NEC Baby Formula Lawsuit Criteria
Due to the specifics of NEC, it is important to look at each case on an individualized basis to determine claim or lawsuit eligibility. Not all incidents of a child being diagnosed with NEC and having had consumed a cow milk-based baby formula will justify a lawsuit. There are a few prerequisites that will be fulfilled by a claimant with a stronger chance of success.
In general, NEC baby formula case criteria include:
-
Baby was born premature or earlier than 37 weeks.
-
Baby was fed infant formula or fortifier, such as Enfamil or Similac brand formula.
-
Baby was then diagnosed with:
-
Necrotizing enterocolitis (NEC).
-
Unspecific infection or gastrointestinal/stomach issue coinciding with a distended or swollen stomach, greenish-yellow liquid vomiting, or diagnosed holes in the baby’s intestine or bowel*.
-
Baby suffered one or more of the following severe consequences:
-
Death.
-
Stomach, intestines, gut, or bowel surgery.
-
Gastrointestinal issues or other bowel conditions caused by NEC like Short Bowel Syndrome.
-
Prolonged hospitalization to treat NEC.
(* You might not recall if your child was diagnosed specifically with NEC. Or your pediatrician might not have reached that diagnosis. However, if you were told that your child had a stomach or intestinal infection and you noticed serious symptoms similar to NEC, then your case is likely still valid and should be investigated.)
