What is the Similac Lawsuit? Are you Qualified to File a Claim?
Mothers who are unable to breastfeed their child due to certain complications or busy life often rely on baby formulas like Enfamil and Similac. However, this trust seems to be breaking since many parents have started filing lawsuits against these baby formulas. If you have been using these baby formulas, this post is a must-read for you. In this post you shall know more about this lawsuit and if you are eligible to file a claim or not.
What is the Similac Lawsuit?
Parents in huge numbers have been filing lawsuits against Mead Johnson and company (Enfamil) and Abbott Laboratories (Similac) since early 2022. They claim their baby (premature or weighing less) was affected by a serious intestinal disease like Necrotizing Enterocolitis (NEC) after consuming their respective baby formulas.
Side effects like vomiting and diarrhea were common after consuming any baby formula. Normal babies usually manage mild inflammation like this. However, premature babies who have poor immune systems find it difficult to deal with it. The Similac baby formula is especially causing trouble for babies with lower birth weight and immunity. The bovine formula (cow milk formula) is not compatible with some premature babies.
NEC is a very serious condition and the results can be fatal too. Under serious conditions, the lining or the entire thickness of the intestine gets perforated allowing bacteria from the intestine to enter the abdomen.
Symptoms of Necrotizing Enterocolitis (NEC)-
- Swollen stomach
- Reddish or bluish stomach
- Indigestion
- Pain in the abdomen
- Change in the frequency of stools
- Blood in stools
- Diarrhea
- Lack of energy
- Vomiting
- Fluctuating body temperature
Many premature infants were diagnosed with this deadly disease called NEC. The Similac formula lawsuit has been filed because of the same reason. A link between the increasing number of infants with NEC and Similac milk formula was established. Along with Similac Enfamil, baby formula is also being sued.
These baby formulas aren’t bad and harmful for kids. It is just that this formula is not compatible with premature or babies with low birth weight. It was the brand’s responsibility to make people aware of this side effect which they didn’t. Even after the first few Similac lawsuits, Abbott laboratories did not recall the product from the shelves. As a result, the number of cases increased and many parents started filing a lawsuit for their losses. The lawsuit is filed to make the brand take responsibility for the product that they were selling.
This type of case falls under product liability. When a product is marketed to have certain benefits, it should be true, brands cannot make any false commitments. Moreover, if there are any side effects of the product, people should be warned about them on the product packaging. Proper marketing of health products is even more difficult due to their complex nature and chances of rare outcomes.
Who is eligible to file a Similac lawsuit?
If you have been feeding your baby with these baby formulas and are observing symptoms of ill health like poor feeding, bloating, decreased activity, and vomiting please get your baby checked by a pediatrician. Make sure they are safe. If it turns out that your baby has NEC, get it treated as soon as possible. File a Similac lawsuit to claim compensation from the brand at fault.
For you to be eligible to file a lawsuit against Abbott Laboratories following conditions must be met-
Cow’s milk formula
You should be able to prove that the formula you used was an NEC-causing formula.
Diagnosed with NEC
You will also need to show evidence that your child suffered from NEC and that was a result of the baby formula.
You have a premature baby
The formula is suspected to be harmful to premature babies or babies with lower birth weight.
Filing a case on your own will make it very difficult for you to actually benefit from it. We advise you seek help from a professional law firm.
Bottom line
Similac is a very famous baby formula. Many babies were diagnosed with NEC after consuming Similac baby food. Parent’s started filing a lawsuit against the company to get compensation for their loss and to recall all of their baby formulas. If your kid has faced a similar problem after consumption of Similac, you can take the help of a professional lawyer and file a proper lawsuit. You will be required to prove that your baby consumed NEC-causing formula, that he/she was a premature baby, and that his/her disease was caused by the baby formula only.
Featured photo by Magone at Pixabay