NEC Lawsuit FAQs

NEC Lawsuit FAQs

If doctors diagnosed your child with Necrotizing Enterocolitis (NEC) after receiving cow’s milk-based baby formula as a premature infant, we know you have questions. Many children face life-long challenges from NEC, and families may wonder what they can do to provide for their children and how they will pay for the extensive medical care needed.

The team at Lawsuit Legal News has provided some general information in the NEC lawsuit FAQs (frequently asked questions) below.

After researchers discovered a scientific link between premature babies ingesting cow’s milk formulas and NEC, many injured families filed lawsuits against the formula manufacturers, including Enfamil and Similac.

Every personal injury case is different. To receive personalized information and advice about your family’s situation, talk to a product liability attorney before making any decisions. Our legal professionals offer a free consultation to explain your legal rights and options regarding NEC Lawsuits.

14 Frequently Asked Questions (FAQs) About the NEC Baby Formula Multidistrict Litigation

In multidistrict litigation, a single federal court consolidates and hears similar cases involving a common defendant or product to streamline pretrial proceedings. In this case, the MDL involves children who developed Necrotizing Enterocolitis (NEC) after consuming cow's milk-based baby formula, specifically including Enfamil and Similac products, after a premature birth.

To link your child's NEC to Enfamil, Similac, or another product, consult a qualified medical professional who can review your child's medical history and conduct a thorough evaluation. Medical records, formula consumption history, and expert opinions may establish a connection between a specific formula and NEC.

3. How can I join the NEC baby formula litigation? 

If Enfamil or Similac baby formula harmed your child and you want to participate in the litigation, consult an experienced product liability attorney with NEC and medical lawsuit experience. They will guide you through the process of filing a claim and joining the multidistrict litigation.

The legal professionals at Lawsuit Legal News have extensive experience helping consumers fight large manufacturing companies whose products harmed their family members. Call us today for a free consultation.

4. Is there a deadline to join the NEC baby formula litigation? 

Yes, a statute of limitations sets a deadline for filing claims in product liability cases. The exact deadline for joining the NEC baby formula litigation will vary depending on your jurisdiction and other factors. Act promptly and consult a lawyer as soon as possible to file your claim within the applicable deadline.

5. What compensation can I expect if Enfamil or Similac baby formula caused my child's NEC? 

The compensation you may receive if Enfamil or Similac baby formula caused your child's NEC can vary based on the specific circumstances of your case. Compensation may cover medical expenses, ongoing medical care, pain and suffering, emotional distress, and other related damages. A skilled attorney can assess the value of your claim.

6. Will joining the MDL affect my child's medical care? 

Joining the MDL should not affect your child's medical care directly. However, continue providing necessary medical treatment to your child throughout the litigation process. Your personal injury attorney can help address any concerns you have about medical care costs and ensure you can meet your child's needs during the legal proceedings.

7. Can I join the MDL if I live in a different state from where the litigation is taking place? 

Yes, you can typically join the MDL regardless of your state of residence. Since it is a federal multidistrict litigation, individuals from various states can participate. A skilled attorney can handle the necessary paperwork and proceedings, even if you live outside Illinois, where this MDL is taking place.

8. How long does an MDL usually take to reach a resolution? 

An MDL's duration can vary significantly based on the complexity of the case, the number of parties involved, and other legal factors. Some MDLs can resolve within a few months, while others may take several years. Your attorney will keep you informed about the progress and developments in your specific case.

To follow the progress of the NEC baby formula MDL and read about the latest breaking news, head over to our NEC Baby Formula Lawsuit Update page for more details.

9. What if my child's NEC was aggravated by other factors besides baby formula? 

If other factors worsened your child's NEC, you may still seek compensation if the formula was a significant contributing factor. Product liability cases consider the concept of "proximate cause," meaning the formula's role in causing or worsening the condition. Again, a dedicated injury lawyer can determine how outside factors may affect your NEC lawsuit.

10. Can I still join the litigation if my child's NEC occurred several years ago? 

The statute of limitations, which sets a time limit for filing claims, varies by state and jurisdiction. In some cases, special rules may apply to minors. Consult an experienced child injury attorney to determine whether you can still file your claim.

11. What evidence will my lawyer need to support my claim? 

To support your claim, you will need to provide relevant medical records related to your child's NEC, formula consumption history, and any other documentation linking the NEC to Enfamil or Similac. A dedicated personal injury attorney will explain the specific evidence required to strengthen your case and gather this information when possible.

12. Can I participate in the litigation if my child's NEC resulted in their death? 

If your child tragically passed away due to NEC linked to Enfamil or Similac baby formula, you might still join the litigation. In such cases, it becomes a wrongful death claim, and the legal process will change accordingly. Consult an attorney who has experience in both mass tort claims and wrong death cases to understand your options.

13. Should I stop using Enfamil or Similac baby formula for my child? 

If you have concerns about using Enfamil or Similac baby formula for your child, discuss your situation with a pediatrician. They can help you make an informed decision based on your child's specific health needs and any potential risks.

14. Why do I need an attorney to help me with my NEC baby formula claim? 

An experienced attorney can play a vital role in your NEC baby formula claim by guiding you through the legal process, gathering evidence to strengthen your case, negotiating with the defendants, and advocating for your rights and interests. 

At Lawsuit Legal News, our legal team maximizes your potential compensation and ensures your voice and your child’s story are heard in the legal arena. Reach out today for more information about how our lawyers can recover the funds you deserve to help your child move forward in life.

As parents facing the medical nightmare involved with your child’s NEC, daily life can overwhelm you. You shouldn’t have to deal with a growing pile of medical bills and other expenses caused by this terrible condition. Let the team at Lawsuit Legal News explain your rights and options during a free consultation. 

Call us at 866-467-0943 or fill out our online contact form today.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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