The devastating impact of necrotizing enterocolitis (NEC) on premature infants has led to a surge in NEC baby formula lawsuits against major baby formula manufacturers. These lawsuits are brought by families whose babies developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formulas, such as Similac and Enfamil.
NEC is a severe intestinal disease that predominantly affects premature and low birth-weight babies, often resulting in life-threatening complications or even death. As these lawsuits progress through the courts, many families are left wondering, “What is the average payout for the NEC lawsuit?”
There isn’t a set “average compensation amount” for an NEC baby formula lawsuit, but recent court cases have awarded millions to plaintiffs. In this blog post, we’ll explore the key facts about the NEC baby formula lawsuits, notable recent jury awards, and the types of compensation available.
If your child has suffered NEC or necrotizing enterocolitis 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.
Necrotizing Enterocolitis NEC and Infant Formula
Necrotizing enterocolitis (NEC) is a serious gastrointestinal condition that primarily affects premature and low birthweight infants. It occurs when the intestinal tissue becomes inflamed and begins to die, leading to a perforation in the intestinal wall, which can cause severe infections and other life-threatening complications.
The disease has been particularly linked to cow milk formulas like Similac and Enfamil, which are often fed to preterm infants in neonatal intensive care units (NICUs) when human milk is unavailable. Research suggests that feeding premature babies cow’s milk-based formula increases the risk of developing NEC compared to feeding them human breast milk.
A study conducted back in 1990 and published in The Lancet found that formula-fed preterm infants were 6 to 10 times more likely to develop NEC.
Another study published in the Journal of Pediatrics revealed similar results and found that premature babies fed with human milk-based formulas or breast milk were 90% less likely to develop NEC compared to those fed with cow milk-based formulas.
Another study conducted by Cochrane in 2019 revealed that premature infants fed a cow milk formula diet had seven times higher rates of developing NEC.
NEC Baby Formula Lawsuits
In response to this alarming connection, many families have filed NEC infant formula lawsuits against formula companies. These toxic baby formula lawsuits allege that companies like Abbott and Mead Johnson knew or should have known about the risks associated with their infant formulas but failed to provide sufficient warnings to healthcare providers and parents.
As a result, many premature infants who were fed these formulas have suffered severe health complications or even died from NEC, prompting an influx of NEC infant formula litigation. Both Abbot Laboratories Inc. (maker of Similac) and Mead Johnson Nutrition (maker of Enfamil) are facing lawsuits.
As of September 2024, there are 571 active baby formula lawsuits pending in multi-district litigation in the Northern District of Illinois. The first trial in the MDL is expected to take place in May 2025.
Notable Recent NEC Lawsuit Payouts
While each NEC lawsuit is unique, and outcomes can vary based on the specific facts of each case, there have been notable recent jury awards that shed light on the potential compensation available to affected families.
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. The jury found the company failed to adequately warn about the risks of NEC associated with its product.
This case was the first NEC failure-to-warn lawsuit to reach trial, setting a precedent in the ongoing litigation. Despite the plaintiffs’ lawyers initially seeking $25 million, the jury’s decision to award $60 million underscores the severity of the case and signals a landmark victory in the NEC litigation.
Types of Compensation in NEC Formula Lawsuits
Families pursuing NEC infant formula lawsuits can seek various types of compensation depending on the circumstances of their case. The primary goal of these lawsuits is to recover damages that reflect the financial and emotional toll of NEC on the child and their family.
Medical Expenses
Compensation in NEC lawsuits typically includes medical expenses, which cover the costs of hospital stays, surgeries, medications, and ongoing medical care needed for infants who develop necrotizing enterocolitis.
Given the severity of NEC and its long-term health implications, these costs can be substantial, particularly for families whose children require extensive medical intervention or have suffered permanent disabilities.
Pain and Suffering
In addition to medical expenses, families may also be entitled to compensation for pain and suffering, which acknowledges the emotional distress and trauma caused by the illness.
Wrongful Death Lawsuit
For families who have lost a child to NEC, wrongful death claims can provide compensation for the loss of companionship, funeral expenses, and other associated costs.
Punitive Damages
In some cases, punitive damages may also be awarded, particularly if it can be demonstrated that the baby formula manufacturers acted with gross negligence or willful disregard for the safety of infants. These punitive damages serve as a deterrent to prevent similar conduct in the future and to ensure that infant formula manufacturers prioritize the safety of their products.
Who Qualifies to File an NEC Baby Formula Lawsuit?
If your child developed necrotizing enterocolitis after being fed Enfamil or Similac 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.
Families interested in pursuing an NEC infant formula lawsuit should consult with experienced NEC baby formula lawyers who can assess their case and guide them through the legal process. These lawyers understand the complexities involved in proving liability and damages in toxic baby formula lawsuits.
With the right legal representation, families can hold baby formula makers accountable for the harm caused by their products and potentially receive compensation for their losses. Call our baby formula lawyers at Rueb Stoller Daniel today for a free case evaluation and take the first step toward justice.
Contact Rueb Stoller Daniel for a Free Consultation
The NEC lawsuits represent a critical legal battleground for families seeking justice for their premature infants who developed necrotizing enterocolitis after consuming cow’s milk-based formulas. While there is no guaranteed “average payout” for the NEC lawsuit, recent court cases have awarded millions to plaintiffs.
At Rueb Stoller Daniel, our NEC lawyers are committed to advocating for the rights of families impacted by toxic baby formulas. If you believe your child has suffered due to NEC caused by Similac or Enfamil formulas, contact us today to discuss your legal options and take the first step toward seeking the justice and compensation your family deserves.
Call 1-866-CALL-RSD or use our contact form to schedule your free consultation.
