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Plymale Law Firm

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Baby Formula Liability Litigation

If your child received cow’s milk based baby formula in the maternity ward or NICU, or you received bovine formula as a present from the hospital and your child was later diagnosed with necrotizing enterocolitis (NEC), you may be eligible to file a lawsuit for your baby’s injuries.

Hundreds of NEC lawsuits have been consolidated into the “Preterm Nutrition Products Liability Litigation” – MDL 3026 in the United States District Court for the Northern District of Illinois, where Judge Rebecca Pallmeyer is presiding.  The NEC MDL is moving toward selecting bellwether trials..  Bellwether trials are example trials that will help anticipate the results of future similar cases.

NEC is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy.  NEC causes a baby’s intestinal tissue to inflame which leads to the tissue dying. This can cause perforations in the infant’s intestines, allowing bacteria to leak into the belly or bloodstream.

Symptoms of NEC include:

  • Abdominal swelling and pain
  • Bloody stool
  • Diarrhea
  • Lack of weight gain
  • Lethargy
  • Refusing to eat
  • Yellow or green vomit

NEC puts an infant at risk for multiple health problems:

  • Developmental delays
  • Growth failure
  • Narrowing of the intestines
  • Sepsis
  • Surgery
  • Death

Studies have shown the risk of feeding cow’s milk- based formula to premature infants.  In 1990 a study on 926 preterm infants was published in the Lancet medical journal and showed that preterm babies who were formula fed had a risk of developing NEC at six to ten times greater than those who were breast fed.

In 2012, the American Academy of Pediatrics published its findings stating that a mother’s milk is “optimal” for premature infants and in cases where this is not an option, donor milk would be “advantageous.” NEC cases are being filed against both Abbott and Mead Johnson.

Contact the experienced baby formula attorneys at the Plymale Law Firm for a free consultation.

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Plymale Law Firm has its principal office at 201 St. Charles Ave., Suite 2500, New Orleans, LA 70130. Douglas R. Plymale is the attorney responsible for this site. Dr. Plymale may be reached at (504) 355-0092

Plymale Law Firm

201 St. Charles Ave
Suite 2500
New Orleans, Louisiana 70170
Phone: (504) 355-0092
Fax: (504) 662-3801

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