Filing A Lawsuit Against Similac and Enfamil Baby Formulas [NEC]
You may file a lawsuit or mass tort claim if you premature baby developed NEC or similar medical complications after being provided Similac or Enfamil in a hospital setting. As a parent you can seek a recovery from the manufacturers of these baby formulas by filing an insurance claim based on the symptoms your child is experiencing.
Filing A Toxic Baby Formula Lawsuit
If you have a potential claim on behalf of your child, do not delay. Call us at 866-434-0014. You may be eligible to file a baby formula lawsuit if your premature infant was provided Similac or Enfamil and experienced serious complications, especially if your baby was diagnosed with necrotizing enterocolitis (NEC), sepsis, or any form of bacterial infection.
How do I qualify for a baby formula lawsuit?
If you’re wondering how to join a baby formula lawsuit, please review this list of qualifying criteria.
In order to file a baby formula lawsuit, the following must apply:
You're child was born premature,
Your child was fed Similac or Enfamil, and
Developed NEC or other gastrointestinal issues
For help with how to file a baby formula lawsuit, please call 1-866-434-0014 for a FREE consultation with an experienced toxic baby form.
We will review your claim, help determine your eligibility, and if you decide to hire us, fight tirelessly for your family's right to compensation.
Call 1-866-434-0014 and let’s review your claim.
Legal Grounds for Suing Abbott Laboratories and Mead Industries
Baby formula lawsuits are bring brought against the manufacturer of the formula, such as Abbott or Mead Industries. These lawsuits allege that the companies failed to properly warn consumers about the risks of their products, or that they knowingly sold defective or contaminated formula. In order to succeed in a baby formula lawsuit, plaintiffs must be able to show that they suffered an injury as a result of using the formula, and that the injury was caused by the negligent actions of the manufacturers. However, medical evidence supports that pre-mature babies who rely on cow-milk based formulas such as Similac are six to ten times more likely to develop Necrotizing Enterocolitis (NEC) compared to infants provided breast milk. To make matters worse, the U.S. Food and Drug Administration published a completed list of recalled brands that have caused bacterial infections, hospitalization, and even death.
If you believe that you have a valid claim, you should speak with an experienced product liability attorney who can help you navigate the legal process.
The Statute of Limitations In Baby Formula Lawsuits
The Statute of Limitation is a law that sets a time limit on how long after an injury someone has to file a civil lawsuit. The time limit varies depending on the type of case and the state in which it was filed. In general, products liability cases cases, such as the baby formula lawsuit, have a shorter time limit than other types of cases and is generally 1 to 4 years. However, mass tort lawsuits are complex civil cases that involve multiple plaintiffs who have been injured by the same product or exposure to the same toxic substance. Due to the complex nature of these cases, the Statute of Limitations can vary depending on the specifics of each case. If you have been injured by a defective product or exposure to a toxic substance, it is important to consult with an experienced attorney to determine the applicable Statute of Limitations.
How Does The "Discovery Rule" Impact The Time To File A Lawsuit?
Although the statute of limitations in most states ranges from 1 to 4 years after the injury event occurred, the time period in baby formula lawsuits for most states does not start until a parent could have reasonably understood that the cow-based product caused the infants resulting injuries. The is called the "discovery rule." discovery rule is an exception to the statute of limitations that allows you to file a lawsuit even if the time limit has expired, as long as you can show that you only recently discovered the injury. This exception is particularly relevant in mass tort lawsuits, where it can take years for victims to realize that they have been harmed by a defective product or exposure to toxic chemicals. If the discovery rule applies, victims may still be able to seek compensation for their injuries, even if the statute of limitations has expired. However, it is important to note that the discovery rule is not always applicable, and it can vary from state to state. As such, it is important to consult with an experienced attorney to determine whether you are eligible to file a mass tort lawsuit.
What is the average payout for claims against Similac and Enfamil?
As of June 5, 2022, no claims asserted against Similac and Enfamil have settled, so there is currently no average or estimated payout sum for the claims made against the manufacturers of these baby formulas. However, early estimates predict that a family's recovery for the injuries their baby experienced in this mass tort claim will range between $200,000 and $500,000 on average, which claims also exceeding and being less than this estimated range.
The average payout in a mass tort lawsuit varies depending on the severity of the injuries. Unlike class action lawsuits, mass tort claims are individual claims, allowing claimants to generally obtain larger economic recoveries.
After Filing Your Lawsuit
There are four stages in any mass tort lawsuit: investigation, case management conference, bellwether trial, and settlement negotiation.
Investigation
The first stage is the investigation, during which both sides gather evidence and build their cases. Already, there is strong medical documentation evidencing that Abbott and Mead Industries have been aware of the dangerous effects preemies ingesting cow-based formulas dating back to the 1970's. However, rather than properly warn parents of doctors, the companies decided to produce and distribute the product for years without disclosing its hazardous impacts.
Case Management Conference
The second stage is the case management conference, where the judge reviews the evidence and sets a schedule for the bellwether trial.
Bellwether Trial
The third stage will be the bellwether trials, which have not started in this products liability lawsuit. During the bellwether trials a small group of plaintiffs' cases are tried before a jury. The outcomes of these trials can help determine the settlement range of the other cases that are still pending. The purpose of a bellwether trial is thus to provide some clarity and certainty in a complex legal situation.
Settlement Negotiation
The fourth and final stage is settlement negotiation, during which the two sides try to reach an agreement on compensation for the plaintiffs. If they cannot reach an agreement, the case will go to trial.
What To Expect In A Baby Formula Lawsuit
Parents can expect the baby formula lawsuit to take anywhere between 2 to 5 years to settle, and there is no guarantees in any legal matter. Although we cannot be sure that the Similar and Enfamil baby formula claims will result in compensation, it seems likely that based on the number of lawsuits and the strength of the evidence against Abbott Labs and Mead Johnson that the lawsuits will eventually settle — and for significant amounts. In a multidistrict litigation action such as this one, it is generally settled in the form of a “global settlement,” where all of the claims are settled together once the plaintiffs and defense settle on a given amount.
Getting A Lawyer
In order to ensure your claim is properly filed, it is necessary to retain a mass tort attorney that handles products liability lawsuits. Mass tort claims are often consolidated and filed in different States, so the attorney must make sure your claim in filed in the right jurisdiction. A mass tort attorney will understand:
Federal rules of civil procedure governing discovery, motions, and other pretrial matters;
How to properly review the hospital and treatment records
How to establish causation against Abbott and Mead
How to address the aggregation of claims
How to settle mass tort cases in the clients best interest
Justice counts for parents whose child ingested a potentially toxic baby formula causing them to suffer from necrotizing enterocolitis (NEC), or similarly dangerous digestive issue or bacterial infections. Our lawyers understand how cow-milk based baby formulas impact the heath and vitality of premature children and are fighting to make sure the product developers are held fully accountable.
Contact Us Today For Assistance
Call 1-866-434-0024 today to speak with an experienced personal injury lawyer handling Similac and Enfamil the baby formula claims. Our attorneys can assist you with filing a claim today to join the mass tort lawsuit related to Similac and Enfamil products against Abbott Laboratories and Mead Johnson.