Lawsuits Over Products That Harmed Children’s Health

Children’s health lawsuits claim companies failed to warn about the dangers of their products.

Parents and guardians of injured children are filing lawsuits demanding compensation for long-term injury, disability or death. Lawyers are currently accepting cases for the following litigations.

According to baby formula lawsuits, cow’s milk formulas like Similac and Enfamil may increase the risk of necrotizing enterocolitis (NEC) in preemies.

NEC is a gastrointestinal issue that causes inflammation, leading to tissue death. It primarily impacts preemies and can be fatal.

Studies have linked NEC and cow’s milk baby formulas. One study published in Frontiers in Pediatrics cited formula, specifically cow’s milk protein, as one of the main triggers of NEC. 

Parents and guardians filed children’s health lawsuits alleging that baby formula manufacturers failed to adequately warn them about the risk of NEC.

One mother filed a baby formula lawsuit after her premature son consumed Enfamil and/or Similac in the neonatal intensive care unit. He developed a severe case of NEC where all the tissue in his bowel died, resulting in his death.

Tylenol lawsuits against manufacturers and other companies claim that prenatal use of acetaminophen (Tylenol) may increase the risk of attention-deficit hyperactivity disorder (ADHD) and autism spectrum disorder (ASD) in children. 

Lawsuits allege that acetaminophen has been marketed as “the safest, and the only appropriate, over-the-counter pain relief drug on the market for pregnant women.” However, some studies indicate that prenatal exposure to the drug may impact fetal development and increase the risk of disorders like ASD and ADHD. 

One study published in JAMA Psychiatry looked at 996 mothers and their infant’s exposure to acetaminophen. Findings suggested exposure to acetaminophen in utero increased the risk of ADHD and autism. 

Parents who filed lawsuits also claim that defendants in the Tylenol litigation failed to warn pregnant women of the risks of autism and ADHD.

Social media harm lawsuits being filed against the parent companies of Instagram, TikTok, YouTube and Snapchat claim that these apps are designed to be addictive to kids and young people, according to attorney Brendan Smith of Simmons Hanly Conroy. 

“In many cases, plaintiffs allege that social media companies design their platforms to encourage excessive use, fail to protect younger users from age-inappropriate content and inadequately moderate content that can lead to serious emotional distress,” Smith told Drugwatch. 

Parents are suing for conditions like anxiety, self-harm, eating disorders and suicidal ideations in young adults or teens. 

“Claims often involve a range of psychological, emotional and even physical injuries,” added Smith. “Harassment or bullying via social media can lead to documented emotional distress.”

Similar to social media lawsuits, video game lawsuits claim that companies design their games to be addictive to children. The World Health Organization even recognizes gaming disorder as a condition. 

Plaintiffs say gaming companies “developed and sold video games and related products with psychologically addictive features” to hook kids. Games named in lawsuits include Call of Duty, Fortnite, Minecraft and Roblox. 

This litigation is new and still developing. It’s estimated that the number of lawsuits could reach 10,000.

Ultra-processed foods lawsuits link highly industrialized foods to chronic diseases in children, including type 2 diabetes and fatty liver. Also known as UPFs, these foods typically have large amounts of salt, sugar, artificial colors or additives. 

UPFs are produced to be convenient and hyper-palatable. They’re also known to be extremely profitable for food companies. 

Companies like Coca-Cola, Nestle, Kraft Heinz and General Mills are targeted in one of the first UPF lawsuits filed by Bryce Martinez. Martinez claimed he developed Type 2 diabetes when he was 16 years old because he consumed UPFs. 

His lawsuit claims that “scores of high-quality human studies have demonstrated that UPF significantly increases the risks of obesity, Type 2 Diabetes, non-alcoholic fatty liver disease, and other serious illnesses.”

It’s important to speak with a doctor and hold onto all diagnostic or treatment records if your child was harmed by any of the products listed above.

You should speak to an attorney immediately to preserve your right to file a lawsuit on behalf of your child if you’d like to pursue legal action.

Speak With a Doctor and an Attorney

If your child develops health problems or shows signs of addiction after using potentially harmful products, talk to their doctor and share your concerns. Their health care provider can make a diagnosis and provide treatment options. 

Once you’ve spoken with a doctor, consulting with a legal team experienced in child product liability can help determine if you have legal grounds to file a lawsuit.

Keep Medical & Exposure Records

Compile medical documentation like diagnosis notes, medication receipts and prescription records. If your child had therapy for mental health conditions related to social media or video game addiction, be sure to keep those records as well. 

Holding onto any written information your doctor provides can also be helpful.

Exposure records could include photos, product packaging or receipts you received when purchasing the product.

If you aren’t sure what evidence you need, your attorney can help. 

Act Within the Legal Window

Speaking to an attorney immediately is crucial because every state has a statute of limitations that restricts how much time you have to file a lawsuit. This varies by state and could be as little as one year, depending on the nature of your child’s injury. 

Additionally, parents are required to file lawsuits on behalf of their children since minors cannot file on their own.