If you have a child that developed Necrotizing Enterocolitis (NEC) from ingesting various brands of baby formula, you may be wondering what the next steps are. Filing a lawsuit is only the beginning of a long process that can often take years to resolve. It’s a challenge, and you don’t know what to expect going forward. The moving parts are beginning to spiral out of reach, and you need a way to pull them back into focus.

There’s a rhythm to litigation, it’s beneficial to learn it.

Phase One: Hire Counsel

The first step is to hire an attorney. You’ll want a law firm that specializes in products liability and has experience litigating NEC baby formula lawsuits. They will help you submit your grievance and guide you through the process.

Contact a firm by phone or email and provide any necessary information they request. Make sure the attorney of your choice fits within your budget. Some lawyers will only charge you a retainer upfront, and wait until the end of litigation to take the bulk of their fees.

The firm will help you file your claim, contact the defendants, and in some cases, send investigators to interview your child’s doctors or nurses. If there are medical records relevant to the claim, collect them and give them to your attorney. This includes any photographs or videos depicting any hardships your child has suffered. Personal testimony is good as well. Keep a record of your infant’s experience with the infection. The formula companies are going to use anything they can against you. They may even ask if everything you feed your child is organic or if you’ve ever let your child have caffeine as examples. They will try to pick apart all of the nutritional history they can about your child so record keeping is important.

The sooner you can establish an attorney-client relationship with them, the faster they’ll be able to get started on building their case.

Phase Two: File A Claim

Once you’ve hired a lawyer, and given them all the information they need, it’s time to file a claim.

There’s a lot of paperwork involved. Your attorney will be able to help you fill out the necessary forms and submit them, based on where the courts are located. They’ll also file in-line complaints against the defendant companies that manufacture baby formula.

It’s important to note that once your grievance is filed, it will be considered a public document. Anyone can read it and access the information you provide within its pages. Make sure that the detail you provide for your case is information you don’t mind being shared with the public. This includes any personal financial specifics, emotional hardships, and family squabbles.

There are a few routes that the responsible party can take once the NEC infant formula lawsuit claim is filed. Two of the most common methods of litigation are negotiating a settlement with your attorney, or refusing compensation and going to court.

This is where the evidence plays a major role. It presents a direct correlation from the use of the baby formula to your child’s contraction of NEC. You need to have the records to prove that. If any other conditions or hardships are a direct result of your child ingesting any of those formulas, those need to be included as well.

If there are other complainants involved in your suit, they will need to provide the same information. The more suits that the responsible party has filed against them, the more likely they are to seek a settlement.

Phase Three: Negotiate a Settlement

Negotiations are less of a strain on your time, energy, and budget. You attorney will make the necessary demands and work out a deal with all responsible parties. They will provide you with the company’s offer and you can decide whether or not the payout amount is satisfactory.

After you agree to the terms of the settlement, there will be several forms to complete. You’ll have to sign off on a statement that makes the litigation a public record. Most agreements contain non-disclosure clauses stating that all parties involved may not discuss the issues surrounding the settlement.

Make sure you have a clear understanding of what you’re consenting to before you sign. Ask your lawyer about parts of the contract you don’t understand.

It’s possible that the defendant will refuse the settlement, refuse to participate in a court case, and instead, decide to countersue. Most of these lawsuits will be for defamation. The company will claim that your grievance is false and has given the company a bad reputation, resulting in a drop in sales.

Attorneys are prepared for countersuits and will gather the information necessary to have the case dismissed or settled outside of a courtroom.

NEC infant formula lawsuit settlements can be strenuous, but the large compensation your family can receive will help ease the hardship your child has endured. Medical bills and medications can be expensive; your settlement will give you the means to pay for whatever treatment your child needs.

This is the right battle to fight; for the sake of your child and in pursuit of the justice your family deserves.