Neocate Lawsuits for Broken & Damages Bones (Infant Formula)

Neocate is a popular brand of infant formula that is amino-acid based. However, like many brands of infant formula, there are legitimate health dangers to the babies who depend on them. Many of these popular brands have faced lawsuits for various alleged defects in the products that have sickened and harmed babies. Neocate is no different as its makers are being sued because families have alleged that it is tied to broken bones and cases of rickets.

Update- February 19, 2022- “(Washington, DC) Today, DC Health is advising parents and caregivers of infants to not use infant formula that has been recalled by the FDA for possible bacterial contamination. Abbott Nutrition announced on February 17, that it is voluntarily recalling infant powdered formula produced at their Sturgis facility in Michigan. This includes Similac, Alimentum, and EleCare brand formula. The FDA’s full press release can be found here. DC Health is advising consumers not to use Similac Advance, Similac Sensitive, Similac Total Comfort, Similac for Spit Up, Alimentum, EleCare Infant, and EleCare Jr. powdered formula if:…” DC Health

Why Children Are Prescribed Neocate

Neocate is not something that you can freely buy on store shelves. It is given by prescription when infants have developed an intolerance for milk and have other allergies. Specifically, Neocate is prescribed for the following:

• Cow milk allergy
• Multiple food protein intolerance
• Short bowel syndrome
• Gastrointestinal reflux disease
• eosinophilic esophagitis

The Different Formulas in the Neocate Line

This formula is usually one of the last resorts when an infant is having feeding problems, and breast milk and other types of formula are not tolerated. Neocate is actually the name for an entire range of infant formulas. Specifically, the line includes the following:

• Neocate Syneo Infant – for use by infants from 0-12 months
• Neocate Infant DHA/ARA – also for use by infants from 0-12 months. This formula contains nucleotides and adds DHA
• Neocate Junior – for use by infants over one year of age. It can either be used as a supplement or as the sole source of nutrition
• Neocate Nutra – this is used by infants over six months old and mixes into the consistency of a cereal.
• Neocate Splash – for use by children over one year, this formula mixes into a drink

Neocate is manufactured by Nutricia North America. This is now a subsidiary of the French conglomerate Groupe Danone. This is the same company that makes food products such as Dannon Yogurt. Neocate is part of the Advanced Medical Nutrition business unit. Its primary competitor is Nutramigen Baby Formula.

Any product defects in infant formula will have a large effect, since the product is a main source of nutrition for a delicate and developing body. Therefore, it is critical that these products be free from defects. This is not always the case with infant formulas, as there have been numerous class action lawsuits over the years.

Infant Formula Makers Have Been Sued

Usually, lawsuits involving infant formula can take on one of two forms. There have been lawsuits against formula makers in the past, alleging that babies were injured when their product was contaminated. For example, there was a large lawsuit against the makers of Enfamil that claimed that the product was contaminated by insects.

Side Effects Associated with Neocate

Here, the alleged problem is with the composition of Neocate. Specifically, Neocate is alleged to cause:

• Low phosphate levels
• Bone fractures
• Rickets

A 2017 Study Reveals Problems

Neocate’s legal issues began with a 2017 study that was published in the magazine Bone. The study group focused on children who had low phosphate levels. Most of these children suffered from fractures. The common denominator among these children is that they had consumed only Neocate as infants. What led researchers to believe that Neocate may be the cause of the hypophosphatemia is that their condition improved when they were switched from Neocate to another formula.

In one case, a father was even investigated for possible child abuse claims when his child with cerebral palsy developed multiple fractures. The father was saved from criminal charges when his daughter happened to draw the connection between her brother’s formula and his fractures. Here, a father almost ended up in jail over the possible product defect in Neocate formula.

There are allegations that the company that makes Neocate knew even earlier that there was a connection between their product and unhealthy bones. However, the company allegedly took their time to begin researching the possible tie. In the meantime, they continued to sell the product to families. The end result was that physicians were now instructed to monitor babies’ phosphate levels when they were prescribed Neocate. Seemingly, this is an admission of the possible connection between the formula and poor bone health.

How Can I File a Neocate Lawsuit?

The process of obtaining financial compensation begins when you hire a product liability lawyer to represent you in a lawsuit. The attorney will review your file and your medical records and work with you on drafting a complaint. Once this is filed in court and served on the defendant, your lawsuit has begun.

The Neocate lawsuit process can take years to resolve. There have been cases filed several years ago that are still not at the trial stage. Before then, your case will be the subject of pretrial motions and a long process called discovery, where your lawyers can learn facts that will help prove your case when it gets to court.

Can I Afford to Hire a Neocate Lawyer?

It will cost you no money out of your pocket to hire an attorney for your case. Your Neocate attorney will work on a contingency basis, meaning that they are not paid unless you receive money for your case. If you get nothing, your lawyer gets nothing. This means that you will not be stuck with large hourly bills for their services if your case is unsuccessful. Your attorney will be paid out of the proceeds of your settlement or jury award.

How Much Is My Neocate Case Worth?

It is hard to say. Two Neocate cases can be worth completely different amounts because your compensation all depends on the particular harm that your child suffered. Beyond that, two juries may have completely different views of cases. You can receive money for all elements of harm that your child experienced. This can include:

• Medical bills
• Pain and suffering
• Cost of future care
• Emotional trauma and distress
• Your missed work to care for your child

If your child has taken Neocate and has suffered from any of the above side effects, contact a Neocate lawyer immediately so you can begin the process of filing your own lawsuit.