7 months old baby boy in a safety car seat.

How Can You File a Toxic Baby Formula Lawsuit?

There are two ways for you to file a toxic baby formula lawsuit. First, you may be part of a class-action lawsuit where one person represents the interests of many others who have filed a claim against the baby formula manufacturer. In this situation, you will not need to file an individual suit as long as you meet the requirements to be included in the class-action lawsuit.

Alternatively, you can file a toxic baby formula lawsuit for damages if your child suffered a compensable injury and you opt out of any class action lawsuit. An individual personal injury lawsuit makes the most sense for those parents whose child suffered an injury due to contaminated baby formula. Class action lawsuits are not designed to recover damages for personal harm and other serious injuries.

Toxic Baby Formula Personal Injury Lawsuits

If you’re the parent of a child harmed by contaminated baby formula, you have important legal rights against the manufacturer of the baby formula. You are strongly encouraged to reach out to an experienced product liability attorney to discuss your rights and how an individual lawsuit might help you and your family with medical expenses and future care needs.

Typically, claims involving a defective product are filed in state court as a product liability claim under state law. However, there are a group of lawsuits over toxic baby formula currently filed and coordinated in federal court. An experienced attorney will review your specific situation and advise whether you should file your lawsuit in state or federal court.

An experienced product liability attorney (not just a personal injury lawyer) will have specialized knowledge about the types of defects at issue, which could include manufacturing defects, design defects, or warning label defects. Depending on these, you may be able to recover significant damages from the manufacturer if it caused harm to your infant after you used the baby formula product.

Class Action Lawsuit Over Toxic Baby Formula

A class-action lawsuit is a civil action filed on behalf of a group of similarly situated plaintiffs. The proposed class members are all injured by the same defendant in the same way. Class action lawsuits can involve hundreds, thousands, or even millions of plaintiffs.

While there are significant benefits to joining a class action lawsuit, the class action procedure is not appropriate in claims involving personal injuries. Typically class action lawsuits are filed by consumers who seek damages to recover the money they spent buying a defective and possibly harmful product. In fact, it’s quite common for class action lawsuits to specifically exclude people from the class if they are bringing claims for personal injuries.

What can you do if your child suffered harm from toxic baby formula?

You may have several options to file a toxic baby formula lawsuit for NEC, but the first step is to identify the parties involved and conduct your research.

You can talk to other parents who have used the same product. If they’ve had any adverse effects, it’s more likely that your lawsuit will be successful.

Other parents may have also experienced problems with their baby formula, so they may be willing to support you in filing a lawsuit against the baby formula manufacturer or other responsible parties. In this case, you would file one claim against several defendants and seek compensation for everyone involved.

You might be eligible to file a wrongful death lawsuit if your child died from ingesting toxic baby formula products. You might be eligible to file a personal injury lawsuit if your child was injured or became ill after consuming the toxic baby formula.

How did manufacturers contaminate baby formula?

The root cause of the problem is where the answer to “why” begins. Why did this particular failure occur? How could such a defect happen in a regulated product given to infants?

A thorough investigation will reveal the timeline of events and expose how and why these tragic events occurred. Such an investigation is already ongoing in several state and federal courts throughout the nation.

Filing a lawsuit against the baby formula manufacturer that produced the defective product is an important option. These lawsuits will expose the negligence or fraud that led to the tragic harm to so many infants and the incredible pain suffered by the parents and families of these innocent children.

As with all lawsuits, it is critical to remember there are time limits to bringing civil claims in a court of law.

Collect Evidence and Contact a Product Liability Attorney

After receiving medical attention, you should begin collecting evidence. Photos or video footage of the product and harm suffered could be extremely helpful in proving your case, as any contact information of potential witnesses to the injury.

Before filing a toxic baby formula lawsuit, gathering all documentation relating to your child’s injuries and damages is essential. This would include medical records, hospital bills, medication receipts, and other proof. An experienced product liability attorney can help you obtain and organize this information.

Free Consultation

If you believe your child was harmed by toxic baby formula, please get in touch with an experienced lawyer as soon as possible.

You can hire an attorney with experience in similar cases. It will help secure your child’s future by getting you compensation for medical expenses, pain, and suffering, therapy costs, and more.