Having a baby is one of the most beautiful experiences for most parents. So, it can be heartbreaking watching your infant suffer from any ailment. Infant Necrotizing Enterocolitis (NEC) as a disease puts the lives of infants at great risk and can be a trying moment for most parents.
Infant Necrotizing Enterocolitis is a gastrointestinal emergency that affects premature infants the most. This medical condition causes the inflammation of the intestinal tissues leading to the death of such tissues. This inflammation leads to the intestine’s perforation, creating a channel for bacteria to access the bloodstream through the hole. The development of NEC disease is common within the first six weeks of birth.
Why File a Lawsuit for Infant Necrotizing Enterocolitis?
NEC is not a result of genetic malfunctioning but may result from human negligence. Therefore, parents whose infants suffer from this disease can initiate a lawsuit. Against whom, you may be wondering?
Infant Necrotizing Enterocolitis has been traced to the consumption of some baby formulas. Parents can therefore file a lawsuit against the manufacturers of such baby formula companies for compensation. According to the Children’s Hospital Los Angeles statistics, 10 percent of infants born prematurely are likely to develop NEC within the first six weeks of birth.
Infant Necrotizing Baby Formula Lawsuits
Research has shown that cow milk contained in some baby formulas contributes to the development of NEC in premature infants. However, baby manufacturing companies do not warn parents and doctors alike on the risks associated with consuming these baby formulas.
Unfortunately, many health practitioners are not aware that most popular baby formula brands contain cow milk which increases the risk of a premature infant suffering from NEC. Many families of premature infants who have suffered severe complications from NEC have recently initiated lawsuits against manufacturers of cow-based baby formulas.
Injuries that Qualify for NEC Lawsuit
NEC-related injuries that can qualify one for compensation include:
● Death of babies due to complications from NEC
● All surgical procedures carried out on the infant to extract dead abdominal tissues
● Brain damage resulting from NEC related complications
● All forms of intestinal or abdominal diseases which may affect the infant in the long run
● All neurological conditions – birth asphyxia, intracranial hemorrhage, neonatal seizures, arthrogryposis, and the likes
Claimants may be required to meet other conditions before filing a lawsuit to improve their chances of success in their litigation. Some of the requirements include:
● The infant suffering from NEC and related complications must have been given birth prematurely
● The infant in question one whose behalf the filing of the lawsuit has been diagnosed with NEC
● The premature infant must have been fed cow-milk based baby formula
Cow milk is used in the production of 80 percent of baby formulas. It is noteworthy that cow milk only increases the tendencies for NEC development in preemies. While the manufacturing company is not entirely at fault, they should also be held liable for marketing such products to parents of preterm infants knowing the risk associated with them.
Settlement Amount for NEC Lawsuits
By looking at previous lawsuits in different states, one can estimate the possible amount of compensation that a claimant can be awarded if the claim goes in their favor. In 2018, in Illinois, the hospital staff was sued by the parents of a premature infant whose death occurred as a result of complications from NEC. The physician in charge of the infant’s case halted her feeding after diagnosing her condition to be NEC-related.
However, the intervention came a little too late as the physician could have prevented fatality with an early diagnosis. The infant died a few days after a surgical procedure was carried out on her. The parents were paid $2,970,000 as compensation.
A Massachusetts parent filed a NEC malpractice lawsuit against a hospital for failing to accurately diagnose their infant’s condition on time, leading to death. The parents were awarded $7,050,000 as damages. From the cases surveyed, the average settlement amount for a NEC lawsuit is above $3,000,000, which can be higher in some cases.
The reason for the high settlement amount is not far-fetched; the treatment of any NEC-related issue runs into thousands of dollars. Therefore, any claim awarded should cover the medical expenses and any other cost incurred by the parents.
Seeing your infant suffer or die from NEC-related complications can be heartrending, especially when prevented. However, hiring the services of an experienced NEC malpractice attorney can help you find recourse by getting compensation due to you.