NEC/Baby Formula Lawsuits in New York
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Content Reviewed By:
John Richmond, Co-Founding Member
- December 23, 2024
Baby formula is critical to the health and survival of premature infants. However, baby formula products containing cow milk, such as Similac and Enfamil, have been linked to an increased risk of developing necrotizing enterocolitis (NEC), a potentially fatal digestive disease.
Many New Yorkers became well-acquainted with greedy baby formula manufacturers and distributors after the state reached a recent settlement with Walgreens over illegal price gouging. These companies know you would do anything to keep your baby safe and healthy.
The legal team at Richmond Vona uses its skills, experience, and expertise to hold unscrupulous companies accountable when they take advantage of vulnerable consumers and their families. Our dedicated attorneys are ready to handle your New York baby formula NEC lawsuit. Contact us online or call (716) 500-5678 to schedule a free consultation.
New York Baby Formula Lawsuit Eligibility
NEC leads to inflammation and deterioration of the intestines, increasing the risk of infections and life-threatening complications. It commonly affects newborns, and the vast majority of infants who develop NEC are born prematurely.
NEC often requires intensive treatment, including highly invasive surgery. It is potentially fatal and can leave infants with long-term health complications, including developmental delays.
If your child was diagnosed with NEC after being given baby formula containing cow milk, you may be entitled to damages through a product liability lawsuit. If NEC caused your child’s death, you may also be eligible to pursue justice, accountability, and compensation through a wrongful death claim. We are here to support you and your family.
“Recent studies have revealed that cow-milk-based formulas, like Enfamil and Similac, may increase the risk of necrotizing enterocolitis (NEC), a severe and potentially life-threatening digestive disease in newborns. NEC destroys intestinal tissue, leading to severe infections like sepsis, which may require surgery and can even result in death. At Richmond Vona, we stand with families tragically impacted by defective products and are committed to seeking justice by holding these companies accountable for their actions.”
Richmond Vona Is Here To Help The Next Generation of New Yorkers
While NEC baby formula lawsuits are a fairly new area of litigation, our firm has extensive experience handling product liability cases in New York. Founding partners John E. Richmond and Keith R. Vona started their legal careers handling mesothelioma claims, which are also related to defective products that harm consumers. Our firm is ready to leverage this expertise to build a strong claim on your behalf.
With decades of combined experience in personal injury law and more than $175 million recovered for our clients, our dedicated team knows how to get life-changing case results. We handle cases throughout New York State and can travel to you if you cannot come to us.
Richmond Vona is committed to getting justice for families hurt by defective baby formulas and holding the responsible companies accountable. When we take your case, you can count on us to deliver the undivided attention and high-quality legal services you deserve.
New York Baby Formula Lawsuit FAQs
What Is NEC?
Necrotizing enterocolitis (NEC) is a serious digestive disease that most commonly affects premature infants. NEC can cause a baby’s intestinal tissue to die, potentially perforating the intestines and becoming a vector for infection. In severe cases, NEC requires intensive treatments and can lead to long-term medical conditions.
How Long Do I Have To File a NEC Claim in New York?
The New York product liability statute of limitations is typically three years after the underlying injury. However, exceptions exist that can change the deadline significantly, including extensions for minor plaintiffs. In all cases, if you miss the correct filing deadline, your case will be dismissed in court. Important evidence can also disappear or deteriorate as time passes, so it’s important to seek legal help as soon as possible.
What Manufacturers Are Involved in the Baby Formula Claim?
Abbott Laboratories and Mead Johnson & Co. are the main defendants in pending NEC baby formula lawsuits. Respectively, Abbott and Mead manufacture Similac and Enfamil.
How Is NEC Treated?
When an infant is diagnosed with NEC, medical personnel may give them nutrients through an IV instead of normal feeding. Doctors may give the infant antibiotics or insert a tube to drain fluids and gas from the stomach. The baby might also need surgery to remove dead tissue and stool from their body.
My Baby Has Passed Away Due to NEC After Ingesting Cow Milk Baby Formula. What Next Steps Can I Take?
If you are facing this tragic situation, our hearts go out to you. We are here to support you in your hour of need. You are likely eligible to file a wrongful death claim if your child’s NEC was fatal. Our compassionate attorneys can navigate your claim through the legal system while you grieve and focus on caring for your family.
Can I Still File a Claim if My Baby Recovered From NEC?
Even if your child fully recovers from NEC, you may be entitled to economic damages, such as medical bills for treating the disease. You may also be entitled to non-economic damages, such as compensation for your baby’s suffering. Our team can analyze your circumstances and determine whether you have a viable claim.
If My Baby Was Born Premature, Does That Affect My Eligibility?
If your baby was born prematurely, you are more likely to be eligible for a New York NEC lawsuit. These cases are normally based on harm caused to premature babies, as they’re most likely to receive cow milk formula and account for the majority of NEC diagnoses.
What Are The Signs of NEC in Babies?
Almost all infants that develop NEC are born prematurely. Your child’s medical providers should monitor them for potential symptoms in the NICU. Symptoms can include abdominal swelling, diarrhea, vomiting, lethargy, and unstable vital signs.
I’m Not Located Near Richmond Vona’s Offices. Can You Still Help?
Absolutely. We represent families throughout New York State. We also have attorneys licensed to practice law in other states. No matter the circumstances, we have the skills and expertise to ensure you understand your full legal rights and options.
Have the NEC Lawsuits Been Settled?
NEC lawsuits are still unfolding, with bellwether trials in federal multi-district litigation (MDL) set to begin in 2025. However, some state court lawsuits have already gone to trial, some resulting in massive victories for plaintiffs, including a $495 million verdict against Abbott.
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Richmond Vona Can Handle Your NEC Baby Formula Lawsuit
New Yorkers should be able to trust that baby formula will help their child grow up healthy and strong—not threaten their safety. If your baby developed NEC after consuming formula containing cow milk, call (716) 500-5678 or contact us online to schedule a free consultation. We can help you hold baby formula manufacturers accountable through a New York baby formula lawsuit.