Many parents may wonder what the path forward looks like if they choose to file a NEC infant formula claim. There are a variety of different claim types that may be relevant to your case, depending on where you live. While not all legal claims will apply to your potential lawsuit, others may be particularly relevant to your case. Since laws vary from state to state, we’ll describe each legal claim type below using very broad, general terms.
4 Legal Claims That May Potentially Apply to NEC Infant Formula Cases
1. Product Liability
Product liability law involves a set of legal rules that determine who’s responsible for injuries resulting directly from defective products. Typically, product liability claims involve injured consumers seeking damages from the product’s manufacturer and/or distributors. Since no federal product liability laws exist, the basis of each suit can vary, depending on the plaintiff’s legal jurisdiction. However, product liability claims can name any party along the product’s chain of distribution as a defendant. For NEC infant formula lawsuits, product liability allegations might potentially include:
- The product’s design is inherently flawed or unsafe. For example: The manufacturer knowingly makes a product that harms people while using it for its intended purpose as directed. Another example might be omitting safety mechanisms or protective covers on inherently dangerous equipment, such as guns or knives.
- Defected or flawed product marketing tactics. This may include issues such as absent or inaccurate safety warnings on the product’s label, inaccurate claims, or insufficient instructions.
An attorney practicing in your state can explain what product liability laws may potentially apply to your infant formula case.
2. Failure to Warn
Most product liability lawsuits filed today also include failure-to-warn claims. Basically, failure-to-warn claims allege reasonable consumers could avoid injury altogether with sufficient warning about the product’s potential risks. Some infant formula lawsuits allege that cow’s milk-based products should include a warning about increased risk for NEC in preemies. Since no infant formula makers currently include such warnings on product labels, it is one potential claim for NEC lawsuits. Ask a local attorney whether your state’s failure-to-warn laws may apply to your potential NEC infant formula case.
3. Wrongful Death
Wrongful death claims may represent any fatality that results directly from another person’s negligent acts or lack of reasonable action. Families typically file wrongful death claims on their deceased loved one’s behalf against any alleged responsible party. While no one can reasonably put a price on grief, wrongful death claims can help relieve the family’s financial burdens. Wrongful death claims often name doctors, healthcare workers, nurses, or hospitals among the lawsuit’s defendants. In NEC infant formula cases, allegations of medical malpractice may also accompany wrongful death claims. Consult an attorney in your state about any wrongful death laws that may apply to your potential NEC case.
4. Medical Malpractice
All medical malpractice claims involve healthcare professionals or facilities. Medical malpractice applies whenever a healthcare provider’s deviation from the standard of care injures a patient or results in death. This may be due to recklessness, negligence, substandard medical care, or from an act of omission. Common allegations in medical malpractice claims may include:
- Failure to diagnose or misdiagnosis
- Improper treatment
- Surgical errors
- Medication errors
- Failure to secure informed consent from the patient or the patient’s legal guardian, if applicable
Medical malpractice claims must also show the injury caused considerable damages that the plaintiff may recover through litigation. In other words, it goes far beyond unsatisfactory medical treatment or a less-than-ideal prognosis. To learn whether medical malpractice may apply to your NEC infant formula case, always consult an attorney in your state.
Consult an Attorney About Your Potential NEC Infant Formula Claim
While the above gives you a general idea of what claims may involve, every NEC infant formula case is unique. Only an experienced attorney in your state can give you applicable legal advice regarding your potential NEC infant formula claim. If you would like to request a consultation, please contact Levin, Rojas, Camassar, and Reck, LLC today.