“Preemies” devastated by cow’s milk-based formula deserve justice

Close up of a female feeding a premature infant formula from a bottle

Canadian Victims of “NEC” Given “Ticket To Hell” - May Be Entitled to Compensation

Families of premature babies fed common infant formula derived from cow’s milk deserve justice as they struggle through a life of suffering and financial hardship.

The victims were administered products such as Enfamil and Similac, long before their organs developed, resulting in horrific bacterial infections that literally caused intestines and bowels to turn black and decay.

“Formula milk companies… run advertising that routinely mischaracterizes scientific findings: It’s time to stop infant formula marketing practices that endanger children.”
World Health Organization, March 2022

It’s estimated thousands of Canadian preemies are victims of Necrotizing Enterocolitis, more commonly referred to as NEC.

Gluckstein Lawyers Senior Counsel Steve Rastin says these victims are being forgotten and neglected, while large corporations continue to make huge profits from the baby formulas.

“I’m being contacted by families and victims who suffered horrific damage to their digestive systems from NEC infections. Yet they have not received proper compensation for the careless use of cow’s milk-based formula that was marketed as a super-food. It’s unjust and they have a right to legal remedies. The families were misled at a time when they were most vulnerable,” Rastin said.

Cow’s Milk-Based Baby Formula Class Action Lawsuit

The Gluckstein Lawyers class action team is pleased to announce that it has agreed to join with Rice Harbut Elliott LLP, based out of British Columbia, as co-counsel in a class action lawsuit filed on December 15, 2021 against two companies who manufacture and market cow’s milk-based baby formula throughout Canada. Gluckstein Lawyers and Rice Harbut Elliott will be working with a leading American law firm who is working on a large multi-staked MDL (multi district litigation) representing tens of thousands of alleged victims of NEC in the U.S.

The NEC class action lawsuit alleges that cow’s milk-based formula manufacturers are liable for misleading and false scientific claims. Babies born prematurely who developed NEC may have a claim for compensation. "We are pleased join this litigation as co-counsel with Rice Harbut Elliott in this important litigation. Anyone who’s suffered life-altering injuries as a result of contracting NEC after using cow’s milk-based baby formula is urged to contact us to see if they’re entitled to compensation” he added.

The Impact of Necrotizing Enterocolitis (NEC)

NEC victim Cassidy Nicholson, who’s now 23 years old, endured a childhood marred by 20 surgeries before the age of 7 after her intestines necrotized when she was 1 pound and 14 ounces. Cassidy says she and her family “suffered physical, emotional and financial hardship for more than a decade” and wants Canadians to follow the American lead in seeking justice. “I spent my childhood under the knife as surgeons tried to correct the devastating effects of the condition. I’m scarred forever and it’s a miracle I survived. No other child or family should have to go through this without support AND compensation,” said Cassidy.

Rastin states “The World Health Organization clearly determined that breastmilk is the only safe way to nourish premature babies and that hospitals were misled by marketing campaigns claiming cow’s milk-based baby formula was a miracle food. For some, it was a ticket to hell.”

Contact Gluckstein Lawyers For More Information

If your baby was born prematurely and developed NEC, you may have a claim for compensation. Contact our class action lawyers so that we can arrange a free consultation.


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