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Neonatal Abstinence Syndrome Lawsuits NYC

Neonatal Abstinence Syndrome (NAS) refers to a group of medical complications that occur when a newborn withdraws from exposure to opioids or other addictive substances used during pregnancy. Alongside lawsuits brought by states and municipalities against opioid manufacturers for allegedly downplaying the risks of addiction, some parents of children diagnosed with NAS have pursued legal claims against pharmaceutical companies after their infants experienced withdrawal symptoms at birth.

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Daniel Wasserberg
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Mr. Wasserberg is proud to call himself a Trial Lawyer. He is often a featured speaker at industry summits and gatherings of the nation’s leading attorneys, from both sides of the bar. He is recognized by both his peers and his adversaries and is considered one of the nation’s premier mesothelioma and negligence attorneys

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What is Neonatal Abstinence Syndrome?

When a mother uses illicit substances like opioids during pregnancy, her child is at risk for many issues, including Neonatal Abstinence Syndrome. In addition to the difficulties of withdrawal after birth, babies with NAS often experience poor intrauterine growth, premature birth, seizures, and birth defects. Almost every drug a mother uses passes from her bloodstream through the placenta to the fetus, potentially causing addiction. At birth, the baby’s dependence on the substance continues, but their supply is cut off, so their central nervous system becomes overstimulated.

Symptoms of NAS vary based on the substance used, the last time it was used, and whether the baby is delivered at full term or prematurely. Heroin and other opiates, including methadone, can cause significant withdrawal in infants, with some symptoms lasting as long as six months. Withdrawal symptoms can begin as early as one to two days after birth or as late as five to ten days after birth.

Why Should I Hire a Neonatal Abstinence Syndrome Lawyer?

When pursuing legal action against major corporations like pharmaceutical companies that manufacture opioids, it’s crucial to work with a knowledgeable attorney. These types of claims are historically difficult to prove—a series of 2022 West Virginia lawsuits against several drug manufacturers, distributors, and pharmacies were dismissed after the court found that the mothers were the “sole proximate cause” of their infants’ injuries. However, the court also suggested that physicians who prescribed opioids during pregnancy and anyone who provided illegally obtained opioids to the mothers during pregnancy could be liable. If your child has experienced Neonatal Abstinence Syndrome, it is beneficial to hire an experienced attorney to help you navigate any potential legal claims against pharmaceutical companies, medical providers, or other liable parties. At Meirowitz & Wasserberg, our Neonatal Abstinence Syndrome lawyers will guide you and your family through the legal process and fight for compensation for your child’s injuries.

Do I Qualify for a Neonatal Abstinence Syndrome Lawsuit?

In recent years, states and local governments have pursued large-scale lawsuits against opioid manufacturers, distributors, and pharmacies to recover the costs of addressing the public health crisis caused by the opioid epidemic. While individuals who became addicted to opioids have generally faced challenges bringing successful claims against drug manufacturers, lawsuits involving infants with NAS raise different legal considerations. Because these children are innocent victims of prenatal opioid exposure, some parents may be able to explore legal action on their behalf.

Most opioid addiction and NAS lawsuits allege that drug companies were negligent in understating the addictive nature of their opioid drugs, since many initial labels for opioid products suggested a low risk of addiction. If you or a loved one used one of these products during pregnancy and your child was born with NAS, you may have cause to sue.

How Much Is an Opiate Lawsuit Payout?

The compensation available in an opioid-related lawsuit can vary widely depending on the facts of the case, including the severity of your child’s condition, the long-term medical needs involved, and other associated costs. The amount recovered may also differ based on whether the claim is pursued as part of a larger mass tort or as an individual lawsuit, and whether the case resolves through a settlement or a jury verdict.

How Long Does It Take To Settle a Neonatal Abstinence Syndrome Lawsuit?

A Neonatal Abstinence Syndrome lawsuit can take a few months to several years to resolve, depending on the case’s severity, long-term effects, medical costs, mass tort status, and whether it settles or goes to trial.

Frequently Asked Questions

In 2022, four of the largest U.S. corporations agreed to a $26 billion settlement for a large group of lawsuits that accused them of fueling the United States’s opioid crisis. Johnson & Johnson, which manufactured generic opioid medications, contributed $5 billion to the settlement, while three massive drug wholesalers (AmerisourceBergen, Cardinal Health, and McKesson) paid a combined $21 billion.

Purdue Pharma, the pharmaceutical company that manufactures OxyContin, a commonly used prescription opiate, also reached a settlement regarding the opioid crisis. In June 2025, all 50 states approved a $7.4 billion settlement with the company over its improper marketing of opioids.

Some drugs are more likely to cause Neonatal Abstinence Syndrome than others. NAS is most commonly associated with opioid use, but it can be complicated by intrauterine exposure to other drugs. Opiates like heroin, fentanyl, oxycodone, hydrocodone, morphine, suboxone, and methadone cause withdrawal in about half of babies exposed prenatally.

There is significant long-term neurodevelopmental morbidity and mortality among babies with Neonatal Abstinence Syndrome. A newborn diagnosed with NAS will spend an average of 20 days in the hospital after birth, but in some cases, treatment for NAS lasts up to six months.

Contact Meirowitz & Wasserberg Today

At Meirowitz & Wasserberg, our birth injury and medical malpractice attorneys in New York City work tirelessly to help families struggling with Neonatal Abstinence Syndrome receive justice and compensation. Our firm is built on the principles of personalized client care and an aggressive litigation strategy, and we have the resources and knowledge to stand up to large pharmaceutical corporations that prioritized profit over public safety. Over the years, Meirowitz & Wasserberg’s nationally recognized trial attorneys have recovered more than $500 million in settlements and verdicts for injured people and their families. To learn more about your legal rights and options if your baby was diagnosed with NAS, contact us today for a free consultation.
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