NEC Baby Formula Lawsuit
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- Last Modified:
- July 21, 2023
Some baby formulas have been linked to NEC in premature babies, resulting in lawsuits being filed against the manufactures. NEC is a rare intestinal disorder that can cause death, or other long-term or permanent complications. One of every 3 babies with NEC will develop intestinal strictures.
Premature babies have been especially affected because they are often given cow based formula instead of breastmilk. Medical research has linked cow milk-based infant formulas such as Similac and Enfamil, to a dangerous neonatal medical condition known as necrotizing enterocolitis or NEC. Those affected have begun to file lawsuits against the manufacturers, Mead Johnson and Abbott for failing to warn consumers. The lawsuits allege that Abbott and Mead had a duty to warn about the risks of NEC and their baby formula products but deliberately failed to include any such warning while continuing to market their products as safe.
Find out if you have a case with our free case evaluation form. Our lawyers will help determine if you’re eligible to file a baby formula lawsuit, and help you build a strong case to recover compensation for damages.
Who is eligible to file a baby formula lawsuit?
In order to be eligible to file a baby formula lawsuit, the following criteria must be met:
- Your infant must have been born prematurely
- Your premature infant received Similac or Enfamil while in the hospital
- Your premature infant must have received a diagnosis of: necrotizing enterocolitis (NEC), sepsis, meningitis, bowel amputation, bacterial infection, bloody stool, abnormal bleeding, shortness of breath, fatigue, salmonella or death.
Timeline of NEC Baby Formula updates
April 19, 2022 NEC Update – There are 122 NEC lawsuits pending in the class action in Illinois.
July 27, 2022 NEC Update – New Study Underscores Plaintiffs’ Claim for a Warning
NEC remains one of the leading causes of death among premature infants according to a new medical study recently published in the journal JAMA Pediatrics. The study concluded that premature babies diagnosed with NEC increased their chances of dying by a factor of 7. Even for those infants who survive NEC, however, the study found that a majority face permanent disabilities and prolonged medical care.
July 19, 2022 NEC Update (AAP) – As concerns and lawsuits continue to grow around the link between NEC and bovine infant formula, the American Academy of Pediatrics (AAP) has issued new guidelines that recommend that parents avoid infant formula entirely for new babies. The new guidance urges hospitals to stop allowing the promotion of infant formula products and focus on emphasizing breastfeeding instead.
March 31, 2022 NEC Update – A new study shows that 95% of the U.S. Dietary Guidelines Advisory Committee had conflicting interests with the food and pharmaceutical industries. Seven companies were singled out including Abbott and Mead Johnson.
April 1, 2023 NEC Update – A study from Emory University suggests that African-American infants born prematurely are more likely to suffer from necrotizing enterocolitis (NEC) and die from it than white infants.
April 17, 2023 Update – There are 157 cases pending in the MDL. The first trials are expected to happen in 2024 in the NEC MDL.
Baby formula brands involved in the NEC Lawsuit
Even though there is research linking NEC to Similac and Enfamil, there have been no widespread withdrawals of the products related to the claims in the toxic baby formula lawsuits. There has only been a few isolated product recalls of product tampering at stores, and a February 2022 recall for potential bacterial infection.
Baby formula brands named in Similac and Enfamil lawsuits are as follows:
- Similac Special Care
- Similac Human Milk Fortifier
- Similac NeoSure
- Similac Alimentum
- Similac Alimentum Expert Care
- Similac Human Milk Fortifier Concentrated Liquid
- Similac Human Milk Fortifier Powder
- Similac Liquid Protein Fortifier
- Similac Special Care 20
- Similac Special Care 24
- Similac Special Care 24 High Protein
- Enfamil Human Milk Fortifier Acidified Liquid
- Enfamil Human Milk Fortifier Powder
- Similac Special Care 30
- Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
- Enfacare Powder
- Enfamil Human Milk Fortifier Liquid High Protein
- Enfamil Milk Fortifier Liquid Standard Protein
- Enfamil NeuroPro Enfacare
- Enfamil Premature 20 Cal
- Enfamil Premature 24 Cal
- Enfamil Premature 24 Cal/fl oz HP
- Enfamil Premature 30 Cal
- Enfamil 24 and DHA & ARA Supplement
Get started with a free consultation with one of our skilled Personal Injury Lawyers today.
How a baby formula lawyer can help with your case
The scope of this case may seem overwhelming, but for more than 40 years, the attorneys at Brown & Crouppen have devoted themselves to representing victims of personal injury, and, together, our team of highly qualified lawyers have more than 1,000 combined years of legal experience. Your attorney can review your claim and advise the best legal options available based on active litigation, precedent and the facts of your case when you are filing a lawsuit.
For questions about your eligibility or compensation, request a free case evaluation form or call 888-801-4813, and a member of our legal team will reach out to you regarding your case. And remember, there’s no upfront cost to you — if you don’t get paid, we don’t get paid.
Frequently asked questions
What baby formula companies have lawsuits against them?
The manufacturers, Mead Johnson and Abbott.
Am I eligible to file a NEC baby formula lawsuit?
You are eligible if your infant must have been born prematurely, if your premature infant received Similac or Enfamil while in the hospital, or if your premature infant must have received a diagnosis of: necrotizing enterocolitis (NEC), sepsis, meningitis, bowel amputation, bacterial infection, bloody stool, abnormal bleeding, shortness of breath, fatigue, salmonella or death.
What should I do if my child has developed an illness as a result of baby formula?
If your child becomes ill as a result of infant formula, you should:
- See a doctor
- Save what is left of the formula, nursery water, bottles, and other tools that were used to make the formula so that it can be analyzed
- Report the incident to your local Department of Health
- Save all written evidence of purchase such as receipts and checks
- Obtain names and phone numbers of all witnesses
- notify the infant formula seller of the purchase and the illness and make a note of the name and position of the person notified
- Consult a lawyer
Does my baby have to be diagnosed with NEC to file a claim?
No, your child does not have to have received an NEC diagnosis to have a valid product liability claim against the baby formula manufacturers of Similac and Enfamil. In addition to NEC, parents of a child who received Similac and Enfamil can seek compensation through a baby formula lawsuit for damages due to other illnesses, infection or wrongful death, due to any of the symptoms or side effects listed above.
What do I need in order to file a baby formula lawsuit?
To file a baby formula lawsuit, you should have medical records that include a diagnosis of necrotizing enterocolitis (NEC), sepsis, meningitis, bowel amputation, bacterial infection, bloody stool, abnormal bleeding, shortness of breath, fatigue, salmonella or death. Additionally, you should have a record of premature birth, and documentation that your infant received Similac or Enfamil while in the hospital.
How long do I have to file a claim?
Each state has its own statute of limitations for each type of lawsuit, which determines how much time you have to file a lawsuit from the date of the incident. Most U.S. states have a statute of limitation for product liability cases between 2 to 10 years, with the majority being two-year statutes.
In the case of a wrongful death lawsuit, the statute of limitations may be different than that of product liability cases. Generally, most states average a 2-year statute of limitations for this type of lawsuit. Those who wait longer than the deadline will not be able to file a successful claim.
How much money can I get from my baby formula case?
A majority of the NEC infant formula litigation is still in the beginning phases, so it is unclear how much these settlement amounts will be or when they can be expected to be paid. The compensation also depends on the damages plaintiffs are seeking.
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- Last Modified:
- July 21, 2023
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