Baby Formula Recall Lawsuit

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Duncan Firm

Recently, parents have brought claims against several manufacturers of baby formulas made with cow’s milk, which linked to causing illness and death in premature infants. If your premature baby was given cow’s milk-based products while in the NICU (Neonatal Intensive Care Unit) and developed NEC (necrotizing enterocolitis), you may be eligible to make a claim. Consult with the experienced legal team at Duncan Firm to determine your options.

The Connection Between Baby Formula and NEC

When a baby is born before 37 full weeks of pregnancy, the baby is considered premature or preterm and must receive intensive care. Studies have shown that feeding cow’s milk to babies in the first few weeks of life likely puts them at significant risk of developing NEC.

This degenerative bacterial infection of the gastrointestinal system largely affects premature babies. It involves a deterioration of the intestines that may lead to a narrowing or perforation of the intestinal wall. If treated promptly, the disease can be cured with no complications. However, if not treated quickly, there is a high chance of developmental problems, cerebral palsy, organ failure, and a 50% chance of death.

These risks can be avoided by feeding premature babies human donor milk instead. Recent lawsuits are alleging that baby formula manufacturers knew of the risks of NEC and failed to inform doctors and the public of the potential harm that their products could cause.

When You May Have Grounds to Sue

You may have grounds to sue if he or she meets the following criteria:

  • Your baby was born after 1991.
  • Your baby was born premature.
  • Your baby was fed a cow’s milk-based formula or fortifier during the first three weeks of life while in the NICU. Product brands include but are not limited to Enfamil, Similac, Earth’s Best, Happy Baby, Go & Grow, Gerber, Parent’s Choice, Baby’s Only, Loulouka, Holle, Kendamil, Bobbie, and Lebenswert.
  • Your baby developed NEC and suffered injuries or complications including but not limited to intestinal perforation, surgery, sepsis, gastrointestinal issues, cerebral palsy, or death.
  • You are not currently represented by another attorney.
  • You are / were the child’s legal guardian and can provide the mother’s date of birth, Social Security number, and HIPAA information for her and the baby.

Contact the Duncan Firm baby formula lawyers as soon as possible with any questions you may have as you have a limited amount of time to make a claim. 

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