How to Calculate the Compensation Value for a NEC Lawsuit


The growing number of NEC cases across the country is a cause of concern for parents of premature babies. Necrotizing enterocolitis (NEC) is a severe gastrointestinal infection that can lead to dire medical issues or even death in young babies. As a parent, you can file a claim against the formula manufacturer for harm to your baby. It indicates their negligence for failing to warn the consumers about the inherent risks of NEC associated with feeding their infant with cow milk-based baby formula. Thankfully, you can receive handsome financial compensation by presenting your claim in the right manner. But everything boils down to finding the right lawyer and calculating the optimal value of compensation for your NEC lawsuit. Here are some tips you can follow to get the amount you deserve for your little one’s suffering.

Holding the manufacturer responsible

Baby formula manufacturers conduct intensive research and studies before launching their products on the market. Research is a part of the legal obligation of brands as a duty of care toward consumers. It means they are fully aware of the fact that the product leads to a risk of NEC in premature babies. But not providing proper warning on the product labels puts them on the wrong side of the law. They probably neglect it to ensure that the sales do not get affected or do it due to sheer carelessness. Whatever the reason, consumers can suffer due to the intentional or unintentional negligence of the manufacturers. Their failure to warn about NEC risks gives consumers a valid reason to hold them responsible for the ill-health or death of their babies. They can rightfully bring a lawsuit against the company and claim compensation for the expenses and losses.

Calculating the average settlement for NEC lawsuits

Since leading brands and companies are involved in NEC cases, the average settlement can run in millions. However, the amount may differ from case to case depending on several factors. You must consult specialist lawyers for baby formula lawsuits to calculate the rightful compensation value for your child. Typically, it depends on the individual damages your baby suffers from with the formulas. For example, the length of time a premature baby experiences pain or survives after contracting NEC can contribute to the damage award. Several times, the amount depends on the discretion of the jury issuing the verdict. The damages are more in cases involving permanent long-term damages or death due to evident reasons.

Considering severe cases of NEC

Mother is holding newborn while sleeping on her chest

If your child sustains severe damage due to NEC, you can expect a larger payout as compensation for the baby formula lawsuit. The treatment is longer and more expensive in such cases, so the medical bills are bigger. Moreover, the risk of long-term complications is greater. The child has to bear more pain and suffering due to the severity of the condition. Additionally, the chances of death are greater in these cases. Here are the key components of potential damages in product liability lawsuits like baby formula cases-

  •   Cost of past and future medical treatment
  •   Past and future pain and suffering
  •   Future out of pocket expenses
  •   Compensation for future physical disabilities
  •   Loss of consortium for patents while raising a baby with long-term health complications
  •    The emotional trauma of the family
  •   Missed time from work while taking care of the sick baby

Parents can claim compensation for wrongful death if their baby dies due to severe NEC complications. These cases have additional factors that increase the claim value. Obviously, you can expect bigger payouts for losing your baby. The compensation value will also include damages for trauma and grief over losing a child, the amount the child could have earned in the future, and payment for the loss of the closeness they would have developed with the baby.

Baby formula claims are often high-value ones because they involve renowned brands and corporations. But there is always a risk of losing your claim because these companies often have seasoned legal teams to defend them from consumer lawsuits. However, giving up on the compensation you deserve for your sick or dead baby is the last thing you should do. You must try your best to claim damages for your expenses, pain and suffering, and losses due to the disability or death of your little one. The best way to do it is by collaborating with a legal expert specializing in such cases. Since they have experience in dealing with corporations, they can do their best to prove the claim and get the compensation and justice your baby deserves. 

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