The Path to Fair NEC Lawsuit Payouts: Steps & Considerations

A child’s life is delicate. Infants, especially those who are premature, are susceptible to diseases and illnesses. One of the deadliest and most common diseases that mainly affects premature babies is known as NEC. Necrotizing enterocolitis (NEC) is a life-threatening disease that affects the intestinal tract of the child. It is common in premature babies in the neonatal intensive care unit. This disease typically occurs in the 2nd or 3rd week of the life of the infant. NEC occurs when the tissue lining the intestinal tract becomes inflamed and can slough off. It may lead to a hole in the intestine, which can cause infection and eventually react to death. Some signs of NEC include:

●    Swollen or tender belly

●    Red, blue, or gray discoloration of the belly

●    Trouble feeding

●    Diarrhea, or dark and bloody stool

●    Being lethargic

●    Unstable body temperature

In this blog, you will learn about the NEC lawsuit and all the intricate details related to it.

The NEC Lawsuit

Several premature children are given some sort of baby formula during their entire stay. Baby formula is the greatest way to add nutrition to a child’s body. Enfamil and Similac are made by Mead Johnson and Abbott Industries, respectively. These baby formulas claim to be as nutritious as human milk. It was later found out that these baby formulas were made from bovine-based milk. Cow milk is difficult to digest. You will be able to see intolerance to cow milk in several adults, too. Some children were given these cow-based baby formulas as gifts from the hospital or were fed this formula during their stay. As a result of this prolonged exposure, they developed Necrotizing enterocolitis. This disease claimed the lives of several children. Before long, parents started to file cases against these big companies. The parents wanted compensation for the physical and psychological distress they had to endure. As of January 2024, there are around 400 pending cases under the NEC lawsuit.

Understanding The Case

The best way to understand the intricacies of a case is to seek legal advice. A lawyer who is an expert in mass tort cases will be able to make you understand all the details regarding the case. Seek advice from a specialized attorney experienced in NEC cases. Understand the specifics of your case, including damages, liability, and potential compensation.

Documentation & Legal Consultation

Gather Evidence

Collect all relevant documentation, including medical records, financial statements, and any other evidence supporting your case. You can also show receipts, proof of purchase, packaging, or boxes from the formula.

Expert Opinions

Consider expert testimonies or opinions that can strengthen your claim regarding the non-economic damages suffered. Showing the experience of other parties who may have suffered similar consequences will help give your case more edge.

Quantifying Non-Economic Damages

Evaluation Of Damages

Assess the impact of non-economic damages, such as pain and suffering, emotional distress, loss of consortium, or loss of enjoyment of life. Non-economic damages are subjective, and there is no set value for it.

Financial Calculations

Utilize professional methods to quantify non-economic damages, considering the severity and long-term implications of your injuries or losses. Some courts apply the multiplier method to calculate the non-economic damages, while others take up the diem method. Regardless of the method used, these damages have caps imposed on them, and the jury may not agree with you as there are the receipts to prove them.

Negotiation & Settlement

Demand Package

Present a comprehensive demand package outlining your case, including the non-economic damages suffered and the compensation sought.

Negotiation Strategy

Collaborate with your attorney to devise a negotiation strategy, aiming for a fair and reasonable settlement that adequately compensates for non-economic losses.

Litigation & Trial

Preparation For Trial

Be prepared for the possibility of a trial if negotiations don't yield a fair outcome. Your legal team should be well-equipped to represent you in court effectively.

Presenting Your Case

Present compelling evidence and testimony to demonstrate the impact of non-economic damages during trial proceedings.

Considerations

Statute of Limitations

Be aware of the time limits within which a lawsuit can be filed to ensure compliance with legal deadlines.

Legal Precedents

Understand legal precedents in NEC cases to gauge the potential range of compensation.

Emotional Support

Acknowledge the emotional toll of litigation, seeking support from friends, family, or counseling when needed.

The Bottom Line

It is possible to get compensated for your losses and sufferings after you file for an NEC lawsuit. Remember, every case is unique, and every NEC lawsuit payout will differ from the other. These cases are complicated and involve a lot of science and law. It is essential to find a lawyer with an extensive knowledge about mass tort cases before taking any step.