NEC Baby Formula Lawsuit
NEC Baby Formula Lawsuit
Parents of premature infants diagnosed with necrotizing enterocolitis (NEC) after using toxic baby formulas may be eligible to file a lawsuit. Several Similac and Enfamil formulas are cited in NEC lawsuits. In March 2024, an Illinois jury awarded $60 million to mothers whose infants died from NEC after using Enfamil.
Latest NEC Baby Formula Lawsuit Updates
As of September 2024, there were 571 necrotizing enterocolitis baby formula lawsuits pending in multidistrict litigation. MDL 3026 is before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois.
There have been no approved settlements or jury verdicts in the Illinois MDL which contains mostly Similac and Enfamil lawsuits, but a state court case in Illinois ended in a $60 million plaintiff’s verdict in March 2024. Another state court case in Missouri ended in a $496 million plaintiff’s verdict in July 2024.
Judge Pallmeyer has also set the tentative start for the first MDL bellwether trial for May 2025.
Through our research of court documents and discussing these lawsuits with our legal partners, we’ll continue to provide updates and inform you of key moments in this litigation.
Baby Formula Litigation Timeline
There is also a separate class action MDL 3037 that we’ve found in Illinois for Abbott’s recalled infant formulas. This litigation is unrelated to the NEC formula lawsuits.
The two big plaintiffs’ verdicts we’ve seen in March and July 2024 will likely affect the litigation and bode well for plaintiffs. Brandan Smith, a mass torts and product liability lawyer with Simmons Hanly Conroy, told Drugwatch these verdicts wins for plaintiffs.
“Considerable jury verdicts can significantly impact the litigation as a whole by setting legal precedents, influencing the strategies of both plaintiffs and defendants, and encouraging settlements,” Smith said.
Who Qualifies to File an NEC Baby Formula Lawsuit?
Our legal partners have informed us that parents and legal guardians who had a premature or low birth weight infant diagnosed with NEC after being fed cow’s milk baby formulas may qualify to file an NEC lawsuit.
You may file a lawsuit even years after your child was diagnosed with NEC. There are time limits called statutes of limitations, however. Only an attorney can tell you what the time limit is for you, so we recommend you contact an attorney right away to preserve your right to file a claim.
You may qualify to file an Enfamil or Similac lawsuit if:
- Your child developed necrotizing enterocolitis (NEC)
- Your child consumed formula that contained cow’s milk protein
- Your child was born prematurely or with a low birth weight
Your baby may have been fed Similac or Enfamil in the hospital. If you are unsure, your baby formula lawyer may be able to help you find out. Make sure you provide the name of the hospital and the hospital’s location.
After your baby was discharged from the hospital, you may have fed your baby a Similac or Enfamil formula product. NEC baby formula lawyers encourage parents to keep any receipts, proof of purchase, packaging or boxes from the formula for evidence in their potential baby formula lawsuit.
Finding an NEC Baby Formula Lawyer
The easiest way to find a baby formula lawyer is to click on our free case evaluation link on this page. You’ll be connected with our legal partners who are award-winning lawyers with extensive experience in complex litigation like baby formula lawsuits. They have been fighting against negligent corporations for many years on behalf of their clients and have track records of recovering billions of dollars in compensation.
Deciding who will represent you is an important decision. We recommend finding an NEC baby formula lawyer who has experience handling mass torts, which are large litigations for hundreds or thousands of claimants. These torts are typically against large corporations with big legal teams of their own, such as Mead Johnson and Abbott in this litigation.
Baby formula lawsuits are complex and could involve a lot of complicated science and law. Lawyers with extensive experience in large injury litigations are equipped to gather the proper evidence and prove their client’s case before a judge or jury. It’s also helpful to find an NEC baby formula lawyer who works with a firm that has a track record of settling cases and getting jury verdicts.
Why Are People Filing Baby Formula Lawsuits?
Parents have begun filing NEC lawsuits against baby formula manufacturers Mead Johnson and Abbott for failure to warn consumers about the risk of necrotizing enterocolitis, or NEC, linked to their cow’s milk baby formulas. Studies have shown that some premature babies who are fed certain Similac, Enfamil and other cow’s milk formulas are at higher risk of developing NEC, which is a rare intestinal disorder.
We’ve heard from parents and grandparents who have told us their tragic stories about an infant who suffered from NEC. The experiences they have been through are heartbreaking. In many cases, parents have told us they filed a lawsuit to hold baby formula makers accountable and deter them from future negligent behavior.
NEC baby formula lawsuits state that Abbott and Mead Johnson should have warned about the risk of NEC linked to Similac and Enfamil but continued to market these products as safe. NEC is rare, but it is serious and can be deadly for low birth weight and preterm infants.
Marie Smith filed her lawsuit against Mead Johnson and Abbott Laboratories after her premature infant, Amirea, died from NEC after just two weeks of life. Smith keeps her daughter’s baby blanket and clothes to remember her. While she doesn’t think a jury verdict will bring her daughter back, she hopes to spread awareness and spare another family the same fate.
“This is a feeling I would not wish on anyone… I feel like people have been lied to,” she told NBC affiliate KARE 11.
The Dangers of NEC
NEC, or necrotizing enterocolitis, is a gastrointestinal disease that affects infants, but more specifically, low birth weight and preterm infants. Babies with this disease may suffer from infections, intestinal perforation and other serious medical problems. NEC symptoms often start with feeding intolerance and may progress to systemic sepsis.
Sometimes, babies must undergo surgery to remove parts of their intestinal tract, leading to other life-long issues. Tragically, NEC may also lead to an infant’s death in up to 30% of cases, according to studies cited in lawsuits.
Preterm babies often receive popular cow’s milk formulas such as Enfamil and Similac in the hospital NICU to help them develop and grow. Parents may even take their babies home with the formula. However, studies have shown that cow’s milk baby formula increases the risk of NEC in preterm and low birth weight infants.
NEC Claims in Baby Formula Lawsuits
No Warnings
No warnings about the risk of NEC or death
Defendants knew or should have known their products were not safe for preemies
Defendants designed misleading marketing to convince doctors and parents of safety
NEC and Preterm Infants
Advanced cases of NEC may lead to surgery and even death
NEC is more common in preterm infants fed cow’s milk formula versus breast milk
Alternatives to cow’s milk fortifiers and formulas exist
NEC Studies
1990: NEC is six to 10 times more common in exclusively formula-fed preemies
2009: Preemies on human milk-based 90% less likely to develop surgical NEC
2014: Up to 30% of preterm infants will die from NEC
Cow’s Milk Baby Formula Brands
Enfamil and Similac cow’s milk baby formulas are the main brands included in lawsuits, but other manufacturers also make cow’s milk formulas that could have led to NEC. Premature babies fed baby formula were at a significantly higher risk of developing NEC than those fed human milk exclusively, according to an observational study published in Neonatology.
Another study published in The Journal of Pediatrics found the risks of developing NEC were lower in breastfed babies than in those fed a combination of mother’s milk and infant formula.
Baby formula brands mentioned in NEC lawsuits include:
- Avacare
- Baby’s Only
- Bobbie
- Earth’s Best
- Enfamil
- Gerber
- Happy Baby
- Holle
- Lebenswert
- Loulouka
- Kendamil
- Parent’s Choice
- PediaSure
- Similac
Mead Johnson and Abbott Laboratories products Enfamil and Similac have no warnings about NEC as a side effect of baby formula or proper instructions or guidelines for their use, according to parents who filed a Similac lawsuit or Enfamil lawsuit. The companies also marketed their products as safe and beneficial for premature infants despite the potential risks.
Parents are suing for extensive financial losses and emotional distress related to their baby’s injuries or death.
Have Enfamil and Similac Formulas Been Recalled?
Enfamil and Similac have not been recalled for the link between baby formula and NEC. But there have been isolated store recalls as a result of product tampering and there was a February 2022 recall for potential bacterial infection.
The tampering incident came to light when a few mothers reported that their Enfamil products contained flour instead of formula. In another incident, babies got sick and some died after drinking Enfamil which reportedly caused bacterial infections. The FDA tested the formula and declared it safe.
In February 2022, Abbott Nutrition issued a baby formula recall for certain lots of Similac, EleCare and Alimentum manufactured at its Sturgis, Michigan, facility after four babies suffered Cronobacter sakazakii infections and one baby became infected with Salmonella Newport. Two of the babies died.
The FDA released a preliminary inspection report in March 2022 that said that Abbott didn’t have “a system of process controls” in place to “ensure that infant formula does not become adulterated due to the presence of microorganisms.”
In June 2022, the FDA received an additional report of an infant death that could be related to bacterial contamination. The same month, Abbott’s Sturgis plant reopened to help ease the baby formula shortage caused in part by the recall.
