New Pending Lawsuits Against Neocate Formula and Dangerously Low Phosphate Levels

Earlier this year a father was being accused of of child abuse by Child Protective Services. They alleged that between December 2017 and January 2018, his sustained unexplained broken bones including a fractured femur and wrist. The boy’s father claims no abuse had taken place, and that he had been caring for his 10 year old son for years since his mother left.

The boy has cerebral palsy and a number of other medical problems. He uses a wheelchair, is non verbal, but very happy. He also uses a feeding tube and has been prescribed an amino based acid food called Neocate Formula. He consumes nothing but this dietary food supplement. As CPS was looking into the case, the boy’s father remained determined to find out the real reason why his son was experiencing sporadic fractures. Eventually he discovered a link in legal advertising which described the potential for unexplainable broken bones, sprains, or fractures while taking Neocate Formula. Upon further testing, it was discovered that the boy also had hypophosphatemia, a disorder that results in dangerously low phosphate levels which can cause broken bones, fractures, and rickets.  The father went immediately to CPS and explained that the injuries were the probable result of the low phosphate levels.

This case is not unique. Throughout the U.S. there are parents who have been wrongfully accused of child abuse after their child suffered broken bones while taking Neocate Formula. In this case, the investigation was closed and accusations against the father were dropped.

The father has since contacted a Neocate Formula lawyer who is investigating the child’s broken bones that could be related to the use of dietary food.

The Link Between Neocate Formula and Hypophosphatemia

Neocate Formula is a range of amino based acid formulas. For years doctors have been prescribing it to infants and children who cannot tolerate dairy or soy based formulas.

The link between the use of Neocate Formula and hypophosphatemic, rickets, and unexplained broken bones or fractures was published in the April 2017 issue of Bone; a leading medical journal. The study described several cases that involved 51 children and infants who has been diagnosed with sudden hypophosphatemia that could not be explained. X rays of 94% of all  the 51 children displayed fractures, rickets, or undermineralization. The majority of the study’s participants had been eating a diet consisting only of Neocate Formula. When the children changed formulas or were provided with supplemental phosphate, their health improved.

The manufacturer of Neocate Formula, Nutricia, says that the Bone study represented only a minute fraction of patients who take the dietary food supplement. They continued to say that most of these children have other unique medical conditions. A spokesperson has said that Nutricia has assembled a panel of experts who  are reviewing the issue. They have also issued recommended guidance to medical doctors regarding the need for extra monitoring of patients who are taking Neocate Formula. The company will also be launching a new formula that contains soluble phosphate.

Neocate Formula Lawsuits

Has your child been prescribed Neocate Formula, and has suffered from broken bones, fractures, rickets, or dangerously low phosphate levels? If so, you may be entitled to monetary compensation. To learn more, please call The Higgins Firm for a complimentary case review.

 

Author Bio

Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.

Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.

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