Parents across the country are filing lawsuits against Abbott Laboratories and Mead Johnson & Co., the manufacturers of Similac and Enfamil infant formulas, alleging that the companies knew of and failed to disclose the risks of their products for premature infants and instead aggressively marketed their products as safe for consumption by premature babies.
Why Are Baby Formula Makers Being Sued?
Abbott, the maker of Similac baby formulas, and Mead Johnson & Co., the maker of Enfamil baby formulas, are being accused of being aware that their infant formula products posed an unreasonable risk of causing dangerous and life-threatening medical conditions for premature infants who consumed the manufacturers’ formula. The manufacturers are accused of ignoring medical research that has drawn a link between their formula products and an increased risk of premature infants developing a condition called necrotizing enterocolitis, or other gastrointestinal problems. Instead, it is claimed that the manufacturers falsely marketed their products as being just as safe as breast milk. Lawsuits allege that the manufacturers should have either reformulated their products to be safer for premature infants or should have adequately warned about the risks of their products for preterm babies.
How Baby Formula May Be Dangerous for Premature Infants
Infant formulas such as Similac and Enfamil are manufactured using cow’s milk. Recent scientific studies have identified a potential link between cow’s milk-based infant formulas and an increased risk of premature babies developing necrotizing enterocolitis, or NEC. It is believed that premature babies’ underdeveloped intestinal tracts are susceptible to infection by bacteria naturally present in cow’s milk. If a baby’s intestinal tissue is infected by bacteria, it may become inflamed. An untreated infection and inflammation may eventually lead to perforation of the intestinal wall, causing fecal matter to leak into a baby’s abdomen. When this occurs, a baby may quickly suffer brain damage, sepsis, and eventually death. While NEC can be treated if caught early enough, a baby may end up requiring the removal of a permanently damaged intestine, which may lead to lifelong gastrointestinal issues.
For this reason, the American Academy of Pediatrics advises that premature infants should only be fed human breast milk.
Filing an NEC Baby Formula Claim
If you have a child who was fed Similac or Enfamil as a premature infant and developed NEC or other gastrointestinal issues, you may be entitled to file a Similac or Enfamil lawsuit. A baby formula lawsuit may allege:
- Defective design: A defective design claim alleges that Abbott Laboratories and Mead Johnson & Co. chose an unreasonably dangerous formulation by including cow’s milk in their products.
- Failure-to-warn: A failure to warn claim alleges that the formula manufacturers should have provided warnings of the risks their products posed to premature infants and should not have engaged in marketing that claimed that their products were safe for preterm babies.
In a baby formula lawsuit, you and your family may be entitled to recover compensation for:
- Costs of medical treatment for your baby’s NEC
- Costs of long-term care if your baby suffers from chronic complications of their disease
- Pain and suffering
If your child passed away from NEC, you may be entitled to pursue a wrongful death claim that will allow you to recover compensation for the emotional trauma and distress you experienced due to your child’s passing.
Contact a Lake Worth Personal Injury Lawyer to Discuss Your Baby Formula Case in Florida
Did a loved one sustain serious injuries due to defective baby formula in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Gonzalez & Cartwright, P.A. represent clients injured because of defective baby formula products in Hollywood, Miramar, Coral Springs, Davie, and throughout Florida. Call (561) 533-0345 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 813 Lucerne Ave., Lake Worth, FL 33460, as well as offices in Pompano Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.