NEC Baby Formula Lawsuit

Serving Residents Throughout Hidalgo County and all of Texas.

Feeding your child is one of the most essential and personal acts you can take part in after the birth of your child. When doing so actually harms your child, it can leave you desperate for answers and justice.

NEC Baby Formula Lawsuit

With Personal Injury Law Offices in McAllen and Dallas, TX

Feeding your child is one of the most essential and personal acts you can take part in after the birth of your child. When doing so actually harms your child, it can leave you desperate for answers and justice.

If you’re reading this, your child may have developed severe intestinal or stomach issues after being fed cow milk-based baby formula products. You are undoubtably worried about your child. You may have medical bills piling up. You may have lost time at work to care for your child, causing added financial strain.  You are also likely looking for someone who can provide some guidance during this confusing time.The Law Firm of Ricardo A. Garcia is here to help. We offer free legal advice. Call our McAllen NEC baby formula lawsuit lawyers.You never need to worry about paying anything upfront to get the answers you need. You can call us any time to schedule a free legal consultation.This page will give you some of the basics involved in an NEC baby formula lawsuit. We’ll start by giving you an overview of this type of claim. Then, we’ll use a story to illustrate how such a case may come about and how important it is for you to pursue action.

What is NEC?

NEC, or necrotizing enterocolitis, is a serious and sometimes fatal intestinal disease that presents most often in preterm infants. It occurs when regions in the small intestine and large intestine become inflamed or injured, causing the tissue in the intestines to die off and form holes in the intestinal wall. This then allows bacteria to leak out of the intestine into the abdomen, resulting in severe infection and potentially death.According to the Children’s Hospital, Los Angeles, the only common trait in infants who develop this condition is that they engaged in formula feeding and were born prematurely.NEC is often seen within a premature infant’s first two weeks of life. The baby formula is often administered at home by parents and caregivers, but in some cases, it is administered while the infant is still in the NICU by healthcare professionals.

Qualifying for this Claim

If you believe that your child’s intestinal injury and distress is related to NEC, you may be able to file a NEC baby formula lawsuit, if your child:

• was born prematurely;
• was fed formula or milk fortifier with a cow’s milk protein base; and
• was diagnosed with NEC, suffers from severe intestinal issues, or required surgery to address these issues.

Free Consultation

If you’re reading this, your child may have developed severe intestinal or stomach issues after being fed cow milk-based baby formula products. You are undoubtably worried about your child. You may have medical bills piling up. You may have lost time at work to care for your child, causing added financial strain.  You are also likely looking for someone who can provide some guidance during this confusing time.The Law Firm of Ricardo A. Garcia is here to help. We offer free legal advice. Call our McAllen NEC baby formula lawsuit lawyers today.You never need to worry about paying anything upfront to get the answers you need. You can call us any time to schedule a free legal consultation.This page will give you some of the basics involved in an NEC baby formula lawsuit. We’ll start by giving you an overview of this type of claim. Then, we’ll use a story to illustrate how such a case may come about and how important it is for you to pursue action.Click Here to Learn More

What is NEC?

NEC, or necrotizing enterocolitis, is a serious and sometimes fatal intestinal disease that presents most often in preterm infants. It occurs when regions in the small intestine and large intestine become inflamed or injured, causing the tissue in the intestines to die off and form holes in the intestinal wall. This then allows bacteria to leak out of the intestine into the abdomen, resulting in severe infection and potentially death.According to the Children’s Hospital, Los Angeles, the only common trait in infants who develop this condition is that they engaged in formula feeding and were born prematurely.NEC is often seen within a premature infant’s first two weeks of life. The baby formula is often administered at home by parents and caregivers, but in some cases, it is administered while the infant is still in the NICU by healthcare professionals.

Qualifying for this Claim

If you believe that your child’s intestinal injury and distress is related to NEC, you may be able to file a NEC baby formula lawsuit, if your child:

• was born prematurely;
• was fed formula or milk fortifier with a cow’s milk protein base; and
• was diagnosed with NEC, suffers from severe intestinal issues, or required surgery to address these issues.

Keep in mind that even if the injury to your child occurred years ago, you may still have a right to file a claim. The best way to find out is to consult with an experienced McAllen NEC baby formula lawsuit lawyers who can guide you through the legal process.

Baby Formula Recalls

An investigation conducted by the Food and Drug Administration found the bacteria Cronobacter in samples taken from a manufacturing facility run by baby formula manufacturer, Abbott. As a result of this investigation, Abbott initiated a voluntary recall for four of its products on February 18, 2022: Similac, Alimentum, and EleCare and EleCare Jr.According to the report released by the FDA, parents should watch their children for symptoms related to Cronobacter or Salmonella infection, including:

• poor feeding
• temperature changes
• irritability
• jaundice
• grunting breaths
• abnormal movements
• lethargy
• rash
• blood in the urine or stool

Any parent seeing these symptoms should report them to a healthcare provider immediately and seek immediate care for their child.In addition to these developments, consumer rights advocates are also pressuring the FDA to ban so-called nanomaterials in baby formula. A similar ban already exists in the European Union.These recalls are complex, and research into their implications is ongoing. Contact our McAllen NEC baby formula lawsuit lawyers with experience handling a NEC baby formula lawsuit today to assess your own situation and determine how to proceed with your claim.Below, we’ve shared a client story to give you more insight into a NEC baby formula lawsuit. While we’ve changed the names and details to protect our client’s privacy, all of the value in the story remains, providing you with some key insights into how these claims work. After you have read through this story, get in touch with our offices to schedule your own consultation.Click to Continue Reading

NEC Baby Formula Lawsuit Client Story

One spring day not too long ago, Cecilia Harper walked back and forth on her front porch, waiting for her husband, Ron, to show up. The baby was coming, and she was coming now. Fortunately, they lived only a few blocks from the hospital. Ron, however, worked on a site at the other side of town but would be there soon, thank goodness. They were entirely unprepared for this turn of events. After all, the baby was coming four weeks early— there was no way they could have expected this.Cecilia and Ron had been waiting with bated breath for their new arrival. It would be their first child, and both of them had long dreamed of starting a family together. Now it was real— all too real, Cecilia thought as she tried to breathe and count the seconds until Ron’s arrival.There had been no hint that the baby would come early. In fact, her pregnancy had been a breeze. She’d even been pleasantly surprised by how nice everyone was to her during her pregnancy, making it a great experience all around. The pains in her stomach told her, however, that things weren’t going to go quite according to plan. After consulting with her OBGYN on the phone, it was clear that this baby was determined to give them all a very early “hello.”Ron pulled up into the driveway, a hectic look on his face. Cecilia couldn’t help but smile— shouldn’t she be a nervous wreck? She felt strangely calm overall, however. She felt positive that things would turn out alright, and thinking any other way certainly wouldn’t serve her or the baby well.When they arrived at the hospital, she was taken directly to a private room and assessed. Dr. Singh, her OBGYN, was already there, a heartening and comforting smile on her face. “Let’s see what’s going on, shall we?”After Dr. Singh’s examination, it was evident that the baby would have to be delivered that day. Cecilia and Ron exchanged weak smiles, squeezing one another’s hands.Fortunately, the delivery went as well as it could have gone. Rose Mae Harper was delivered that afternoon to relieved parents and a satisfied Dr. Singh. She would need to stay in the NICU, however, for observation for at least a week. She was premature and she hadn’t had time to “cook,” as Ron rather clumsily put it.Cecilia spent the next several days at the hospital, spending as much time as she could with Rose Mae in the NICU. It was frustrating to see her little frail body in that big, weird tank. It was frustrating, too, that she couldn’t really hold little Rose. She could touch the baby through the side of the incubator, however, and she tried to talk and sing to her as much as possible.A few weeks later, Ron, Cecilia, and Rose Mae were headed home. “Well, at least those two weeks gave me time to get the nursery ready,” Ron said during the drive back to the house. Cecilia knew he meant well and it was how he coped, but even she couldn’t quite look on the Brightside of Rose Mae’s premature birth. Everything will be fine, she told herself, striving to renew her typical optimism.Rose Mae had been started on formula in the NICU and they would continue that at home. Rose Mae seemed to have a sweet, amenable nature, it was clear, and she took easily enough to the bottle. Cecilia had heard so many nightmares about babies being tongue-tied or having feeding difficulties that she considered them lucky to have sidestepped this issue.That first afternoon was a blissful one as they all settled into their exciting new normal. Ron had done a great job with the nursery, detailing the walls with stencils in blues and pinks. She was touched that he had gone through such trouble— it was clear she had married the right man, she thought, and not for the first time.That night, however, their momentary bliss was shattered. Rose Mae’s screams cut through the night, awakening Cecilia and Ron from barely twenty minutes of slumber. Cecilia’s “mom” alarm went off— it didn’t seem like a normal baby wail. But what do you know, she told herself. You haven’t been doing this more than a few weeks!Over the next few days, the situation only escalated. Rose Mae’s blissful demeanor was gone, and the poor baby was irritable every second of the day. While she had fed quite well for the first few weeks, she was now averse to feeding, refusing the bottle again and again. She was also moving in odd ways and less sprightly and engaged than usual. When Rose Mae developed a rash and blood appeared in her stool, Cecilia knew something had to be wrong. She contacted their pediatrician, Dr. Conrad, right away. He advised her to bring Rose Mae in right away.Dr. Conrad examined Rose Mae carefully, a serious expression on his usually calming face. Cecilia tried to catch his eye, but he was too dialed into what he was doing. Or he was just trying to avoid making eye contact? Cecilia couldn’t really tell, but for the first time, she started feeling nervous— really nervous.Dr. Conrad finally paused and looked up at both of them. “I’d like to do an X-ray of Rose Mae’s intestinal tract.”“An X-ray?!” Cecilia practically screeched. “What is going on??”Dr. Conrad returned to his usual calming demeanor. “We don’t know anything yet. Let’s not get ahead of ourselves with worry.”Cecilia and Ron waited anxiously for the next hour, as Dr. Conrad and his team did their work. When Dr. Conrad called them back into his office, Cecilia knew it couldn’t be good. For the first time, the man’s face was a mask of tension.“The X-ray showed us that Rose Mae has an abnormal gas pattern in the walls of her intestine. This confirms what I had suspected— your little girl has something known as NEC, or necrotizing enterocolitis.”Cecilia remembered little of the next few minutes, her mind a chaos of thoughts and anxieties. Necro-what?? How in the world had this happened?When Cecilia was able to focus on the conversation again, Dr. Conrad was explaining next steps. They would need an immediate consult with a pediatric surgeon. Rose Mae might need surgery, and she might need it right away.The next few weeks were pure hell for Cecilia. Ron, miraculously, kept it together. He was her rock, really. Rose Mae needed surgery to repair the holes that had developed in her intestinal walls. Fortunately, the surgery went well. After a period of observation, it was determined that Rose Mae would not have further complications, but they would have to watch for signs of malabsorption in the coming months.One morning, a few weeks after the surgery, Cecilia was surprised to see that Ron was preoccupied. He had been so solid during this period of chaos that it was disconcerting to see him in this state. She approached him gently and took his hand. “A penny for your thoughts?”“’No pennies’ is my thought,” Ron quipped. Cecilia smiled. At least he was back in form in this way.Ron continued, “I’ve been doing research, and a friend of mine at work had a similar situation with his son, though they didn’t need surgery. Apparently, baby formula may be the issue here. He recommended that we talk to a lawyer.”Cecilia took a deep breath. They were just starting to get back to normal. Would it be the best answer to start something up again with a lawyer? Ron convinced her that they and baby Rose were entitled to justice, especially if all of this was the result of a faulty product. Cecilia demurred, and they contacted our law firm that day.

How Much Will a Claim Cost?

We sat down with Cecilia and Ron the very next day. Ron was the first to speak and it was clear what was on his mind.“Look,” Ron stated, “We don’t have much, and these hospital bills aren’t getting any smaller. Exactly how much will it cost to hire you guys?”Attorney Garcia responded directly, “That’s a natural question, Ron, and I appreciate your directness. You don’t need to worry about an upfront payment in this situation. Our firm works on a contingency fee basis, meaning that we get paid only once we get you the damages you are owed.”Ron sighed in loud relief, then cracked a smile. “Okay, you may proceed.” Cecilia nudged him in the ribs gently, smiling for the first time since the meeting began.

Do We Have a Claim?

Cecilia spoke next. “But do we actually have a claim? This is all confusing, and I don’t want to make a stink where no trouble is needed.”Our attorney nodded understandingly. “Yes, this is also a relevant question. Rest assured, from what you’ve told us about your case and baby Rose Mae’s situation, you very likely do have a strong claim. Rose Mae was premature and you have a diagnosis of NEC for her. She was also fed cow’s milk-based formula in the NICU and then at home. Do you have records of having fed her the same formula at home?”Rose laughed ruefully. “Yes, unfortunately. We’ve been in such chaos that all the bottles and boxes are still piled around. My wallet is also stuffed to the brim with receipts.”“That’s good news,” Attorney Garcia replied. “All of this will go towards building your case. We will conduct an investigation as to the hospital’s actions, as well.”

How Much is Our Claim Worth?

Ron stepped in again. “So, we have a claim. How much is it worth? I don’t need to tell you that things are tight right now.”“It would be irresponsible of us to put a hard number on your claim this early,” our attorney replied. “We need to conduct our investigation, first off. There are many factors that go into calculating your claim, too. There are economic damages, such as your medical bills.“We also need to consider non-economic damages, such as Rose Mae’s quality of life going forward or any emotional stress you have been through as a family. Once we do our investigation, we can begin discussing numbers, and we will go to the insurance company with a number. Until then, you focus on Rose Mae and getting your family back to the happy state you deserve.”Cecilia and Ron retained our firm that day. We are happy to say that we were able to get them a significant sum in damages that put their little family in good stead for the years to come.

Call Our NEC Baby Formula Lawsuit Attorneys Today

To find out if your situation qualifies for a NEC baby formula lawsuit, contact our McAllen NEC baby formula lawsuit lawyers today. If your child has NEC and you believe it is related to baby formula, you deserve justice. Get the answers you need today and let the Law Firm of Ricardo A. Garcia help. Contact The Law Firm of Ricardo A. Garcia today for a free case review.