How Much Is A NEC Baby Formula Lawsuit Worth?

It’s no secret that across the U.S. there have been countless Similac lawsuits filed. Each filing allegations against this extremely popular company which provides cow-based milk for babies, having caused premature babies who can end up developing NEC. 

NEC, or “Necrotizing enterocolitis” is an extremely serious infection of the GI tract which can result in potentially long-lasting problems or even be as serious enough to cause death. 

There are many lawyers across the country who are picking up these lawsuits against the manufacturer of the formula. Due to the company failing to inform the population of the dangers of NEC development in premature babies due to the use of the formula, this is a lengthy issue. 

Many people who file an NEC lawsuit are able to get good compensation, but just how much? 

Let’s look over the details! 

Who Is Responsible For The NEC Baby Formula Lawsuits?

The manufacturer is in acknowledgment of how much evidence links Similac to many cases of NEC development in premature babies, thus, lawsuits revolve around negligence in the form of the lack of an adequate warning. 

This company is, therefore, legally obligated to warn parents about any risks that may be present in the use of the product. It would even look as though the manufacturer- Abbott, deliberately chose not to provide any warnings on the product! 

Therefore, Abbott, the manufacturer of Similac, is held fully accountable for NEC in premature babies upon the product’s use.

Many lawsuits arise around this, and it is anticipated that many more will continue, so if your baby has developed NEC as a result of Similac, a lawsuit is a right way to go. 

However, it is very probable that all filings of a lawsuit against Similac’s manufacturers will likely be grouped into a ‘new class-action MDL’, i.e. multiple district litigation.

What Is The Average Settlement For NEC Lawsuits?

So, what can you expect? Well, the truth is that we cannot give you an exact number, but we can provide averages. 

To this date, there has been an average settlement of a baby formula NEC lawsuit at an average of about  $3,500,000 or so. 

This doesn’t define that you can expect that amount, but it can go so high. It depends on the many matters and factors that are regarded in the defining of the damages of an NEC lawsuit. 

However, the jury is also a very big party in the verdict, although the rest will depend on the damages your child has suffered as a result of the negligence of the company relating to the products. 

The amount of care given will be a determining factor of the severity of the individual situation as well. In some more recent cases, babies have died or suffered long-term harm and damage due to NEC. 

Many times attorneys have known of the infants passing away only mere months after the development of NEC. 

Should the baby survive or not, the amount of time in which the baby does survive and endure pain after getting NEC will also likely contribute to how much the settlement equates to. 

What About A Severe NEC Case?

Of course, there have been severe cases, and if you fall into this category you will need to know what to expect from this as well. As you might expect, the more severe a case is, the larger the payments will be for the baby and the family members who are affected. 

This is, clearly, because of the extensive amount of medical treatments that the child will require, and there is a higher danger of potential long-term problems which will cause suffering. 

Any lawsuit relative to damage from a product’s liability will include; 

• The overall costs of medical bills in the future and the past. 
• Compensation provided regarding physical limitations in the future.
• Compensation is provided for all past and future pain and suffering.
• Compensation for forthcoming out-of-pocket expenses.
• The loss of consortium of the relatives of the child when the child develops a long-term medical issue. 

It is also not unheard of that the family will be paid compensation for emotional trauma. As well as any time the family takes time off of work to care for the baby while they are sick (aka. loss of income). 

Should the baby not survive, there will be other distinctions in a case of wrongful death. This could include what the baby would have earned during their lifetime as well as loss of closeness, trauma, and grieving costs.