Simply Thick is a brand of food thickening agent that parents have added to breast milk and formula to help premature babies swallow food. Adults with difficulty swallowing also use this product. However, our Simply Thick lawyers know that it has been discovered that using Simply Thick can increase an infant's risk of developing necrotizing enterocolitis (NEC), which is fatal to about one-quarter of babies who develop it. The FDA declared Simply Thick unsafe for infants in 2012, after 20 infants had already developed NEC. The product continues to be on the market for adult use, but parents should be aware that infants under 12 months, pre-term babies, and children under 12 with a history of NEC should not use Simply Thick. If your child developed NEC or another condition as a result of Simply Thick, you should consult the child injury lawyers at Moll Law Group. Billions of dollars have been recovered in cases in which we were involved.Proving Liability for Harm Arising from Simply Thick
NEC inflames and causes the death of intestinal tissue. Symptoms include food intolerance, vomiting bile, bloody stools, and a bloated abdomen, and these can worsen quickly. Its long-term complications may include bowel obstruction and anemia. NEC is life-threatening and may require surgical procedures.
Parents have filed more than 20 wrongful death and product liability lawsuits against Simply Thick. The lawsuits allege that the manufacturer did not conduct appropriate tests and failed to warn parents about the potential risks of developing NEC. Simply Thick lawyers also have claimed that untrue statements were used to market Simply Thick.
Marketing defects are usually actionable. In most states, a manufacturer can be held strictly liable for failing to provide adequate warnings if a consumer is injured or killed as a result. A plaintiff will need to prove that:
- The defendant manufactured the product or was otherwise in the chain of distribution;
- The product had potential risks (such as NEC) that were known in light of generally accepted scientific and medical knowledge;
- These potential risks posed a significant danger if the product was used in a reasonably foreseeable manner;
- Ordinary consumers would not recognize the potential risks;
- The defendant failed to provide adequate warnings;
- The victim was hurt or lost his or her life; and
- The lack of appropriate warnings or instructions was a substantial factor in harming the victim.
Manufacturers owe a duty to warn that is continuous as long as the product is in use. They are supposed to foresee a certain amount of misuse or abuse of the product and take care to minimize harms that would result from that misuse or abuse. However, how far the manufacturer needs to go to anticipate misuse is a factual issue reserved for the jury.
Similarly, in most cases, whether particular warnings were adequate for consumers or end-users are factual issues that juries must decide. However, in some situations, manufacturers that are aware of a serious problem among a number of consumers will issue a recall or settle a case before it proceeds to a jury.Consult a Simply Thick Attorney to Discuss Your Options
If your infant suffered NEC or died because of using Simply Thick, the product liability attorneys at Moll Law Group are available to represent you with presenting a claim for compensation. We represent injured individuals nationwide, including in states such as California, Florida, New York, Texas, Pennsylvania, Ohio, Arizona, and Michigan. Call us at 312-462-1700 or use our online form to set up a free consultation with a Simply Thick attorney.