Two major baby formula manufacturers are being sued by parents whose premature infants became very ill or died from flawed baby formula produced by major manufacturers Similac and Enfamil. The lawsuit alleges that these manufacturers knew that the ingredients in the formulas might make premature babies very sick but failed to disclose this information to parents.
Under Tennessee’s product liability laws, failure to post an adequate warning label and failure to notify the parents about possible complications for premature babies violates statute §63.8 Duty to Warn – Time of Sale. The manufacturers are being held liable for the injuries sustained by the babies and pursued in cases of wrongful death.
The Higgins Firm is representing families affected by these defective products.
Cow Milk-Based Formulas are Especially Dangerous for Premature Babies
Premature babies are at a higher risk of developing digestive concerns and injuries due to the ingredients contained in major formula brands such as Enfamil and Similac. Many premature babies developed necrotizing enterocolitis (NEC) after being fed these cow milk-based formulas.
Scientific research has demonstrated that cow milk in baby formula can lead to NEC, permanently damaging the GI tract or even being fatal. The proteins in the cow’s milk can cause the intestines of premature babies to become inflamed and produce too much gut bacteria. The US Food and Drug Administration recommends that premature babies should not be fed cow’s milk formula for this reason. However, this warning was not placed on the containers of formula.
Did Formula Manufacturers Know About Possible Side Effects?
When a company knows about possible dangers with a product and does not address them before releasing the product to consumers, it may be liable under defective product laws. Food manufacturers have a duty to disclose any potential health effects that users could experience. They could be held responsible for damages incurred through use when they fail to do so. Mead Johnson, the Enfamil manufacturer, did not place any warning label on the Enfamil cans, stating that it thought the warning would be too confusing for families.
The Higgins Firm alleges that the manufacturers did, indeed, know about the harmful effects of cow milk-based baby formula on premature infants but failed to make these effects known to parents. He and his legal team are representing families affected by the product.
What Should I Do if I Suspect My Baby Has NEC?
Your pediatrician may determine you’re entitled to damages for your baby’s medical bills and treatment. Plus, these manufacturers need to be held accountable for their actions. Our team will ensure your product liability lawsuit is pursued to the most successful conclusion.
The Higgins Firm Works for You!
Contact us today if you’ve been affected by defective baby formula. The James Higgins Firm represents YOU and fights for your rights. Call (615) 353-0930 or visit us online to schedule a consultation about your case.
It is important that you contact us as soon as possible. The time lines are extremely tight on these cases and it is very important to gather evidence early. We are here to help.