NEC lawsuit Updates
Abbott Secures Third Consecutive Defense Victory in NEC Bellwether Trial
For the third time, a federal bellwether trial in the NEC (necrotizing enterocolitis) multidistrict litigation has concluded in Abbott's favor. Judge Pallmeyer granted Abbott's motion for summary judgment in a case involving a deceased infant. The ruling hinged on the plaintiffs' inability to prove a key legal element: that a feasible, safer alternative design existed for the cow's milk-based formula at the time of the injury. The court also found the product's utility outweighed its alleged risks. This repeated outcome represents a significant challenge for plaintiffs in the federal MDL, suggesting that this legal pathway may not be viable for resolving these claims.
Researchers Propose Trial to Reduce NEC Risk in Preterm Infants
As manufacturers face lawsuits alleging their formulas cause necrotizing enterocolitis (NEC), researchers are proposing a new preventative study. Published in BMC Pediatrics, the trial protocol aims to determine if heating nutrition products to a specific temperature before feeding very preterm infants can decrease the incidence of the life-threatening intestinal disease. This research, titled "Milk temperature reducing necrotizing enterocolitis in very preterm infants," seeks to establish a potential safety protocol, with results pending. The initiative arises amidst ongoing litigation claiming cow's milk-based formulas significantly increase NEC risk.
Abbott Notes Profit Decline Amid Growing NEC Infant Formula Lawsuits
Abbott's recent earnings report cites a profit decline in its nutrition division, attributing it partly to rising litigation. Hundreds of lawsuits have been filed against Abbott and Mead Johnson by parents whose premature infants developed necrotizing enterocolitis (NEC) after being fed cow's milk-based formula. Studies confirm these formulas significantly increase the risk of this life-threatening intestinal condition. The lawsuits allege the manufacturers knew of these risks but failed to warn parents, doctors, and regulators.
NICU Nurse Alleges Manufacturers Concealed NEC Risks from Cow's Milk Formula
Jenna Wells, a NICU nurse from Florida and Tennessee, asserts that Abbott and other infant formula manufacturers knew their cow's milk-based products increased the risk of necrotizing enterocolitis (NEC) in premature infants but concealed this information. She claims hospitals submitted reports of NEC cases to these companies, which were not shared with regulators. Her testimony supports lawsuits filed by parents whose children suffered lifelong injuries or death from NEC, alleging the manufacturers failed to warn about the dangers of their cow's milk-based formulas and fortifiers.
About NEC Lawsuits
Necrotizing Enterocolitis (NEC) is a severe gastrointestinal disease that primarily impacts the most innocent - premature infants. Since the 1960s, certain infant formulas, particularly those based on cow’s milk, have been linked to an increased risk of NEC. Despite the link between NEC and cow-based infant formulas, neonatal care units and care facilities continue to use the solutions nationwide, which leads to suffering and devastating consequences.
NEC typically impacts premature babies and can lead to serious health complications that include intestinal damage, sepsis, and, in some cases, death.
In recent years, medical professionals and researchers have pointed a finger at the dangers of using cow’s milk-based infant formulas - especially in premature infants. However, despite the publicity, many parents remain unaware of the risks associated with milk-based formulas and the link with NEC.
If your family or loved one has been impacted by NEC, you may have legal options to seek compensation.
Currently, a variety of NEC lawsuits are being filed against formula manufacturers who have failed to adequately warn the public about the potential dangers of cow-based formulas. The class action lawsuits allege that the infant formula manufacturing companies knew about the risks to infants but continued to market and distribute these formulas without offering safety warnings.
If your infant has been diagnosed with NEC after being fed cow’s milk-based formula, you may have legal options. Joining a class action NEC lawsuit could allow you to seek compensation for the medical costs, pain, and suffering caused by the devastating condition.
Who Qualifies for the NEC Class Action Lawsuit?
To participate in an NEC class action lawsuit, you must meet certain criteria, such as the following:
- Your infant has been fed a cow’s milk-based formula.
- Your child was diagnosed with Necrotizing Enterocolitis (NEC) following formula feeding.
- You can provide medical documentation that shows a direct link between your child’s health condition and the use of the formula.
- Your child was born prematurely.
Additionally, your infant must have been diagnosed (less than 1 year old) with the following cancer(s):
- Necrotizing Enterocolitis (NEC)
- Short Bowel Syndrome (SBS)
- Gastrointestinal Injury (GI Injury)
Please note: To pre-qualify, your baby must have been born from 2007 - present.
If you meet these requirements, you could be entitled to compensation. However, it’s important to seek legal advice to determine your eligibility. Various factors impact eligibility and all cases are unique.
Which Companies Are Involved in the NEC Lawsuit?
Several infant formula manufacturers have been implicated in NEC lawsuits. Currently, the companies and manufacturers are facing allegations that they failed to warn parents and healthcare providers about the risks of using cow’s milk-based formulas - especially with premature infants.
The NEC lawsuits claim that these companies were aware of the potential dangers but continued to promote and sell their products despite the risks. As more research links these cow’s milk-based formulas to NEC, the number of cases against these companies is forecast to increase substantially.
If your child has suffered from NEC due to formula feeding, you may qualify to join the class action lawsuit.
How Much Compensation Should You Expect in Your NEC Lawsuit?
Determining the exact settlement amount in an NEC lawsuit can be challenging. Typically, the amount depends on several factors such as:
- The severity of your child’s condition.
- The extent of the damages and medical expenses incurred.
- The strength of the evidence presented.
At this point, NEC lawsuits are still in the early stages, and settlements or jury trials have not yet taken place. However, based on similar historic cases involving health-related claims, the potential settlement amounts will ultimately depend on how badly your child has been impacted by the use of the formula.
If you believe your child has been impacted by NEC, please act now. Contact us to learn more about your rights and whether you may qualify for the NEC class action law.
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