Baby formula is supposed to nourish babies and provide them with the nutrients they need to grow and develop. Unfortunately, milk-based baby formula has been shown to create developmental problems in young children. Specifically, it has been found to cause necrotizing enterocolitis and other serious physical conditions.
If you believe your child has suffered an injury or illness due to manufactured baby formula, you may be entitled to compensation. But you’ll need skilled representation to get it. The baby formula lawyers at Catania & Catania Injury Lawyers have decades of experience in product liability law. We’ve recovered over $500 million for our clients.
Contact us today or call (813) 222-8656 to schedule a free consultation with one of our award-winning personal injury lawyers.
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How Catania & Catania Injury Lawyers Can Help With Your Child Injury Claim
Child injuries and illnesses can cost hundreds of thousands of dollars or more to treat over a child’s lifetime. If your child has developed necrotizing enterocolitis after consuming baby formula, you are not alone.
There are countless lawsuits being filed against manufacturers of milk formula. But you’ll need to act fast if you want to obtain compensation for your child’s medical expenses and other damages – compensation that can give them a shot at a normal life.
Catania & Catania Injury Lawyers has 30 years of experience holding large product manufacturers and insurers responsible for our client’s injuries. We’ll match these corporations resource for resource, and we’ll never let them bully you or your child.
When you hire Catania & Catania Injury Lawyers, we will:
- Conduct an independent investigation
- Gather evidence of your child’s consumption of baby formula and resulting illnesses
- Calculate the full value of your child’s economic and non-economic damages
- Enlist the help of leading experts to strengthen your claim
- Submit insurance claims and settlement demands with at-fault parties
- File a lawsuit to protect your child’s rights to compensation
Our product liability lawyers have been listed as “Best Attorneys in America.” Martindale-Hubbell has recognized our lawyers with AV Preeminent and Client Champion ratings. You can trust us to help get you the compensation you deserve in a baby formula lawsuit.
Contact us today for a free consultation to discuss your claim.
What is Baby Formula?
Baby formula, or “infant formula,” is a catch-all term used to describe manufactured powdered and liquid breast milk substitutes designed for babies under 12 months old. Most baby formula is made with cow milk that has been modified to resemble human breast milk. There are also soy-based formulas and protein hydrolysate formulas.
Infant formula typically comes in three forms: powdered formula, concentrated liquid formula, and ready-to-use formula. The CDC estimates that 75 percent of babies in the United States receive at least some formula by six months of age. These formulas are commonly given to babies who are born at a low birth weight.
The Food and Drug Administration is responsible for regulating commercial baby formulas to ensure they meet nutritional and safety standards.
Why Are Parents Filing Baby Formula Lawsuits?
Parents are suing several manufacturers of infant formula, alleging they knew or should have known that their products could cause necrotizing enterocolitis in premature infants.
NEC is a serious gastrointestinal disease that can result in intestinal tissue death and perforations in the intestinal wall. When the tissue is weakened, the intestine can no longer hold waste. Therefore, the body’s waste products can pass into a baby’s abdominal cavity or blood, which can cause sickness, serious blood infections, or death if left untreated. Studies show that as many as half of cases of NEC can be fatal.
Baby formula lawsuits claim that manufacturers failed to warn parents and medical professionals about the risks of their products.
Lawsuits have been filed against:
- Mead Johnson, manufacturer of the popular Enfamil formula
- Abbott Laboratories, manufacturer of Similac formulas
Reports dating back 30 years have shown that premature babies who consume commercial formulas have up to a 10x higher risk of NEC compared to other babies. Many other clinical studies have found that infant formula significantly increases the chances of NEC in premature babies.
Has the FDA Recalled Commercial Baby Formulas?
The FDA has not recalled Enfamil or Similac formulas for causing necrotizing enterocolitis in preterm infants.
The FDA recently recalled Similac, Alimentum, and Elecare powdered infant formulas for potential Cronobacter contamination, which can cause serious bacterial infections in babies. Cronobacter can cause crying, lethargy, and poor feeding in infants. It can cause meningitis in serious cases.
The FDA recall came on the heels of four reports of serious illness in infants who consumed the products. Two of these infants succumbed to their illness. Abbott later issued a voluntary recall of some of its batches of formula. You can check whether your batch of Similac, Alimentum, or Elecare powdered formula has been recalled here.
Keep in mind: you do not need a recall to hold a manufacturer liable for your baby’s illness after consuming the commercial formula. Contact one of our product liability lawyers to learn how we can help you prove your claim.
Do I Qualify to File a Baby Formula Lawsuit?
If your baby was diagnosed with necrotizing enterocolitis after consuming Similac or Enfamil, you may have standing to file a product liability lawsuit against Mead Johnson or Abbott Laboratories.
You may have given your baby Similac or Enfamil after they were born. Alternatively, a hospital or medical professional may have given them these formulas shortly after their birth.
Our baby formula attorneys can help you investigate whether (and how much) commercial baby formula was given to your baby at a hospital or medical facility. Contact us today for a free consultation to discuss your case.
What Is the Status of the Baby Formula Lawsuits?
Lawsuits against Abbott Laboratories and Mead Johnson are pending in federal and state courts across the U.S. Plaintiff lawyers in Illinois have asked the state supreme court to consolidate 85 baby formula claims for discovery and pretrial matters.
Abbott Laboratories has asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate 17 federal cases into multidistrict litigation. There have also been class action lawsuits filed against infant formula manufacturers.
The lawsuits are still in their early stages, which makes it difficult to predict the success or settlement value of baby formula cases.
What Is My Baby Formula Lawsuit Worth?
Although there are dozens of baby formula cases pending against manufacturers like Mead Johnson and Abbott Laboratories, no two cases are exactly alike. The value of your child’s case will depend on the damages they suffered after consuming commercial formula and developing necrotizing enterocolitis.
By answering the following questions, you can gain a sense of what your child’s claim may be worth:
- Do I have strong evidence that my child consumed Similac or Enfamil after their birth?
- How severe are the complications from my child’s NEC?
- How will these complications impact their life, now and in the future?
- What are their medical costs and projected medical costs for NEC?
- How have other lawsuits against baby formula manufacturers fared?
The best way to determine the full extent of your child’s damages is to schedule a consultation with one of our personal injury lawyers. Contact us today for a free consultation to discuss your case.
What Kind of Damages Are Available to Children Who Develop an Illness After Using Commercial Baby Formula?
You and your family are entitled to many different types of damages if your baby developed NEC after consuming baby formula products. Child injury claims can be worth millions. Why? Children, especially babies, are still developing, and injuries and illnesses can stunt development and cause lifelong problems.
Child injuries can be extremely expensive to treat over a lifetime, and such conditions can result in other serious losses like diminished earning capacity and pain and suffering.
At a minimum, your family will be entitled to economic damages to cover financial losses related to your child’s illness, including:
- Past and future medical expenses
- Lost earning capacity
- Physical therapy
- Psychotherapy
- Out-of-pocket expenses
- And other losses
Just as importantly, your child may be entitled to non-economic damages to compensate for their:
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Inconvenience and embarrassment
- Scarring and disfigurement
- And more
You may be entitled to additional damages for your child’s wrongful death. When you hire us, we can consult with leading medical and economic experts to calculate your child’s damages to the last cent — and ensure they have all the financial support they need to live a normal life.
We’ll Fight to Recover Compensation For All of Your Child’s Injuries or Complications from NEC
You can count on Catania & Catania Injury Lawyers to help you recover compensation for all the complications of your child’s necrotizing enterocolitis, including:
- Sepsis
- Peritonitis
- Intestinal stricture
- Intestinal perforation
- Liver problems
- Short bowel syndrome
- Wrongful death
Contact our law office today to get started.
How Do I Prove My Baby Formula Lawsuit?
Some older baby formula lawsuits tended to revolve around medical malpractice claims. However, most of these lawsuits are now being filed as product liability claims. Product liability claims can create strict liability (meaning you do not have to prove negligence by the manufacturer) under a few circumstances: design defects, manufacturing defects, and failure to warn.
A product suffers from a design defect if it has a flaw that makes it unreasonably dangerous. A warning/marketing defect occurs when a manufacturer knows or should know of risks inherent to the product but fails to warn consumers of those risks. Most infant formula cases against Mead Johson or Abbott Laboratories allege that their baby formulas suffered from design defects and/or warning defects.
To win your product liability suit, you will have to show:
- The manufacturers knew or should have known that their baby formula could cause necrotizing enterocolitis
- These manufacturers failed to warn you about the risks
Our product liability attorneys can help you gather the proof you need for your claim. We will obtain and analyze evidence about the hospital’s procedures for feeding newborn and premature babies. We will also help you collect receipts and packaging showing that your baby consumed Similac or Enfamil before developing NEC.
Contact Catania & Catania Injury Lawyers For Help Filing Your Baby Formula Lawsuits
Baby formula lawsuits are moving fast. You don’t want to miss your opportunity to file a lawsuit if your child developed necrotizing enterocolitis after using Enfamil or Similac. In Florida, you only have four years to file your product liability claim.
Catania & Catania Injury Lawyers has recovered hundreds of millions of dollars for families just like yours. Let us put our award-winning lawyers to work on your case and help get the compensation your child needs to move forward.
Contact our legal team today for a free consultation to learn how we can help you. Our baby formula lawyers are standing by.
