NEC Formula Lawsuit Attorney Sanctions
Lawyers are jumping on NEC lawsuits. They claim that baby formulas made with cow milk such as Enfamil or Similac pose a risk to premature infants. This is because they increase the chance of developing a deadly infection called necrotizing Enterocolitis (NEC).
Therefore the potential leading attorneys for necrotizing enterocolitis claims needs to be consulted so it could lead to large settlements or verdicts.
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Numerous product liability suits have been filed against Similac's manufacturer (Abbott Laboratories, Inc.) as well as Enfamil's maker (Mead Johnson Nutrition). The defendants are accused of intentionally failing to warn about NEC in these NEC formula lawsuits.
If there is such a thing, mass tort historians will tell you that the first cases in a successful mass tort result in disaster. Ferry v. Mead Johnson & Co. et al. was one of the first NEC lawsuits involving infant formula. (3):20-cv-0499 was filed in Connecticut and transferred to the U.S. District Court for Connecticut due to diversity jurisdiction.
The plaintiff lost this case. The Ferry case was finally dismissed after a year of litigation that included numerous motions to dismiss and amended complaints.
The defense lawyers will send their $500 per hour bills to the court after a dismissal such as this. Instead, the defense lawyers filed a motion to sanction the plaintiff's attorneys and spiked the football.
Let's just say that concern for grieving parents in wrongful-death lawsuits wasn't a high priority for defense attorneys.
The motion raises important issues that should not be ignored. These documents also provide insight into how plaintiffs' lawyers make mass torts clients in cases such as the NEC formula litigation.