Rosenfeld Injury Lawyers LLC Home
Products Liability Lawyers
Serving Clients Nationwide Over $250 Million Recovered for Our Clients Contact Us now For a Free Consultation
NEC Baby Formula Lawsuit
Every newborn's parent will see Similac or Enfamil brands repeatedly and for good reason. These companies spend millions of dollars on advertisements for these products. However, bovine milk formula may not be the best option for your baby, especially if they are premature.
Very premature infants should not be given cow milk-based products. Studies have shown that they are at a higher risk of developing necrotizing enterocolitis (NEC), a dangerous and life-threatening intestinal infection.
Did NEC injure your child after they were given Similac or Enfamil infant formula? If so, the personal injury attorneys at Rosenfeld Injury Lawyers, LLC can help you to file a baby formula lawsuit against the manufacturer to recover damages. Contact our product liability lawyers at (888) 424-5757 for a free case evaluation.
All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Premature infants (before 37 full weeks) fed bovine-based baby formula, such as Similac or Enfamil, are more likely to contract the bowel disease necrotizing enterocolitis (NEC).
Similac and Enfamil Formula Control Much of the Baby Formula Market
Parents often associate the product with the two dominant formula manufacturers. Similac and Enfamil control about 40% of the market for infant formula in the United States. Abbott and Mead Johnson make Enfamil.
This company was sold to a British firm in 2017 for $16.6 billion, showing exactly how valuable the product is to its owners.
Similac and Enfamil infant formula makers start early, giving parents free samples when the mother is pregnant and convincing them that infant formulas will make their lives far easier.
Cow Milk-Based Formulas
The exact cause of NEC is uncertain, but several scientific and clinical studies link cow's milk-based Enfamil and Similac baby formulas to an increased chance of a premature infant developing NEC.
The first study indicating a link between cow milk formulas and NEC was published in The Lancet in 1990, finding that formula-fed infants were ten times more likely to acquire the disease.
Studies indicate that bovine-based milk infant formulas cause the intestines of infants to become inflamed and produce too much bacteria, leading to NEC.
The product is still deemed safe for healthy full-term infants. However, it only takes one bad batch of the formula or contamination from a manufacturer worker who may have had an infection that can lead to serious consequences for your child.
According to the American College of Obstetricians and Gynecologists (ACOG), breastfeeding is preferred. However, if that is not possible, feed bovine-based formulas to premature infants instead of soy milk-based products.
Conducted Studies Determine Which Factors Increase the Chance of NEC in Infants
Studies have been conducted to determine which factors increase the likelihood of NEC in infants. Factors that can increase the risk of NEC include being premature, having a low birth weight, and having an immature digestive system.
In addition, consuming baby formula with higher protein concentrations has also been linked to an increased risk of NEC.
The type of formula can also play a role in the risk, with some studies suggesting that soy-based formulas may be less likely to cause NEC than milk-based formulas. Parents should talk to their pediatrician before choosing a formula for their infant.
Lack of Warning Label
Mead Johnson does not provide warning labels on their Enfamil product packaging. The manufacturer claims that the warning would be confusing and cause parents to stop buying Enfamil.
The FDA's website states that premature infants should not consume cow milk-based formula. However, it is easy for parents of infants to miss this warning if they purchase Enfamil at their local store and trust the company, seeing as the product does not have a specific warning label.
Nutritional Issues When a Baby Is Born Prematurely
Premature babies need nutrition after birth to help their bodies grow and develop. However, this can be challenging. While needing food from their mother, babies may not have the physical strength to suck the milk from the breast.
Nonetheless, nutrition is one of their most critical needs. Therefore, it becomes a challenge to get them the necessary nutrients.
Health experts recommend that premature babies go on formula just after two days of life. They should be given a special type of milk known as fortified, designed to help them grow better and stronger.
Available Formulas are Not Always the Best Alternative to Mother’s Milk
Similac or Enfamil may not always be the best choice for premature babies, as these products are made from bovine-based milk and can increase the risk of NEC. Instead, health experts recommend using human milk bank products or soy-based formulas as these are considered safer for premature infants.
Parents should always consult their doctors about which formula to give their infant when weighing the risks and benefits. Considering the research linking Similac and Enfamil baby formula to increased risk of NEC in premature infants, parents should make an informed decision about the best formula for their baby.
This decision is even more important as the FDA does not require warning labels on these products and instead relies on parents to consult with medical professionals before feeding their babies. Taking into account the potential risks and the challenges faced when feeding a premature infant, parents should be informed and make the best decision for their baby.
While Similac and Enfamil cow milk-based formulas are widely available and provided as free samples to pregnant mothers, these products may not be the safest choice for premature infants with an increased risk of developing NEC.
Parents should consult their doctor before choosing which formula to give their baby and consider alternatives such as human milk bank products or soy-based formulas. Doing so can help ensure your child has the best start in life.
Are Baby Formula Manufacturers Facing Civil Suits?
Enfamil, a baby formula with human milk fortifiers made by Mead Johnson, is the subject of a civil suit in Alabama. The lawsuit was filed by the mother of a baby who developed brain damage after being fed formula with iron.
Similac Advance, a baby cow-milk-based formula made by Abbott Laboratories, is also the subject of a civil suit. In 2015, the baby's mother filed a necrotizing enterocolitis (NEC) formula lawsuit, her infant developed brain damage after being fed Enfamil with iron.
The mother's attorneys built the case using evidence-based feeding strategies involving problems with human milk fortifiers in Enfamil and Similac.
Enfamil and Similac Class Action Lawsuit
There is no MDL (Multidistrict Litigation) or class-action lawsuit involving NEC infant formula with Abbott Laboratories or Mead Johnson. Many Enfamil and Similac formulas have class actions involving similar products filed in Canada in 2019.
The plaintiffs allege that the companies marketed and sold baby formulas containing DHA and ARA, despite knowing that these ingredients were unsafe for infants.
December 2022 Update | NEC Baby Formula Lawsuits
As part of the bellwether program, eight infant formula NEC class actions were selected to participate in the trial (Preterm Infant Nutrition Prod. Liab. Lit.- MDL No. 3026). By the time the bellwether program ends, four more infant formula NEC class actions will be participating in the trial.
The MDL judge has just approved the use of the "bellwether" document for the purpose of discovery in the bellwether litigation. It will be used as the first step in the discovery process. Witness and expert depositions will then take place.
January 2023 Update | NEC Infant Formula Litigation
By early January, the Judge consolidating infant formula NEC lawsuits into class action MDL in the Northern District of Illinois has put NEC baby formula lawyers on notice that scheduling a “science day” will begin soon.
Judges order science days in mass tort Multidistrict litigation cases to provide defendants and lawyers opportunities to present scientific evidence in court.
By mid-January 2023, nine new cases filed against baby formula manufacturers had been transferred from state court to a class action NEC infant formula lawsuit, increasing the number of consolidated cases to 97.
Taking Legal Action
We're representing families who've filed suit against Similac and Enfamil because their premature infants developed NEC after using one of these products. We're reviewing cases across the country.
Infant formula manufacturers know the risks associated with their products but fail to adequately warn parents.
If your premature infant was diagnosed with necrotizing enterocolitis (NEC) after receiving Similac or Enfamil formula, you might qualify to join a class-wide settlement against the formula manufacturers. You could receive financial compensation for the injuries caused by these formulas.
Accepting New Cases
We are filing new Enfamil and Similac lawsuits involving preemies fed infant formula manufactured by companies like Nestlé, Mead Johnson, Abbott Laboratories, and Wyeth Pharmaceuticals.
Call our NEC baby formula lawsuit lawyers in all fifty US states at (888) 424-5757. Time may be running out to file an NEC suit. Don't allow these companies to hide behind the statute of limitations to avoid legal action. Contact our attorneys today.
Mother's Breast Milk Is Safer
In general, the nutritional content in a mother's milk is the best for a premature baby. Mother's milk has important fat that helps develop a baby's brain and neurological tissue. It is also easier for a baby to digest liquid protein-fortified mother's milk.
Equally as important, feeding the baby only human breast milk is safer than formula feeding. For premature babies, the problem is that their intestinal lining is immature.
When the tissue is exposed to cow's milk proteins, there is a risk of damage to the intestinal wall. Babies do not have a mature digestive system and may have a harder time digesting cow's milk.
NEC in premature infants fed cow milk formulas are more likely to occur than in those consuming their mother's breast milk.
Scientific Evidence of the Danger of Cow's Milk-Based Formulas
Numerous research studies have quantified the higher risk of necrotizing enterocolitis (NEC) when the premature baby has been fed Similac or Enfamil baby formula. These studies have compared the rates of premature babies not fed Similac or Enfamil and those fed the product.
Necrotizing enterocolitis (NEC) is usually a very rare condition. The normal rate of this infection is one in every 1,000 babies born prematurely. The rate will significantly increase when formula-fed babies receive cow-based products. Those fed Enfamil are more likely to have developed NEC.
Some disturbing numbers reveal the problem that cow's milk-based Enfamil products can cause:
- One study found that 21% of babies with low birth weights fed with cow-based formulas developed necrotizing enterocolitis instead of 3% of these babies fed with human breast milk.
- Another randomized study found that 17% of premature babies fed cow's milk-based formula contracted NEC, compared to 5% of infants fed human milk.
- Children who develop necrotizing enterocolitis (NEC) usually have premature birth, which can also be a symptom of fetal growth restriction.
According to research, the baby's failure to gain weight might indicate NEC, which generally occurs within two to six weeks post-delivery (premature baby).
No matter the research study or the methodology used, it is undeniable not to feed infants a cow milk-based baby formula unless absolutely necessary.
The Dangers of Necrotizing Enterocolitis in Premature Infants
This bacterial infection will kill parts of the intestine through "necrotizing," a term used when something dies. The condition could lead to the baby losing part of its intestines when a hole allows bacteria to enter.
Infections are dangerous and life-threatening. Eventually, the harmful bacteria can enter the abdominal cavity. Here, the damages can stay with a baby for the rest of their life, as they could have permanent digestive issues.
Premature Babies Should Not Use Cow-Based Formula
In 2012, the American Academy of Pediatrics, recognizing the increased risk of necrotizing enterocolitis, recommended that premature infants only be given human-based milk products in light of the dangers to their digestive system.
This recommendation helped lay the groundwork for the NEC infant formula lawsuits against the doctors who gave cow-based products to premature babies.
How Enfamil Causes Necrotizing Enterocolitis (NEC)
NEC is a gastrointestinal bacterial infection that could permanently damage the baby's stomach and digestion. The problem with Enfamil and other cow-milk-based products is that they can damage the intestinal lining and make it inflamed.
Eventually, this can lead to deadened intestines and holes. Harmful bacteria will then come through the holes in the intestine and enter the abdominal cavity, causing a life-threatening infection. Emergency surgery is necessary to save the baby's life in some cases.
Diagnosed in more than 5,000 newborns in the United States every year, NEC can cause further health complications and even be life-threatening if not treated promptly.
The exact cause of NEC is unknown, but it is thought to be related to a combination of several factors, including:
- Immature or weakened immune systems in preterm babies
- Bacterial infection within the intestine due to inadequate sanitation or hygiene practices in neonatal intensive care units
- Excessive oxygen exposure during mechanical ventilation therapy
- Prolonged periods of tube feeding while receiving parenteral nutrition
If not treated quickly and properly, necrotizing enterocolitis can lead to perforation of the intestines, which can cause leakage of bacteria into the abdomen (peritonitis), or even shock due to severe infection.
The NEC Risks of These Toxic Baby Formula Products for Preterm Infants
NEC is a serious condition that could have long-term health risks for preterm babies. Statistics show that roughly 30% of infants who develop NEC, necrotizing enterocolitis, die from the illness.
As a result, NEC will require significant time in the neonatal intensive care unit. In addition, doctors may need to perform emergency surgery to remove the deadened part of the intestine.
Alternatives to These Infant Formulas
Human breast milk is the healthiest for a premature baby. Breast milk has a compound in it that helps the baby fight harmful bacteria. Researchers and doctors recommend that a premature infant receive pumped mother's milk or breast milk from a human donor.
However, doctors and hospitals have often given Similac or Enfamil to premature infants despite a growing scientific consensus on the increased risk of NEC.
Grounds for Infant Formula Lawsuits
There are legal grounds in the NEC infant formula lawsuits filed against the makers of baby formulas to hold them accountable for harming children who have suffered injuries or died from NEC. Some of these grounds include:
- Enfamil was defectively designed because the makers could have used fortified human breast milk instead of cow's milk. However, there was a reasonable alternative design that was less dangerous.
The manufacturer is aware of an alternative design. Still, it uses cow's milk despite the dangers.
- The cow's milk-based baby formula makers should warn consumers of the dangers of its product. Instead, they either knew or should have known that their Enfamil baby formula was dangerous, and yet they did nothing.
The defendants (Enfamil and Similac) spend massive amounts of money advertising their products (over $5 billion each year) but never mention the risk of NEC.
There are cow milk infant formula products made by other companies marketed to preterm babies that do not contain cow's milk. Therefore, it is possible to design a safer product for premature babies that would not compromise their health.
Infant Formula Lawsuits
Parents of premature infants have filed NEC infant formula lawsuits against Mead Johnson and Abbott Laboratories. In 2015, a federal jury in Philadelphia awarded $12 million to Robert Coyle involving contaminated infant formula.
He developed NEC after being fed cow milk formula with the Similac human milk fortifier while in the hospital.
However, the infant formula manufacturers who added the human milk fortifier have not offered to pay the victims' amounts. The companies only make a small percentage of money on Similac and Enfamil baby formula, but they continue to prove that they do not place any value on infants' lives.
Baby Formula-Related Brain Damage
Mead Johnson is also facing another trial over their Enfamil human milk-fortified product in Alabama. The case was filed by the mother of a child who developed brain damage after being fed Enfamil with iron.
Our law firm has helped countless families seek compensation for harm caused by dangerous drugs and defective products, including infant formula.
Contact our attorneys today if your child became seriously ill or injured from NEC or another disease resulting from a contaminated Similac or Enfamil product.
Damages in Toxic Baby Formula Lawsuits
Families are legally entitled to file Similac baby formula lawsuits for damages after being harmed by Enfamil or human milk-fortified products. Their claims include damages for harm to the baby and the family's suffering.
Here is some of what a family can recover from in a baby formula NEC lawsuit against the manufacturers:
- Medical costs: Families can receive money for past and present medical bills associated with necrotizing enterocolitis (NEC). However, the cost of an emergency procedure to remove the intestine can be prohibitive. In addition, premature babies may need follow-up surgeries as they get older.
- Pain and suffering: Often, non-economic damages are a large part of an NEC baby formula lawsuit. The baby can experience significant discomfort from the infection.
- Lost wages: A family can be paid for the money foregone by missing work to care for their baby.
- Wrongful death damages: Nearly one out of every three preterm babies who develop NEC will die from the condition. When that happens, the family can receive wrongful death damages to compensate for their loss. Compensation could include funeral and burial expenses.
In addition, the baby's estate (yes, premature infants do have an estate) can file a survival action to recover for what the baby went through before it died.
Mead Johnson Company Did Not Warn Doctors or Warn Consumers
CDC (Centers for Disease Control and Prevention) research from the early 1990s documented that babies fed with cow milk-based formulas could develop NEC. The risks of NEC in premature infants are very profound for preterm infants (low birth weight infants).
With that being the case, the makers of Enfamil products would have had an obligation to learn more about their product and its dangers and warn the public of the risks of necrotizing enterocolitis from Enfamil baby formulas.
Instead, the infant formula manufacturer did nothing, even as influential medical groups alerted the public.
NEC Baby Formula Lawsuits Have Been Filed for Defective Similac and Enfamil Formulas
Many of the NEC medical malpractice lawsuits previously filed for Enfamil infant formula injuries were against the doctor who prescribed the formula. In addition, families won several major medical malpractice verdicts and settled several other cases.
Now, parents of injured babies are focusing on the Abbott and Mead Johnson companies that make cow's milk-based formula (Similac and Enfamil). Instead of filing medical malpractice cases, parents are now filing product liability lawsuits involving toxic baby formula.
There are a growing number of these cases. There will eventually be enough NEC baby formula lawsuits to consolidate these cases into multidistrict litigation. However, it takes time for mass tort cases to reach this point.
In a case decided in July 2014, a federal judge ruled that a baby formula NEC lawsuit against Abbott Laboratories could move forward. The baby formula lawsuit alleged that Parexel did not adequately warn the parents of the infant being born with "potentially fatal" health problems from being fed Similac Advance formula.
Parents Have Also Filed NEC Formula Lawsuits Against Doctors
Parents sued doctors for medical malpractice before filing claims against companies like Abbott Laboratories and Mead Johnson Company.
As a result, doctors should have known the risks before recommending Enfamil or liquid Similac baby formula to premature babies. The product was known to be dangerous and had a higher risk of causing infection.
Parents have prevailed in several NEC baby formula lawsuits against doctors.
In one baby formula lawsuit, a New York jury awarded a family $5 million for pain and suffering damage when a baby developed NEC after using cow milk formula.
$23 Million Toxic Baby Formula NEC Lawsuit Award
In September 2012, a jury in Texas awarded $23 million to the family of a baby who passed away after developing NEC (necrotizing enterocolitis). The baby was born at 25 weeks and weighed only 1 pound 12 ounces. The nursing staff intubated the infant and fed him Similac Advance formula.
The jury found on behalf of the injured party and awarded them $23 million. As a result of the litigation brought by the parents of children injured or killed by NEC, Abbott Laboratories and Mead Johnson Company have made some changes.
For example, in September 2014, Abbott stopped selling its Similac Advance Ready-to-Feed baby formula in 8-ounce containers. Other baby formula lawsuit cases have resulted in multi-million dollar settlements and verdicts.
How to File an NEC Infant Formula Lawsuit
If your premature infant was injured after being fed this popular baby formula, you could file a necrotizing enterocolitis formula lawsuit. Our baby formula lawyers can help when formula-fed babies have been diagnosed with NEC.
The families of premature babies harmed using Similac or Enfamil formula can hold companies legally responsible.
The Statute of Limitations
Under state and federal law, the parents of the infant party (plaintiff) must file a claim with the defendant (responsible company). The defendant must respond to the complaint and either agree to pay damages or deny responsibility for damages.
This action is more about filing an NEC lawsuit. Parents can file a lawsuit in court if the company denies their claims. Contact our knowledgeable and experienced personal injury lawyers today.
Our toxic baby formula NEC lawyers would need to investigate your case. Then, the law firm would draft a complaint filed with the court, beginning the legal process in your case.
According to data, approximately 95% of all toxic baby formula lawsuits are resolved through negotiated settlements outside of court. Only a tiny percentage of the remaining cases are ever presented at trial. Because of that, it is crucial to use an attorney who has honed negotiation skills to maximize the amount you are entitled to receive.
Wrongful Death Lawsuit Involving NEC Baby Formula
Our NEC baby formula lawyers provide legal representation to families who lost preterm babies after developing NEC. As a result, many families filing baby formula lawsuits hold the baby formula manufacturers accountable for selling a defective product that took the life of their preterm infant.
Parents need a qualified product liability lawyer to help if their child has been injured because of a defective product such as Enfamil or another type of baby formula. Because any injury could cause death, parents could be financially compensated through an NEC baby formula lawsuit.
Bereaved parents will not have to pay our legal fees unless they receive compensation in the case. Our attorneys can provide immediate legal representation until your child's claim is resolved through settlement or trial.
While nothing can bring back a child that has died because of NEC or other complications associated with using Enfamil or another baby formula, our lawyers can help grieving parents take legal action through a baby formula NEC baby formula lawsuit after their infant has died.
NEC Baby Formula Lawsuit FAQs
Our personal injury law firm understands that many families have questions about dealing directly with insurance companies after their premature baby suffered severe harm from consuming a toxic formula. Many of these families are entitled to receive financial compensation through a civil claim or class action baby formula lawsuit.
Our infant formula lawyers have answered some of those questions below concerning the risk of NEC in toxic baby formulas. Contact our law firm at (888) 424-5757 for additional information or to schedule a free consultation.
Attorneys for NEC Infant Formula Lawsuits
Did your baby develop necrotizing enterocolitis after being fed infant formula that was likely contaminated? Do you know that many families with the same health issues and ongoing medical bills are filing NEC lawsuits seeking compensation for their damages?
The experienced baby formula lawyers at Rosenfeld Injury Lawyers, LLC can help with necrotizing enterocolitis (NEC) formula lawsuits on a contingency fee basis. This agreement ensures you never pay our legal fees until we obtain financial recovery for you.
We are experienced in filing medical malpractice lawsuits and suing companies when babies develop NEC. Call our product liability attorneys today at (888) 424-5757 or complete an online contact form to schedule your free case review.
We can help you fight for the financial compensation your family deserves when your baby has been harmed by cow-milk formula.