Parents File Personal Injury Lawsuit on Behalf of Their Child for Injuries Suffered After Ingesting Simply Thick
In May 2011, the FDA recalled Simply Thick, after receiving 15 complaints about injuries, including 2 deaths, related to Necrotizing Enterocolitis (NEC) in premature infants that ingested the formula. NEC causes inflammation and death of intestinal tissue, and has a 25% mortality rate.
After the warning, the FDA conducted an inspection of Thermo Pac, LLC’s plant in Stone Mountain, Georgia, where the formula was manufactured, and found numerous problems with the facility.
In September 2012, the FDA repeated the same warning, but this time stated that “infants of any age” could face serious health complications from ingesting Simply Thick.
The latest personal injury case was brought forth by North Carolina couple Leslie and Michael Nesheim, whose infant daughter – referred to as Baby L.N. – and her twin brother were born prematurely. Baby L.N. was fed Simply Thick, while her brother was not. The couple alleges that, as a direct consequence of ingesting Simply Thick, their daughter developed NEC. Baby L.N. underwent 3 surgeries and had a large portion of her intestine removed. Because of the disease and subsequent surgeries and hospitalizations at such a young and fragile stage of life, Baby L.N. is at greater risk of neurological impairment, intestinal diseases, and a shortened lifespan.
“Within days of being fed Simply Thick, my daughter developed NEC. To save her life, a large portion of her intestines were removed, which resulted in her now living with an irreversible condition called Short Bowel Syndrome,” stated Leslie Nesheim. “We are blessed that she survived and is with us today. But no words can describe how this product has affected the lives of so many precious children and their families.”
The primary ingredient in Simply Thick is Xantham gum, and numerous personal injury and wrongful death lawsuits against the company allege that the company never conducted a proper analysis of potential health risks in newborn children. The product was introduced to the market in 2001, and by 2004, hospitals across the country began reporting health complications in infants that had ingested Simply Thick.
To date, more than 20 families have filed personal injury claims, 10 of which are wrongful death claims after the children died from NEC complications.
Personal Injury and Wrongful Death Cases in South Carolina
Consumers that have been harmed by defective products such as drugs, medical devices, or other products, may be eligible to receive legal remedies. Such legal remedies, or damages, may include compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering, and mental anguish. Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.
Even before you begin to deal with the grieving process, an insurance adjuster may contact you and offer a quick settlement for much less than your claim is worth. Our lawyers provide aggressive representation to protect your rights and fight to obtain fair compensation. While you focus on getting through this tough experience, we will focus on protecting your rights.
The Strom Law Firm Can Help with Personal Injury Lawsuits
Although many of the people we represent in these cases are from right here in South Carolina, our lawyers routinely take clients from throughout the Southeastern U.S. and, in certain types of product liability or pharmaceutical cases, from across the country as well. If you or a loved one has been injured or killed through no fault of your own, from ingesting pharmaceuticals, products like Simply Thick, or using a defective item, you may have a personal injury or wrongful death case. Contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800