Infant Formula and NEC Lawsuit (2023 Update)

Has your baby developed NEC (necrotizing enterocolitis)?

If your infant was fed baby formula—specifically Enfamil or Similac baby formulas—you might be entitled to financial compensation from the baby formula manufacturers. Official complaints against Mead Johnson & Company and Abbott Laboratories say that these manufacturers knew about the risk their contaminated baby formula products posed regarding NEC and did not act accordingly.

Illinois lawyers are working hard on this mass tort case regarding NEC baby formula. We want to hold these companies responsible for the financial loss, emotional distress, and other damages sustained by families who were affected by NEC after using their products.

Do you think you have grounds to file a toxic baby formula NEC lawsuit? Speak with our team of baby formula lawyers to see if you are qualified to be among those filing product liability lawsuits.

What is Necrotizing Enterocolitis — NEC?

Necrotizing enterocolitis—also known as NEC—is a dangerous condition affecting formula-fed babies more often than those fed primarily with their mother’s breast milk. Inflammation in the lining of the intestines causes the intestinal tissue to die, fall off, and leave perforations in the lining. Bacteria travel through the holes created, leading to infections, organ failure, and possibly death in severe cases.

What Are the Symptoms of NEC?

In most cases, NEC symptoms start to display between two and six weeks following birth.

Symptoms of the condition include:

• Swelling and pain in the abdominal area
• Elevated blood pressure and/or heart rate
• Bloody stool
• Diarrhea
• Loss of appetite or energy
• Fever
• Vomiting

Since NEC can develop and progress quickly, parents must watch for these symptoms and seek treatment for their premature baby as soon as possible.

Who is at Increased Risk of NEC?

Roughly one in 1,000 premature infants are affected by NEC, and approximately 40% of NEC cases are fatal.

Infants that are most susceptible to contracting NEC are those that:

• Were born before the 37-week gestation mark
• Were fed through a stomach tube
• Weighed less than 5.5 lbs.
• Had a congenital heart issue at birth
• Had low oxygen levels when born
• Were fed milk-based baby formula

When a baby or infant is born early, the risk of the premature infant developing NEC is higher. This could be related to the underdeveloped digestive system of premature babies or their poor immune response.

Is NEC Treatable?

If NEC is caught and diagnosed fast, it can be treated with a higher recovery rate. Bowel rest with a feeding tube is a standard treatment, along with antibiotics. However, if the tissue in the intestines has died already, emergency surgery may be necessary.

Infants who recover from NEC often suffer from residual conditions like bowel obstruction, short bowel syndrome, developmental delays, and anemia.

Link Between NEC and Cow Milk Formulas

Medical research has shown a link between cow milk formula consumption and NEC development—particularly in cases with premature babies who are formula-feeding.

Studies have concluded that preterm infants fed cow’s milk-based formula (or human milk fortifiers containing cow’s milk products) are several times more likely to develop NEC than those fed only human breast milk.

It’s believed that the bacteria in cow’s milk interacts with the intestines in a way that causes infection, but the exact cause of the confirmed link between NEC and cow milk-based formula is still unknown.

Formula Manufacturers Implicated in NEC Baby Formula Lawsuit

Only Mead Johnson & Company and Abbott Laboratories—the manufacturers of Similac and Enfamil infant formulas—are currently being targeted in NEC infant formula litigation.

Some of the variations of the Abbott and Mead Johnson infant formula products being called into question in these Enfamil lawsuits and Similac lawsuits include:

• Similac Concentrated Liquid
• Enfamil Baby Formulas – Premature Infant
• Similac Formulas – Special Care
• Enfamil or Similac Human Milk Fortifier
• Liquid Protein Fortifiers

While the exact science behind the causation between cow milk-based formulas and the development of NEC in premature infants is incomplete, the link is verified by multiple studies, and the risk is confirmed to be present.

Complaints allege that the two companies knew the NEC risks associated with premature infants who consume formula products and failed to give an adequate warning on the product labels to inform parents.

NEC Formula Lawsuits Against Hospitals Where Premature Babies Fed Toxic Baby Formulas

The NEC lawsuits are under Multidistrict Litigation (MDL) due to the complaints raised in multiple jurisdictions across the country. Some NEC infant formula lawsuits, however, have been removed from the MDL. Since medical providers like local hospitals are being blamed for infants being fed Similac or Enfamil formula, these medical malpractice lawsuits have been moved to the state courts.

2023 Similac and Enfamil Update

There have been no trials or settlements regarding the Similac and Enfamil toxic baby formula NEC lawsuits, which currently include 157 cases in the MDL. The plaintiff’s lawyers have submitted a proposed trial schedule to the judge, with discovery expected to continue until December 2023.

Once discovery is complete, the first bellwether test trials may begin in early 2024, as plaintiffs and defendants select cases to serve as bellwether trials.

How NEC Baby Formula Lawyers Can Help

If you have a potential baby formula lawsuit, you should consider contacting a lawyer who can assist you with the process. The truth is that the defendants, in this case, will most certainly have a highly experienced legal team representing them. That’s why you need the knowledge and skill of a talented team of lawyers on your side familiar with this mass tort case.

Plaintiffs who enlist the help of lawyers are known to receive both quicker and higher settlements in civil lawsuits, and our toxic baby formula lawyers are ready to work hard for maximum compensation.

Reach out today for a free case review and find out your options for filing your toxic baby formula NEC lawsuit.

FAQ: NEC Baby Formula Lawsuits

Has anyone won NEC lawsuits?

The NEC baby formula lawsuits against Similac and Enfamil manufacturers have yet to conclude, and no settlements have been reached. The court, the plaintiff, and the defendants will choose cases for bellwether test trials by the end of November 2022. These trials will pave the way for similar results in all Similac and Enfamil baby formula lawsuits against the defendants.

How much are parents getting for NEC lawsuits?

The estimated settlement awards for each NEC infant formula lawsuit will be more apparent once the bellwether trials conclude.

Damages claimed in these Enfamil and Similac baby formula lawsuits could include the following:

• Medical bills
• Financial losses associated with the NEC diagnosis
• Emotional distress
• Pain and suffering

In severe cases where the infant died from necrotizing enterocolitis— NEC—or suffered great physical pain or disability due to the condition, settlements are expected to be much higher. It’s even possible that punitive damages will be awarded in cases where severe negligence is proven.

When should I file my toxic baby formula lawsuit?

Filing baby formula lawsuits as soon as possible after the incident is crucial. Illinois law has a two-year statute of limitations for civil lawsuits like these infant formula lawsuits. This means that no legal action may be taken against the defendants once two years have passed.

However, exceptions sometimes allow the court to waive the statute of limitations, so speaking with a knowledgeable attorney is recommended.

If you still have questions, contact our team today for a consultation to get the answers you need.