This was definitely not in the textbook, nor was it covered in the prenatal classes you attended faithfully in preparation for your firstborn. All the excitement is quickly replaced by worry when your baby turns out to be premature, underweight, and battling to feed. In some cases, premature babies fed on a baby formula based on cow’s milk develop a severe complication called NEC (Necrotizing Enterocolitis) – it sounds terrible because it is terrible.
NEC is caused by inflammation and then rupturing of the intestine walls, causing waste to be spilled into the abdomen, requiring emergency surgery, severe complications, and sometimes even death.
If you are unfortunate enough to have experienced a tragedy relating to NEC or know somebody who has, read further to see whether you may have a legal claim against complicit parties.
No money can bring your baby back or even compensate you sufficiently for the stress and anguish you go through as a parent, but compensation should be paid and it will assist you in paying the bills.
When do you qualify to claim?
You may file a claim if your baby was born premature and was fed a formula such as Enfamil, Similac, or any other formula based on cow’s milk and got sick. If your baby met these criteria and you were not warned of the risk of NEC for your baby, and your newborn developed NEC and either suffered complications or even died, then you should file a claim. In such an event, you need to see an experienced NEC lawyer to assess your claim and to assist you through the process.
How much time do I have to file a claim?
Although different states have different periods within which you need to file a claim, you will likely have up to four years to file a lawsuit from the date of the injury. However, some states limit this period to 2 years if you are also claiming for wrongful death.
Check with your lawyer for your respective time period, and make sure you file your claim as early as possible.
What will the pursuit of such a claim cost you?
The right law firm will be able to assess your case for free, and if they believe you have a claim, they will represent you for a contingency fee which is only levied once they have won compensation for you.
This means you can launch a claim with no risk in the case that your claim is unsuccessful.
What can be included in the claim?
If successful, your award would cover all hospital bills, all procedures used in NEC complications. Importantly, you may also receive an award for counseling for you and your family and for continued therapy that may last a lifetime. In addition, any medical equipment and services required for your child on an ongoing basis will also be covered.
The amounts could be significant and will go some way to compensating you for a tragedy that was not your fault.
Conclusion
If you can claim, do so. It’s a good idea to claim as soon as you can to avoid missing your deadline. You have a right to be informed of all potential risks relating to any product sold to you. If this has not been done and you suffer damages, a claim is in order.
