Across the country, Similac lawsuits have been filed alleging that popular cow milk-based baby formula has caused many premature babies to develop NEC. Necrotizing enterocolitis is a very serious gastrointestinal infection that can lead to long-lasting medical issues or even death.
Kwartler Manus investigates potential Similac lawsuits against the formula manufacturer, Abbot Laboratories. Their failure to warn consumers about the risks of NEC that are associated with Similac has been an ongoing problem. Parents who bring forth a successful baby formula NEC lawsuit have the capability to receive handsome financial compensation.
Who Can Be Held Responsible?
Since Abbott is fully and knowingly aware of the evidence that links Similac to higher rates of NEC in premature babies the negligence radiates from their lack of proper warning. The company is legally obliged to warn about any or all known risks and dangers associated with its products. From a consumer and even third-party standpoint, it appears that Abbott has made a deliberate choice not to include any warnings about NEC on their products.
Regardless of the fact that they wish to avoid any negative impact on the product’s marketability, it is still very wrong to proceed this way. The organization’s failure to warn about NEC is the main reason for legal claims in Similac NEC lawsuits being filed against them. As NEC baby formula lawsuits continue to develop, it is likely that all pending Similac filings in federal courts will be consolidated into a new class-action MDL or multi-district litigation.
Average Settlement for NEC Lawsuits
To date, the average verdict or settlement of an NEC baby formula lawsuit is around 3.5 million dollars. However, this does not necessarily mean that you will be awarded that amount. There are a variety of different measures that go into NEC lawsuit damages. A lot of the time, it depends on the jury that issues the verdict. While the rest depends on your child’s individual damages that they suffer from with the formulas.
The extent to which care is given is determined by the seriousness of the case. In recent lawsuits, babies have either suffered permanent long-term damages or died from NEC. KM attorneys have seen times in which the infant passed away just four months after developing NEC. In another claim, a baby passed away one month after getting sick. The length of time the baby survives and experiences pain after contracting NEC could potentially contribute to the damage award.
Severe Cases of NEC
When there are more severe cases, it will result in larger payments for the affected baby and family. This is due to the fact that the baby will need more medical treatment and the risk of long-term complications that cause pain and suffering are increased too.
The main components of damages in a product liability lawsuit contain the following:
- Costs of all past and future medical bills
- Payment for past and future pain and suffering
- Compensation for future physical limitations
- Future out of pocket costs
- Loss of consortium for the family when the baby has long term health problems
Families may even also be paid for their emotional trauma and any time missed from work if they have been caring for their sick baby.
In the case of a wrongful death damages baby formula lawsuit there are some distinctions in regards to what the family is paid. If a baby passed away from NEC, parents could be compensated for what their baby could have earned over their lifetime, grief and trauma over losing a child, and money for the loss of the closeness that the family would have had with the child.
Call a Philadelphia NEC Attorney Today
The attorneys at Kwartler Manus can help you if you believe you and your baby have fallen victim to the effects of NEC. Call us today at 267-214-8608, or fill out an online contact form to help us get started on your case.