What Is The Average Compensation For An NEC Lawsuit?

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Necrotizing enterocolitis (NEC) is a life-threatening disease that affects premature infants and occurs in about 1 out of every 1000 births. The condition occurs when the intestine becomes damaged and inflamed, leading to perforation of the bowel wall. And the root cause? The use of cow milk-based formulas and nutritional boosters in babies born prematurely.

If your baby suffers NEC complications due to a formula manufacturer or healthcare provider’s negligence, you want to contact an experienced NEC attorney who can help you recover maximum compensation for your injuries. A qualified lawyer from Elrod Pope Law Firm will help you hold accountable those responsible for your child’s suffering.

How Much Is My Baby Formula Lawsuit Worth?

According to stats from the recent successful lawsuits, the average total award for an NEC case is $3.5 million. That does not mean that you will receive that exact amount when you file an NEC lawsuit. Several factors usually influence the amount of damages you may be eligible for, including:

  • The severity of the injury suffered by your child.
  • Whether the defendant was at fault for causing your child’s injury.
  • Your child’s age at the time of the injury.
  • The extent of your child’s future medical expenses.
  • The defendant’s intent when they made a mistake. Was it honest or ill-driven?

The jury also plays a critical role in determining how much money you are entitled to receive. It’s also worth noting that your case may be worth more than the average amount quoted above, especially if your child suffered more severe damages. For instance, if the NEC injury causes permanent brain damage, the jury may give you a larger settlement because of the long-term effects of such an injury.

If your baby has been injured due to someone else’s negligence, you need to speak with a skilled attorney as soon as possible to determine if you have grounds to pursue legal action against them.

What Damages Can I Recover In An NEC Lawsuit?

In most cases, you can seek compensation for the following types of economic and non-economic damages:

  • Past and future medical bills related to NEC treatment
  • Lost wages while recovering from NEC
  • Pain and suffering caused by the injury
  • Future physical limitations
  • Future out of pocket costs
  • Time missed from work when caring for the baby
  • Loss of enjoyment of life
  • Pregnancy loss
  • Permanent scarring

In case of wrongful death, the jury may decide to compensate you for what the baby would have earned in their lifetime. You may also receive compensation for the emotional trauma, grief of losing a child, and the loss of closeness the rest of the family would have had with the child had they lived.

NEC Lawsuit FAQs

We have answered a few questions that we suspect are atop your mind after reading this article. If you still have any unanswered questions regarding NEC litigation, please feel free to reach out to us via our contact page.

How Long Does It Take To Win A NEC Lawsuit?

It depends on several factors, but typically, it takes about two years from the date of filing until a verdict is reached. The timeframe includes the discovery process, where both sides exchange information about each other’s claims and defenses.

Can I Sue Without a Doctor’s Diagnosis?

Yes! If your doctor doesn’t diagnose your child with NEC within 72 hours after birth,  you can still sue for NEC without the diagnosis. However, there must be evidence (symptoms of NEC) that the baby suffered from NEC complications before filing the claim.

How Much Money Should I Ask for in A NEC Lawsuit?

You should ask for enough money to cover all of your current and future medical bills, lost wages, pain and suffering, and other expenses incurred due to the injury.

Contact Us Today!

If you need legal assistance regarding an NEC medical malpractice claim, please call us at (803) 599-3080 to schedule a free, no-obligation consultation. At Elrod Pope Law Firm, we take pride in helping injured people recover maximum compensation for their losses through aggressive representation while remaining mindful of your needs.

Our attorneys are available 24/7 to answer all your questions and legal concerns. We look forward to hearing from you!

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.