Taking care of a child and ensuring that they stay safe is difficult enough without having to worry about tainted or toxic baby formula. Unfortunately, baby formula producers and retailers are not always as careful as they should be, and children are harmed because of it.
If your child has been injured as a result of toxic baby formula, you and your family maybe entitled to compensation for the present and future costs associated with your child’s injury. Calculating the costs associated with your child’s injury then recovering those costs can be a complex process, and an attorney will help you through every step of the way.
In this article, we’ll explore common toxic baby formula injuries, and how your local personal injury attorney from [LAW FIRM] (hyperlink to their relevant practice page) can help you recover the full amount you and your child deserve for their toxic baby formula injury.
Who is Eligible to File a Toxic Baby Formula Lawsuit?
When a company produces a food product and sells it to a consumer, they are responsible for ensuring that the consumer receives a product that is safe to consume as intended. If the product is dangerous to some potential consumers, the manufacturer has a duty to warn the consumer of the potential harm.
If a manufacturer sells a tainted product or fails to warn a consumer of potential harm and the consumer is injured, they are responsible for the damages and associated costs that the injured consumer experiences.
You are eligible to file a toxic baby formula lawsuit when:
- Baby formula manufacturers have sold contaminated products to you and your baby was injured
- The baby formula you purchased did not effectively you about risks or dangers associated with consuming the product, and your child was injured as a result
The Food and Drug Administration, or FDA, is a government organization responsible for the safety of food and drugs. In February of 2022 the FDA issued a warning to baby formula consumers not to use certain powdered infant formula produced by Abbott Nutrition due to contamination at a single facility in Sturgis, Michigan. In this incident alone, a number of children experienced illnesses that required hospitalization, and at least two infants died due to the contaminated baby formula.
Each year there are a number of FDA warnings, and manufacturer recalls, of contaminated baby formula products. Manufacturers have a duty to test their products to ensure that infants do not become ill or even die after using them. When manufacturers fail to provide you with a safe product and your infant is injured, you are entitled to compensation.
What Brands of Baby Formula Are Potentially Toxic?
The baby formulas produced by Similac and Enfamil have been found to potentially lead to serious gastrointestinal problems in premature infants, problems that can lead to death. These lawsuits claim that the manufacturers of Similac and Enfamil, Mead Johnson, and Abbott Laboratories, did not adequately warn consumers that these cow’s milk-based formulas could cause such problems. The manufacturers failed to warn both parents and medical providers of the potential risks of these products for premature infants, making them liable for the associated damages.
The risks associated with feeding premature infants baby formula products like Similac and Enfamil include NEC or necrotizing enterocolitis. NEC is up to 10 times more likely to be experienced by premature babies who are given such formula.
If you are the parent of a premature infant who has experienced health issues after using Similac or Enfamil, you could have the right to file a lawsuit to recover damages. Our highly experienced personal injury attorneys at Tiano O’Dell, PLLC have represented the interests of a number of clients in toxic baby formula lawsuits, and we are here to provide a free consultation on your case now.
Baby Formula Injuries and Side Effects
If your premature infant was diagnosed with necrotizing enterocolitis after they were fed Similac or Enfamil, or another baby formula that was toxic, you are eligible to file a toxic baby formula lawsuit to pursue whatever compensation you might be entitled to.
It is possible that your baby developed NEC after having been fed Similac or Enfamil while they were in the hospital. You might not know what brand of formula the hospital fed your baby, and this is something that your local personal injury attorney can find out for you. When we provide you with a risk-free consultation on your case, make sure to have the name of the hospital and its location so we can look into it for you.
Following your baby’s time in the hospital, you may have fed your baby a product by Similac or Enfamil. Know that it is not your fault that your child was injured here, as the manufacturers had failed to warn parents and doctors alike of the dangers. You are encouraged to keep any receipts, packaging, or proof of purchase of the Enfamil or Similac products to use as evidence in your lawsuit.
What Damages Can I Collect?
A common question that clients ask is how much their toxic baby formula lawsuit is worth, and the answer is: it depends. Your medical costs in both the short- and long-term should be covered, including emergency care and any future treatment, medication, or rehabilitation that might be necessary. Damages for pain and suffering may be available as well, and if tragedy occurred and you lost a child to toxic baby formula, you are entitled to bring a wrongful death action.
If we take your case, we handle your case or claim every step of the way, and advise you on what the best options are to recover the full amount you are entitled to after we apply the law and case precedent to the unique facts of your infant’s toxic baby formula injury.
Connect with an Attorney to Help on Your Toxic Baby Formula Case Now
If your child has been injured as a result of toxic or tainted baby formula, you could be entitled to compensation for your damages. The sooner you have an attorney on the case, the sooner you can rest assured you’ll recover the full amount you are entitled to.
For a risk-free, cost-free assessment of your case, reach out to Tiano O’Dell, PLLC by calling (304) 720-6700 or contact us online to schedule a free consultation today!