How much Is the NEC Lawsuit Worth? - Being aware that your child is suffering from a devastating diagnosis such as NEC (Necrotizing Enterocolitis) can be devastating for your whole family. For many families, such as those with premature babies who received the cow's milk-based formula or fortifier in the NICU, The diagnosis has changed their lives.
About 25 percent of babies who are diagnosed with NEC will pass away. Some will be afflicted with life-threatening issues.
The filing of an NEC lawsuit could help your family receive a substantial amount of compensation for any losses that you could have experienced. What compensation amount can you expect from the filing of an NEC lawsuit? The diagnosis that can alter your life, like NEC, doesn’t just cause injury and issues for children but also for the mother. So determining the worth of your case requires a knowledgeable NEC legal professional who will guide you through the legal procedures.
NEC Lawsuits acknowledge both Parents and the Infant’s Injury
If a baby is born prematurely and has an NEC diagnosis, it can destroy both parents and the child. Parents of children in the NICU might experience extreme emotional stress, be unable to connect with their child, or confront various challenges when assisting the child. However, after the NEC diagnosis, children may experience significant suffering and lower quality of life.
NEC lawsuits recognize the pain endured by parents and the injuries suffered by the child.
The amount you could be entitled to in Necrotizing Enterocolitis Diagnosis
An infant diagnosed with NEC could result in significant financial loss and stress. An attorney for personal injuries cannot guarantee the compensation you’ll be able to recover for injuries suffered by your child or your family. However, they can help determine the elements that could affect your claim and the amount of compensation you could receive. They can help you understand the financial loss you have suffered and assist you in determining the amount of compensation you could eventually seek.
Payment for Medical Bills directly related to the NEC
Treatment for NEC can cost between $138,000 to $238,000, based on the severity of the damage and the duration of the infant’s NICU stay. Medical costs may continue to rise the longer the infant remains in the NICU: Some parents may pay as much as $3,500 or more for each day the child stays at the NICU.
Additionally, the fact that many children could require important procedures and treatments to treat the NEC diagnosis. Children diagnosed with NEC might require additional oxygen and antibiotics to treat the infection. Because the child is in isolation to avoid spreading of the disease or to reduce the chance of passing on more bacteria, caregivers could require a continuous supply of protective equipment and clothing. Infants might also require frequent examinations and X-rays to detect the progression of the disease.
Infants suffering from a severe form of NEC may require surgery to eliminate the affected area of the bowel or intestine. In certain instances, doctors may have to remove as many tissues that an infant may require an ostomy – an opening inside the abdomen that helps the child get nutrients or remove waste. The procedure can add to the medical expenses for the family. In many instances, babies that require an ostomy, particularly those that require ongoing medical assistance, will require continuous medical treatment and care.
Parents might also have to take extra care when taking care of the child suffering from NEC when the child is back home. The child may not be able to attend daycare or regular preschool. In some instances, the child might require continuous care at home, such as frequent visits from an aide to manage the ostomy, especially until the parents are comfortable with the device.
In the context of the NEC suit, the parents can seek compensation for the expense associated with medical care for NEC. Parents might need to consult with a lawyer to determine the cost directly related to NEC as compared to the expense of other medical conditions that infants with premature births face, who might have had an admission to the NICU before NEC development.
Compensation for Earnings that are Diminished Capacity of Parents
If parents discover their children are struggling with health issues, They may have to leave work to be with their child. In certain instances; parents could be fired because they must spend time with a child recovering from the NEC diagnosis.
Additionally, parents who are facing life-altering consequences for their children due to NEC might not be able to work since one parent has to stay at home with the child. In this case, parents could be entitled to seek compensation for loss of earning capacity or future loss of earnings. Discuss with a lawyer how having a child diagnosed with NEC has affected your earnings and whether you are likely to stay in a job for a short time or a longer period depending on the child’s needs and the ongoing health condition.
Compensation for Suffering and Pain
As with many lawsuits, NEC (Necrotizing Enterocolitis) lawsuits usually include compensation for suffering and pain endured by both the infant and the child. Children who suffer from NEC might endure a lengthy time in NICU which can be a lonely place for their parents.
They might experience extreme physical pain both right following the diagnosis as well as when they undergo treatment. In certain instances, NEC can also cause ongoing pain and suffering for infants that can continue for years following the initial incident. For instance, the child might experience a decrease in enjoyment of their lives due to the inability of eating in a mouth.
Furthermore, the NEC diagnosis can result in a great deal of emotional and physical suffering for the parents of the child. A child who is in the NICU could increase the chance of anxiety and depression, which can lead to increased postpartum depression. Parents could also be suffering from massive emotional stress when the child is forced to go through hazardous procedures after receiving the NEC diagnosis.
Please discuss with your lawyer your experience with the NEC diagnosis affecting your family and what changes it caused in you.
Wrongful death compensation
If your child died from NEC due to feeding formula in the NICU, You might be entitled to compensation for your child’s death.
In addition to the claim for medical expenses and pain and suffering, you may also be able to claim compensation for the following:
- Funeral expenses
- Burial costs
- The loss of your infant’s presence in your life
Discuss with an attorney for wrongful death regarding the compensation you could be entitled to if you lose your baby to NEC due to feeding formula within the NICU. An attorney can help you to understand better your next steps and the compensation you should expect.
Who is responsible for NEC Diagnostics after Formula Feeding in the NICU?
Lawsuits brought against Similac and Enfamil claim that formula manufacturers did not provide adequate information on the risks associated with formula feeding. While there was a clear message in the Surgeon General’s Call to Action to Promote Breastfeeding, 2011 clarified the risks that could be associated with formula feeding, such as the increased chance of developing NEC The formula companies continue to emphasize their importance for formula feeding to numerous parents.
Additionally, neither Enfamil or Similac continues to offer dairy-based formulas and fortifiers made from cow’s milk specifically designed for premature babies. These fortifiers and formulas could put infants at the chance of developing NEC NEC, which could require surgery or lead to the infant’s death.
Unsafe Marketing Methods
Similac and Enfamil have campaigns to emphasize the importance and reliability of formula feeding. Even the containers of formula may encourage parents to use formula over Breastfeeding. For instance, Enfamil’s NeuroPro EnfaCare markets itself as “clinically confirmed for continuous growth in catch-up.” The two formulas EnfaCare and Similac’s Neosure, mention that they contain DHA, designed to provide nourishment and help build the brain.
Formula manufacturers can also try convincing parents to believe that their formulas contain ingredients specifically designed for the different phases of birth as well as premature infants, which, according to guidelines, might require additional caloric stimulation to boost the development of their brains and bodies.
Studies show that a human-milk diet provides the highest chance for healthy growth and development, which includes an incredibly lower likelihood of developing NEC within the NICU. The American Academy of Pediatrics encourages parents and medical professionals to find sources of donor milk in cases where the mother’s milk is not available to the infant due to reasons of any kind. However, the formula makers persist with their harmful marketing methods offering formula for sale and promoting its value until doctors do not fully comprehend the dangers of formula feeding premature babies.
No Labeling
Infant formulas must adhere to strict labels, including specific dangers the product can pose to infants. Infant formula manufacturers typically contain warnings on their ready-to-drink formulas and advise parents not to microwave milk to avoid the risk of burning. However, these bottles do not include a warning regarding the chance of developing NEC and even on bottles specifically targeted for premature babies. Therefore the formula companies could be held responsible for the harm these children suffer. A consultation with a seasoned attorney for product liability will help you understand all legal remedies.
What happens if I receive an Offer to Settlement from the Manufacturer of Formulas?
Formula manufacturers have had to deal with numerous lawsuits related to NEC due to the massive losses suffered by families whose children were admitted to the NICU. This is why they could try to avoid lawsuits with an initial settlement that appears to cover the harm your infant might suffer.
A settlement offered by the formula manufacturer might not be the amount your family is entitled to following the NEC diagnosis. Consult with an attorney about the particular financial issues your family was facing and how the NEC diagnosis affected the entire family members to gain more information about what amount of compensation you need to expect and the best way to safeguard your family members.
How can I maximize the compensation I receive through an NEC Lawsuit?
An NEC lawsuit will not erase the hardship your family suffered or the trauma that comes with the NICU. But it could assist in reimbursing your family for certain financial losses you’ve suffered and assist you in handling the costs typically related to caring for a high-needs or premature baby. Making the most of that settlement could aid you in restarting your life and taking care of your child’s needs.
Speak to an attorney.
An experienced personal injury lawyer can assist parents whose children had an NEC diagnosis in seeking maximum reimbursement for the hardships suffered by their family. A knowledgeable team of lawyers will assist you throughout the process of negotiating claims, from helping to understand the financial loss you have faced to guiding you through the claim process. They will also be able to assist in representing you before the insurance company, which will allow you to maximize any compensation you could ultimately receive.
Make sure you calculate and record the NEC-related costs.
To file a claim for the damage your child or your family suffered because of the NEC diagnosis, you might have to examine your family’s financial loss and determine what steps you have to take in the future.
Discuss with your lawyer the potential issues arising from an NEC diagnosis, the length of time your child was in the NICU, and any procedure your child has had to go through. An attorney can assist in determining all costs that are associated with NEC to add them to your lawsuit.
Do not speak to the representatives from the insurance company or the company’s representatives of the company directly If you can do so.
Sometimes, they might decide to use this data against you, for instance, declaring that your NEC diagnosis hasn’t caused as many problems for your family as you originally stated.
Have you had a child who suffered an utterly devastating NEC diagnosis because of Similac and Enfamil use within the NICU? An attorney for personal injuries could be of assistance. Contact an attorney specializing in personal injury today to schedule a consultation to understand your rights and the process for making an NEC lawsuit.
