Is the Baby Formula NEC Lawsuit?
The Baby Formula NEC Lawsuit is a class action lawsuit filed in 2016. The plaintiffs allege that the companies were negligent in their manufacturing processes, resulting in contaminated products that caused babies severe health problems like necrotizing enterocolitis (NEC) and even death.
The lawsuit was filed against Nestle USA Inc., Mead Johnson Nutrition Co., Abbott Laboratories, and other manufacturers of infant formula products. The plaintiffs claim that these companies failed to properly test their products for quality control or recall defective ones before they could cause harm to consumers.
Who Can File a Baby Formula NEC Lawsuit?
You may be eligible to file a baby formula NEC lawsuit if you are one of the following:
- The parent or legal guardian of a child diagnosed with NEC.
- The parent or legal guardian of a child who has developed NEC and survived.
- You believe your child will develop NEC if it is not diagnosed in time or if they do not receive proper treatment.
How to File a Baby Formula NEC Lawsuit?
If you’re wondering how to file a baby formula NEC lawsuit, it’s easier. You can do so online by filling out the required forms and providing the necessary information. The process is straightforward, but there are some things that you’ll need before starting.
These include:
- Your child’s birth certificate or passport
- A copy of their death certificate (if applicable)
- Any medical records related to their illness or death
- Photos and videos
- Witness statements
- Medical records of the administered formula and the NEC affliction
- Medical bills
- Incident reports
- Public records
When Should You File a Baby Formula NEC Lawsuit?
You will need to consider a few things before filing your Baby Formula NEC lawsuit. First, you must file within the statute of limitations. It is the time limit for filing a civil lawsuit and varies from state to state. If you do not file within this time frame, you will lose any right to sue for damages related to injuries caused by your child’s illness or death.
Other factors may also influence when it is best for an individual or family member affected by NEC resulting from contaminated powdered baby formula products. These were manufactured by Mead Johnson Nutrition Co., which include Enfamil Premium Newborn, Similac Advance Non-GMO Infant Formula Powder With Iron, and Isomil Advance Soy-Based Infant Formula Powder With Iron.
How Much Compensation Can You Get from a Baby Formula NEC Lawsuit?
The compensation you can get from a baby formula NEC lawsuit depends on the circumstances of your case. Everyone receives no specific amount, and it depends on the severity of their illness.
For example, suppose someone has been diagnosed with cancer or some other severe disease because they were fed contaminated baby formula as an infant. In that case, they may receive more money than someone who only had mild diarrhea.
The best way to find out how much money you might be entitled to is by talking with an experienced lawyer who has represented many other people like yourself in similar situations. You can claim compensation for pain and suffering, lost income, diminished earning capacity, loss of consortium, and wrongful death and survival actions.
The Deadline to File Your Baby Formula Lawsuit
You must file your lawsuit within the statute of limitations, which varies from state to state. In California, for example, you can file a personal injury claim within two years.
If you wait too long to file, then there may not be enough evidence available for the case against Mead Johnson Nutrition Co., Abbott Laboratories Inc., Nestle USA Inc., Abbott Nutrition Company LLC, and other defendants in this class action suit over faulty infant formulas containing elevated levels of arsenic and lead levels above what federal regulators have deemed safe for infants’ consumption.
Conclusio
If you believe that your child was affected by a formula that caused them to develop NEC, then it is essential to seek legal help. If you are unsure if the formula caused your child’s condition, talk with an attorney who can explain how this type of case works and help you decide whether or not filing a suit is right for you.
