NEC In Premature Babies- How To Claim Compensation

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Seeing your child suffer is the worst nightmare for any parent. It gets even more daunting if your newborn faces a life-threatening illness. Necrotizing Enterocolitis (NEC) is a high-risk health condition affecting premature babies. While the exact cause of the disease is not known, research studies indicate that some formulas may trigger this deadly condition in infants. It affects preemies and ill newborns within the first two weeks of their birth. The implications range from infections to blood poisoning and even death. Since formula feeding is the culprit, parents can claim compensation from manufacturers. Before filing a claim, you must have a clear view of the legal implications of filing a lawsuit against a manufacturer. Let us explain how to claim compensation for NEC in your premature baby.

Know the symptoms of NEC

NEC is the result of the delicate intestine lining of premature babies. If untreated, the disease destroys the intestine tissue and causes intestinal perforations. Bacteria can seep through the perforations to reach the abdomen and bloodstream. It can cause fatal infections, narrowing of the intestines, short bowel syndrome, and delays in development. It is crucial to recognize the early signs of NEC and seek treatment before the condition worsens. Here are the symptoms you must look out for-

  • Abdominal pain and swelling
  • Lethargy
  • Loss of appetite
  • No weight gain
  • Green or yellow vomit
  • Bloody diarrhea
  • Changes in temperature, blood pressure, heart rate, and breathing

Premature babies are inherently weak, so they cannot digest cow-based milk formulas. Moreover, the product may lack sterility, which is another leading cause of NEC.

Understand if you have a case

The risk of NEC runs high in premature babies, and almost 10% of them encounter the condition. The worst part is that baby formula companies fail to provide warning labels on their products. It is their responsibility to warn parents about the potential risk of cow-milk-based formula. If your baby develops NEC after consuming the product, you can file a baby formula lawsuit against the manufacturer. After all, you deserve compensation for the pain and suffering or death of your infant caused by the negligence of the manufacturer. The best way to do it is to hire a specialist lawyer with the relevant expertise because they know the nitty-gritty of such cases. The lawyer proves that the company intentionally hid facts to boost their profits and sell their products. It is an instance of gross negligence as babies lose a life and parents suffer from anguish.

Calculate the value of compensation

Like any other personal injury claim, the compensation value for NEC claims depends on certain factors. A seasoned lawyer is the best person to help you estimate a fair value in your case. If your baby suffers from NEC due to formula feeding in the neonatal intensive care unit, here are the damages you can claim-

  • Medical expenses for your baby
  • Pain and suffering caused by your baby’s illness
  • Lost wages due to hospital stay
  • Financial losses and damage
  • Punitive damages

The objective of the compensation claim is to provide you with coverage of everything you spend on the child’s treatment. Further, the manufacturer must pay for the pain and trauma you face as a parent. The good thing is that even people whose babies recovered from NEC have legal options for compensation claims. You only need an expert lawyer to help you get the amount you deserve.

Know the deadline

You can file a lawsuit against a baby formula company for endangering the life of your baby. But it is crucial to do it on time. A delay in the lawsuit means it may become void. The deadline for product liability claims varies from state to state. So you must be aware of the statute of limitations for your state and file within the time limit. It is the only way to recover compensation for your losses and damages. Your lawyer can guide you about the deadlines and ensure you file before your claim becomes null.

Baby formula lawsuits are often complicated because you bring a fight against a manufacturing company. It gets even more daunting when looking after a sick baby or coping with the loss of your little one. But you must not give up on hope and seek justice for your baby and family. A seasoned attorney can help you navigate the journey. They ensure you get the compensation you deserve for the pain and suffering or loss of your baby.

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