Client: The Martinez Family
Category: Product Liability
Start Date: August 15
End Date: May 30
Tag: NEC, Premature Infants
Budgets: $95,000.00 USD
Baby Sofia Martinez died from necrotizing enterocolitis after being fed cow’s milk-based formula in the NICU against WHO guidelines.
The Medical Failure
Despite the mother providing breastmilk, staff used formula for “convenience,” leading to:
- Bowel perforation
- Septic shock
- Multiple organ failure
Hospital Defenses
- Claimed NEC is a risk of prematurity
- Argued they followed standard protocols
- Blamed unpredictable complications
Our Case
Feeding Logs: Showing protocol violations
Expert Testimony: About NEC prevention
Manufacturer Documents: Discussing risks
Pathology Reports: Confirming diagnosis
Resolution
$4.5 million settlement with hospital and formula maker, plus policy changes to prioritize human milk in NICUs.
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