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unique needs .” And most importantly , these products remain devoid of any warning concerning their propensity to cause NEC .
Reasonable Alternatives Exist
Human donor milk and human milk based formulas serve as reasonable alternatives to cow ’ s milk formula for preterm babies . In 2006 , a company named Prolacta began manufacturing a human milk-based formula . Importantly , Prolacta ’ s human-based products have been found to reduce the NEC in premature infants by up to 77 percent when compared to cow ’ s milk . Prolacta ’ s products have also been found to be as effective as human breast milk and cow ’ s milk formulas . In a study where infants were fed an exclusive human milk-based diet , it was found that human milk-based diets “ exceeded standard growth targets and met length and head-circumference growth targets , demonstrating that infants can achieve and mostly exceed targeted growth standards when receiving an exclusive human milk-based diet .”
Status Of The Litigation
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Cases are being filed around the country both in state and federal courts . Thus far , many have been moving forward successfully . The plaintiffs ’ complaints primarily allege claims against the formula manufacturers for design defect , failure to warn , and negligence . On the state court front , a motion to consolidate nearly 40 cases in Madison County , Illinois has been granted . Federal cases have been filed in the District of Connecticut , Central District of California , and District of Columbia . It is expected that many more infant formula cases will be filed in federal court in the months to come . Given the amount of plaintiffs and the commonality of this injury , this case is likely headed toward a multidistrict litigation .
Conclusion
For decades , formula companies like Abbott and Mead have been on notice of the increased risk of NEC in premature infants that is associated with their cow ’ s milk formulas . Yet , the companies have still failed to change their labels to warn hospitals , doctors and families of this increased risk . Until these companies take measures to ensure their products are safe and protect premature infants from developing NEC , our most vulnerable population of children will remain at unnecessary risk .
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