The recent surge in NEC baby formula lawsuits has brought to light the potential dangers associated with certain baby formulas, especially those made with cow’s milk. Families of premature infants who have developed necrotizing enterocolitis (NEC) after consuming these formulas are seeking justice through legal actions against the manufacturers.
These lawsuits allege that companies like Abbott and Mead Johnson, the makers of Similac and Enfamil, failed to adequately warn consumers about the risks of NEC associated with their products.
At Rueb Stoller Daniel, our lawyers are here to answer your questions and help you understand your legal rights. This guide addresses frequently asked questions, including what necrotizing enterocolitis (NEC) is, who qualifies to file a toxic baby food lawsuit, and what compensation families can recover in an NEC baby formula lawsuit.
If your infant developed NEC after being fed Similac or Enfamil formula, our lawyers are here to help your family seek justice. Contact Rueb Stoller Daniel today for a free consultation.
What is Necrotizing Enterocolitis (NEC)?
Necrotizing enterocolitis (NEC) is a serious gastrointestinal disease that predominantly affects premature babies. It occurs when the lining of the intestinal wall becomes inflamed, leading to the death of intestinal tissue. In severe cases, this can result in a perforation of the intestine, allowing bacteria to leak into the abdomen or bloodstream, causing potentially life-threatening infections.
Symptoms of NEC include bloating, vomiting, bloody stools, lethargy, and a sudden drop in heart rate or blood pressure. The condition can develop rapidly, often within a few weeks of birth, and requires immediate medical intervention, which may include surgery to remove the damaged portions of the intestine.
The cause of NEC is not entirely understood, but it is known that premature infants, who have underdeveloped immune systems and gastrointestinal tracts, are particularly vulnerable. Research suggests that certain feeding practices, especially the use of cow’s milk-based formulas instead of human breast milk, may increase the risk of a premature infant developing NEC.
This is why understanding the link between cow’s milk baby formula and NEC is crucial for parents and caregivers of premature babies.
How Is Baby Formula Connected to NEC?
Studies have shown that feeding premature babies cow’s milk baby formula can significantly increase their risk of developing NEC compared to those who are fed human milk.
Cow’s milk-based formulas, such as those produced by Similac and Enfamil, lack the natural antibodies and nutrients found in human breast milk that help protect a baby’s immature digestive system. Premature infants who are fed human milk exclusively have a lower incidence of NEC, suggesting a protective effect that is absent in cow’s milk baby formula.
The link between cow’s milk baby formula and NEC has been highlighted in numerous medical studies, which have found that premature infants fed formulas made from cow’s milk are substantially more likely to develop necrotizing enterocolitis than breastfed babies.
This increased risk has led to numerous toxic baby formula lawsuits against baby formula manufacturers, including Similac and Enfamil lawsuits, alleging that they failed to warn parents and healthcare providers about the dangers associated with their products. Families affected by NEC are now holding these companies accountable for the harm caused to their babies.
What Baby Formula Brands Are Included in the NEC Lawsuits?
The NEC baby formula lawsuits primarily target major baby formula brands known for their cow’s milk-based products. The two most prominent brands involved in these lawsuits are Similac, manufactured by Abbott Laboratories, and Enfamil, manufactured by Mead Johnson Nutrition. Both companies produce a range of infant formulas that have been widely used in neonatal intensive care units (NICUs) and by parents at home for feeding premature infants.
Similac NEC Lawsuit
The NEC baby formula lawyers at Rueb Stoller Daniel are evaluating cases against Abbot Laboratories Inc. (maker of Similac. The cow milk-based products for Similac include:
- Similac Special Care 20
- Similac Special Care 24
- Similac Special Care 30
- Similac NeoSure
- Similac Liquid Protein Fortifier
- Similac Alimentum Expert Care
- Similac Special Care 24 High Protein
Enfamil Baby Formulas
Our dedicated baby formula lawyers are also evaluating cases against Mead Johnson Nutrition (makers of Enfamil) for parents who have babies with NEC. Specific cow milk-based Enfamil products include:
- Enfamil NeuroPro EnfaCare Infant Formula
- Enfamil 24 Cal Infant Formula
- Enfamil Premature Infant Formula 24 Call with Iron
- Enfamil Premature Infant Formula 24 Cal High Protein
- Enfamil Premature Infant Formula 30 Cal with Iron
These formulas include products specifically marketed for premature babies, such as Enfamil Premature Infant Formula and Similac Neosure, which are designed to provide extra calories and nutrients but still contain cow’s milk as a primary ingredient.
The NEC formula lawsuits allege that companies failed to provide adequate warnings about the increased risk of necrotizing enterocolitis (NEC) associated with their products, leading to severe health complications, including infant death related to NEC.
As more families come forward with their experiences, the list of baby formula brands mentioned in the lawsuits may expand, potentially including additional manufacturers.
Who Qualifies for a Toxic Baby Formula Lawsuit?
If your child developed necrotizing enterocolitis after being fed Similac or Enfamil infant formula, you may qualify to file an NEC baby formula lawsuit. It is crucial to have medical records that indicate the use of these specific formulas and the subsequent diagnosis of NEC, as this evidence forms the foundation of a toxic baby formula lawsuit.
These cases often involve premature babies who were born before 37 weeks of gestation and were fed toxic baby formulas either in the hospital or at home. Parents and guardians of premature infants diagnosed with NEC may be eligible to file a lawsuit against the formula manufacturers.
When considering filing an NEC lawsuit, it is important to have thorough medical and feeding records to support your claim. These records should document the infant’s diagnosis of NEC, the type of baby formula fed, and the timeline of NEC symptoms.
Families who suspect that a child developed NEC due to toxic baby formulas should contact our law firm for a free case evaluation. Our lawyers can evaluate your case and guide you through the legal process.
What Compensation Can I Get in a Toxic Baby Food Lawsuit?
Families who file toxic baby food lawsuits may be eligible to recover various types of compensation.
Medical Expenses
Compensation in an NEC baby formula lawsuit typically covers medical expenses related to the treatment of NEC, including hospitalization, surgery, medications, and ongoing care for infants who suffer long-term health complications.
Pain and Suffering
Families may also be entitled to compensation for pain and suffering, which acknowledges the emotional distress and trauma caused by the illness.
Wrongful Death
In cases where an infant has died as a result of NEC, compensation may also include funeral expenses and damages for wrongful death, such as loss of companionship and emotional suffering.
Punitive Damages
In addition to compensatory damages, plaintiffs in baby formula lawsuits may also seek punitive damages. These are usually awarded in cases where it can be demonstrated that manufacturers acted with gross negligence or willful disregard for safety, such as knowingly marketing a dangerous product without adequate warnings.
The purpose of punitive damages is to punish the defendant and deter similar conduct in the future.
What Is the Average Payout for NEC Baby Formula Lawsuits?
The total amount of compensation in a baby formula lawsuit can vary significantly based on factors like the severity of the infant’s condition, the costs of medical treatment, and other factors. There isn’t a set “average compensation amount” for an NEC baby formula lawsuit, but recent court cases have awarded millions to plaintiffs.
In July 2024, a Missouri jury awarded $495 million in damages to the family of a baby girl who developed Necrotizing enterocolitis (NEC) after consuming Abbott Laboratories’ specialized formula for premature infants. The award includes $95 million in compensatory damages and $400 million in punitive damages.
In March 2024, an Illinois state court ordered Mead Johnson, a subsidiary of Reckitt Benckiser, to pay $60 million to the mother of a premature baby who died after being given Enfamil formula.
Is There a Deadline to File an NEC Lawsuit?
Yes, there is a deadline to file baby formula lawsuits, known as the statute of limitations. The statute of limitations varies by state. For Similac and Enfamil lawsuits, this period generally begins when the injury or harm is discovered, or should have been discovered, by the parents or guardians of the affected infant. In most states, the statute of limitations for personal injury claims related to defective products, like baby formulas, ranges from one to six years.
However, it is crucial to act quickly if you suspect your child developed NEC due to baby formula. Delaying legal action can result in the loss of your right to pursue compensation. It is recommended to consult with a lawyer as soon as possible to ensure that your claim is filed by the deadline.
How Can a Lawyer Help with a Toxic Baby Formula Lawsuit?
An experienced toxic baby formula lawyer can provide invaluable assistance in navigating the complexities of an NEC baby formula lawsuit. At Rueb Stoller Daniel, our team of legal professionals understands the profound impact that necrotizing enterocolitis can have on families, and we are dedicated to helping you seek justice.
Our lawyers will thoroughly investigate your case, gather and review medical and feeding records, consult with medical experts, and build a strong case against the formula manufacturers.
Your attorney can explain if you may qualify to join a class action lawsuit or ongoing multi-district litigation (MDL), such as the MDL cases consolidated in the US District Court of the Northern District of Illinois.
If your case goes to trial, a lawyer will represent you in court, fighting to hold the baby formula manufacturers accountable for the harm caused by their products. At Rueb Stoller Daniel, we are committed to supporting families through every step of the legal process, providing compassionate guidance and aggressive advocacy to achieve the best possible outcome.
Contact Rueb Stoller Daniel for a Free Consultation Today
If your premature baby was diagnosed with necrotizing enterocolitis after being fed Similac or Enfamil formulas, you may have a viable toxic baby formula lawsuit. Understanding the risks associated with cow’s milk baby formulas and the legal options available to you is crucial in seeking justice for your child.
At Rueb Stoller Daniel, our lawyers are here to answer your questions, assess your case, and help you take action against negligent baby formula manufacturers. Contact us today to schedule a free consultation and learn more about how we can help you and your family.
