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The Benefits of Filing an NEC Baby Formula Lawsuit

Alicia Betz
January 17, 2023

Filing a lawsuit isn’t most people’s idea of a good time. However, when their babies are harmed, most parents will go to great lengths to seek justice for their children and to find compensation for the vast financial burden they face after lengthy hospital stays. 

Filing an NEC baby formula lawsuit has many benefits, including being awarded monetary compensation, getting justice for your baby’s injuries, and raising awareness and preventing complications in other babies. 

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If your child was diagnosed with NEC, Select Justice can help you fight for your rights and compensation.


What is NEC? 

nurse article nec

NEC stands for necrotizing enterocolitis, a condition that primarily affects premature infants. The condition occurs when cells in the baby’s intestine are damaged or die. This can cause a hole in the baby’s intestine, and in severe cases, it can lead to death. Symptoms of NEC can include stomach pain and swelling, blood in the stool, lethargy, vomiting, change in heart rate, change in blood pressure, change in body temperature, failure to gain weight, and refusing food. Many babies are not able to recover from NEC and many of those who do face long-term health complications. 

If your baby drank baby formula and was diagnosed with NEC, you may be wondering whether it’s worth it to file an NEC baby formula lawsuit. Here are three of the main benefits of filing an NEC baby formula lawsuit: 

1. Monetary Compensation 

The first and most obvious benefit of filing an NEC baby formula lawsuit is the monetary compensation you could walk away with. Filing an NEC lawsuit against companies like Similac or Enfamil could potentially lead to a large cash settlement. 

If you have a baby who was in the neonatal intensive care unit (NICU) and suffered from NEC, you already know how expensive caring for a baby with the disease can be. Hospital bills can very quickly pile up even if you have insurance, and many families take years to pay off their bills. People who file lawsuits may be awarded compensation for the hospital bills their child incurred while fighting NEC. 

Additionally, many families need to travel to visit their baby while in the NICU if they don’t have a NICU near their home. The expenses of traveling to see your baby can add up as well. These can include gas, wear and tear on your car, public transportation, parking, meals out while traveling, hotel stays, and more. Cash awarded in a settlement can help reimburse these costs. 

Another compensation you can seek in a lawsuit is for pain and suffering as well as ongoing medical care. Many babies who survive NEC end up with long-term health complications. One of the more common complications is a condition called short bowel syndrome. Money awarded during a lawsuit can help you and your child pay for long-term care even as they age. 

It’s very stressful to have a sick baby. Knowing that your expenses are taken care of can lift a huge weight off your shoulders regardless of your baby’s outcome. 

2. Justice for Your Baby

Filing an NEC baby formula lawsuit is just one way you can seek justice for your baby, whether he or she survived NEC or not. It’s easy to feel like you, your baby, and your problems aren’t seen, and it can be frustrating to feel like the major corporations always come out on top. By filing a lawsuit, you can hold these large companies accountable for the harm that has come to babies due to their products. Seeking justice in this way can help you feel vindicated, and winning puts tangible evidence to that justification. 

3. Raise Awareness and Prevent Complications in Other Babies

The more people file lawsuits and fight back against formula companies, the more awareness will be raised about the topic. This can help other families be aware that they can seek justice for their babies. You can also raise awareness for other parents so they know what the disease is and can be on the lookout for signs. 

When your baby suffers from NEC, it’s hard not to feel helpless. By the time the disease presents, your baby’s healthcare providers have to work very hard to help them fight against the disease. 

While NEC isn’t necessarily preventable, there are things parents can do to reduce their child’s risk of developing NEC. For example, babies who consume breast milk are less likely to develop NEC. By filing a lawsuit, you add another voice to the NEC community, and you can help raise awareness for the disease. By raising awareness and spreading information about NEC, you may be able to help parents of babies at high risk for NEC choose to breastfeed or use donor milk in hopes of avoiding the disease. 

Raising awareness can also help parents of premature and NICU babies know the dangers of these formulas and what signs to look for that their baby may be developing NEC. Staff in the NICU is highly trained to recognize the signs, but the more informed parents are, the more they can participate in their baby’s care as well. The sooner the disease is recognized the better. 

How to File an NEC Baby Formula Lawsuit 

If your baby was diagnosed with NEC and used any of the formulas identified in NEC baby injury lawsuits, you may be eligible to file a lawsuit against either Abbot Laboratories or Mead Johnson. We can help you determine if you are eligible to file a lawsuit, and we can help you find an NEC lawyer who can work with you to bring your case against formula manufacturers.

Free Case Evaluation

If your child was diagnosed with NEC, Select Justice can help you fight for your rights and compensation.


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We are here to help you and loved ones advocate for justice. Feel free to send us any questions you might have, either about an injury or the process for pursuing justice so we can help you exercise your rights.

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