Did Tainted Baby Formula Make My Child Sick? October 4, 2010

I heard today from a woman whose newborn child developed a serious gastrointestinal illness. Her child’s doctors are unsure of the cause, though they suspect it could be caused by a milk allergy. The woman is concerned that the formula she fed her son may be the cause since the formula was subsequently recalled because it had beetles and larvae in it. The FDA has warned that the insect impurities could cause gastrointestinal problems. She wants to know if she might have a case against the formula manufacturer for a defective product.

To pursue this case, the woman would need to determine three points:

1. Was the product defective? In this case, she has leftover formula, so she could have that tested to determine if it had impurities – insect parts and larvae certainly counts as impurities.
2. Did the defective formula cause her son’s illness? She would need one of her son’s treating doctors to state that impurities in the formula caused the child’s illness.
3. What injuries resulted from the illness and how do you quantify those damages? Answering this question depends upon the medical records, the testimony of medical experts and the research and analysis of an attorney who can put a dollar value on the injuries and illnesses suffered by the child.

I have great empathy for this woman. The birth of a new child is always a source for great joy, though the birth of a child, especially a first child, often can cause stress for the parents and they learn to care for their child. A child who becomes sick is always a great concern and can cause great anxiety for parents. Our youngest son was born with Down syndrome and, in the first three months of life, underwent intestinal by-pass surgery and open-heart surgery.  Our son is a happy and healthy 14-year-old now, but I remember the worry and stress we experienced as we tracked his health and sought the best medical care we could find.

In cases like this, my advice is simple. Always take care of a child’s medical needs first. Seek the best medical care for your child. If you think your child’s illness resulted from a defective product, then consult an attorney. The consultation will be free and the attorney can advise you on whether the case is worth investigating. Only after an investigation, can an attorney determine the best way for you to proceed.

I hope you found this information helpful. If a defective product has injured you or a loved one, you may want to consult a New York personal injury attorney experienced with defective product cases. I would be glad to answer your questions and assist you. If you live in the New York metropolitan area, I can represent you. If you live elsewhere, I can help you find an attorney. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.  

Carol L. Schlitt
New York Personal Injury Attorney
http://www.schlittlaw.com/
1-800-660-1466
Carol@SchlittLaw.com

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.