Showard Law Firm is investigating injury claims related to Neocate infant formula. Broken bones, rickets, stunted growth, and skeletal deformities are some of the claims appearing in recently filed Neocate lawsuits. Some parents have been unfairly investigated for child abuse by Child Protective Services after their children sustained multiple fractures while taking Neocate. If your child suffered injuries while taking Neocate infant formula, you may be entitled to substantial monetary compensation to cover medical bills and other damages. Contacting a personal injury attorney at our firm to discuss your concerns will cost you nothing. We are available 24/7 to review the circumstances of your child’s injuries and help you determine whether filing a lawsuit is the right next step for you and your family.
What Is Neocate?
Neocate is a type of infant formula specially designed for babies with allergies to cow milk, soy, and hydrolyzed formulas. The amino acid-based formula is made from a basic, easily-digested, easily-absorbed protein to avoid triggering an allergic reaction. In addition to its line of infant formulas, Neocate also offers products for elementary school-aged children with food allergies up to age 12.
Who Manufactures Neocate Infant Formula?
Neocate infant formula is made by Nutricia, a global company specializing in medical foods for people with allergies, metabolic conditions, and gastrointestinal disorders. Nutricia North America was established in 1983 and is headquartered in Rockville, Maryland. Nutricia North America is owned by parent company Groupe Danone based in Paris, France. Both Nutricia and Danone can be named as defendants in Neocate lawsuits.
Why Are People Filing Neocate Lawsuits?
While Neocate pledges to be “nutritionally complete,” the litany of injuries allegedly linked to the product’s use suggests otherwise.
Hypophosphatemia is a condition caused by imbalanced electrolyte levels linked to unexplained fractures or rickets. In 2017, research published by Yale and Mayo Clinic researchers in the medical journal BONE found that 94% of the 51 children diagnosed with hypophosphatemia solely subsisted on Neocate formula products prior to a diagnosis of fractures, rickets, or under-mineralization. Those who were able to switch to a different type of formula showed improvement shortly afterward. Researchers recommended that the mineral metabolism of children using amino-acid formulas be carefully monitored. Similar findings were published in a 2017 Bone Abstracts journal article which referred to Neocate as “a rare cause of rickets.”
Phosphorus is just as important to bone growth and development as calcium. Infants and children with low phosphorus levels can develop broken bones, skeletal deformities, rickets, muscle weakness, pain, and poor growth. While some children improve by switching formulas or supplementing with phosphate, others may require surgery or sustain life-long damage.
A Neocate lawsuit can provide families with much-needed compensation to cover medical expenses, surgeries, rehabilitative therapy, medications, and new medically-approved formulas. Personal injury lawsuits can compensate caregivers for lost wages when they must take time off work to care for a sick or injured child and compensate the child for disability-related loss of earning potential. The civil courts also allow for a subjective measure of “pain and suffering” the child may endure due to physical pain, depression, grief, worry, inconvenience, mobility limitations, and shortening of lifespan.
On a broader level, Neocate lawsuits inform other concerned parents and child advocates of dangers in the marketplace, while sending a message to regulators and manufacturers that we will not tolerate reckless disregard for safety in product development.
What Does the FDA Say About Neocate Baby Formula Risks?
Neocate and all baby formulas are exempt from FDA approval, classified as a “medical food,” which must be used under a doctor’s supervision. However, all formulas marketed in the U.S. must meet federal nutritional standards, and all formula manufacturers must alert the FDA before marketing a new product.
There has been one voluntary recall of 3,700 Neocate infant formula cans distributed from September 1-11, 2009. According to the Nutricia, there was a “one-time blending error” causing cans to contain “protein levels lower than declared on the label.” They maintain no adverse events were reported, and the short-term risk was not serious.
Neocate Baby Formula Lawsuit Settlements & Verdicts
While the number of baby formula lawsuits continues to grow around the country, no settlements have been announced, and no cases have gone to trial. When multiple plaintiffs file lawsuits with the same allegations against a drug manufacturer, the cases are sometimes consolidated in federal court as “multidistrict litigation (MDL)” for the purpose of streamlining pre-trial procedures such as discovery. This speeds up the process and saves money for both sides, leading to bellwether trials where especially representative cases are tried before a judge and jury to gauge the strength of the opposing arguments and better determine how the rest of the cases will resolve. If no universal settlement agreement is reached through this process, the individual lawsuits may return to their court of origin for trial. No MDL has yet been formed for Neocate baby formula lawsuits, though consolidation is a possibility in the future.
A Neocate MDL would differ from a Neocate class-action lawsuit. In a class action, multiple plaintiffs join together to file one lawsuit, with all plaintiffs taking a share of a potential settlement.
Is Your Child Suffering From Neocate Formula Side Effects?
If your child is suffering from any of the adverse Neocate formula side effects, contact Showard Law Firm product liability lawyers right away for a free, confidential consultation. You are under no obligation to file a lawsuit with us, but if you choose to do so, you will not owe any money unless your case resolves successfully in your favor. If we do not secure compensation in a settlement or courtroom victory, you owe us nothing for our services. It is always worth investigating to determine whether you should be compensated for your losses and whether infant formula manufacturers should be held to higher safety standards.
- Neocate – About Neocate, https://www.neocate.com/about-neocate/
- Nutricia Metabolics – Company, http://www.medicalfood.com/company/
- Medical Journal BONE – https://www.ncbi.nlm.nih.gov/pubmed/28167344
- Clarion-Ledger – Unexplained Bone Fractures Where CPS and Health Care Collide, https://www.clarionledger.com/story/news/politics/2018/04/23/unexplained-bone-fractures-where-child-protection-services-and-health-care-collide/474661002/
- Bone Abstracts Journal – A Rare Cause of Rickets, http://www.bone-abstracts.org/ba/0006/ba0006p048
- MPR – One Lot of Neocate Recalled, https://www.empr.com/uncategorized/one-lot-of-neocate-infant-formula-recalled/