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 baby formula may not be the best option for your baby, especially if they are premature, which leads to an increasing number of people who decide to file an NEC baby formula lawsuit.

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 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) [1]. When inflammation of the intestine allows bacteria to proliferate, cellular death occurs, leading to necrosis of the colon and intestine. At advanced stages, the necrosis leads to a perforated bowel, which can then lead to peritonitis.

This life-threatening illness, which almost exclusively affects neonates, has a mortality rate of almost 50%; in more advanced cases, the mortality rate rises to almost 100%. It typically occurs during a child’s second or third week of life rather than immediately after birth.

Signs and symptoms of NEC include the following:

• Poor feeding
• Vomiting
• Lethargy
• Abdominal tenderness
• Blood in the stool

Unfortunately, initial symptoms are nonspecific, which often leads to parents being turned away by their pediatrician or assured that they are simply overanxious parents. As the disease progresses, symptoms become both more dramatic and more painful for the infant, including cyanosis (blue color of the skin), respiratory distress, and unresponsiveness.

A physical examination may identify abdominal distention, palpable abdominal mass, redness of the abdominal wall, visible intestinal loops, decreased bowel sounds, and decreased blood flow to the extremities.

Should NEC be suspected, the physician will collect a tissue sample of the intestinal wall, which will then be examined for signs of bacterial infection. They will also perform an abdominal radiograph, which is designed to look for pockets of air in the bowel.

Necrotizing enterocolitis occurs in up to 5% of all premature infants and is responsible for almost 8% of all Neonatal Intensive Care Unit admissions. While NEC sometimes occurs in full-term infants, particularly those with congenital heart defects, the primary risk factors include premature birth, low birth weight, and formula feeding.

Similac and Enfamil Formula Control Much of the Baby Formula Market

Parents often associate the product with the two dominant formula manufacturers. Similac [2] 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. This is especially true for those mothers who intend to return to work shortly after the child is born: they are told that infant formula is more convenient but will still provide all the nutrition necessary for the child. While this may be true, the risks with bovine-based formulas are high for preemies are very high, and formula makers tend to avoid mentioning this to consumers.

Cow Milk Formula Lawsuits

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), [3] breastfeeding is preferred. However, if that is not possible, feed bovine-based formulas to premature infants instead of soy milk-based products. This is because the American Academy of Pediatrics has determined that soy milk-based products can increase the risk of osteopenia [4] in premature babies, as it has a higher aluminum content than bovine-based formulas.

Aluminum reduces calcium absorption, which interferes with the growth of healthy bones. Premature infants fed a soy milk-based formula showed lower weight gain and protein concentrations in their blood, which can reduce their overall health and quality of life. Given that premature babies are already highly vulnerable due to their low birth weight, the American Academy of Pediatrics has ascertained that the risk of osteopenia with soy-based formulas is too high.

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 a greater risk of NEC.

The type of formula can also play a role in the risk, with some studies suggesting that soy-based formulas [5] may be less likely to cause NEC than milk-based formulas. As mentioned previously, soymilk formulas are not recommended for premature infants thanks to their higher aluminum content. 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 [6] 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.

Doctors may also fail to mention the risks of bovine-based formulas to new parents before allowing them to go home with their infants, as there may be more urgent issues to discuss. It is also not often covered in prenatal counseling because it is an issue that is most pertinent for premature babies, and many parents expect to have a full-term birth.

Nutritional Issues When a Baby Is Born Prematurely

Premature babies [7] 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. Depending on at what stage of pregnancy the baby was born, the mother may also have not begun producing enough breast milk to satisfy her child’s nutritional needs.

Nonetheless, nutrition is one of the most critical needs for a premature infant, who is no longer receiving nutrients from their mother’s body as a full-term infant would. 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 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 to a higher 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 bovine-derived 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. 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 necrotizing enterocolitis (NEC) formula lawsuit, her infant developed brain damage after being fed Enfamil with iron. High iron content in infant formulas is associated with a risk of developing necrotizing enterocolitis, as reported in Pediatric Research [8] in 2018.

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 actihttps://www.rosenfeldinjurylawyers.com/product-liability-lawyer/ons 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. DHA and ARA are synthetic versions of fatty acids that are found in human breast milk, which are considered vital for infants’ eye and brain development. However, the synthetic versions are derived from laboratory-grown fungi and algae using the toxic chemical hexane, which can persist in the formula itself.

Long-term exposure to hexane can cause nerve damage; given their small size and low weight, even trace amounts of hexane can be incredibly hazardous to preterm infants. As early as 1996, neonatal experts were calling into question the value of including DHA and ARA in baby formula, and the US Department of Agriculture called for a ban on their inclusion in organic infant formulas because of their extraction process involving hexane. However, the US Food and Drug Administration does not require pre-market testing of baby formulas for DHA and ARA levels, instead taking manufacturers on their word about how much of these potentially hazardous substances are present in the formula.

December 2022 Update

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 [9] 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 baby 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 babies developed NEC after using one of these products. We’re reviewing cases across the country.

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

Call our NEC baby formula lawsuit attorneys 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 any baby. Mother’s milk has important fat that helps develop a baby’s brain and neurological tissue, and it also includes essential antibiotics and other substances necessary to protect an infant’s health. When breastfeeding, a mother’s milk will adjust according to the nutritional needs of the infant, with different concentrations of fats, liquids, and proteins according to the baby’s needs. 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 preemies fed bovine 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 when the preemie 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) [10] 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 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.

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,” [11] 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, called a perforation.

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 [12], recognizing the greater risk of necrotizing enterocolitis, recommended that preemies 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. Doctors have a responsibility to remain up to date on advancements in medicine within their given field, including updated recommendations from the governing bodies of their specialty. Continuing to encourage the use of dangerous formulas constitutes medical malpractice, and numerous parents have won lawsuits against negligent doctors.

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. It’s not exactly clear what causes the damage to the intestinal lining, but it’s suggested that the lack of certain carbohydrates (oligosaccharides), which are present in breast milk, allows for the proliferation of harmful bacteria, which spurs further inflammation.

Eventually, inflammation caused by cow’s milk formula 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
• Feeding formulas derived from cow’s milk
• 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. Patients will require intensive monitoring, a nasogastric tube to keep the stomach empty while still providing nutrition, IV liquids to prevent dehydration, and antibiotics.

In advanced cases, doctors may resect a part of the intestines, or connect part of the intestine or bowel to a colostomy bag. These not only require long-term hospitalization, which is incredibly expensive, but the invasive procedures are incredibly uncomfortable and distressing for an infant and their family.

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.

Extensive hospital stays are not just incredibly expensive, but can also cause serious complications for the child. Preterm babies have immature immune systems, which puts them at high risk for a variety of other infections, particularly if they are required to have surgery in the first weeks or months of their life. These hospital-acquired (nosocomial) infections can also potentially lead to death or extensive antibiotic use, which themselves can have deleterious impacts on a child’s immune system and digestive development.

If the child has to have part of their intestine removed, they may experience continual digestive issues, including malabsorption, which can impact their growth throughout childhood and pubescence. They may require revisions to the original surgery over time, which are not just painful but can detract from their education and social development.

Preterm infants who are unfortunately impacted by NEC risk serious, long-term impacts, all due to the negligent marketing of cow’s milk-based formulas by large manufacturers.

Alternatives to These Formulas

Breast milk is the healthiest for a premature baby because it has a compound in it that helps the baby fight harmful bacteria. [13] 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 preemies despite a growing scientific consensus on the higher 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 [14] 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 preemies have filed lawsuits against Mead Johnson [15] 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 infant 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 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. While iron is an incredibly important compound for brain development, excessive amounts of iron can cause brain hemorrhages and pathology in the dopamine and serotonin pathways, which can cause learning disabilities.

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.

Infant 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, the child 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. The first few weeks and months of an infant’s life are essential periods for socialization and development, and spending that time in the hospital can cause challenges later in life. A serious health issue in a child puts stress on the entire family system, particularly on the mother; it’s not uncommon for parents dealing with a significant health challenge for their child to experience depression, anxiety, or marital issues. Family members may require therapy to deal with the guilt and stress of caring for a sick newborn, which can also be included in pain and suffering costs.
• 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, children 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) [16] 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. After the CDC released research regarding the high risk of NEC in certain populations, these manufacturers had an obligation to review their products and revise their formulas, or develop new products that did not include bovine proteins, specifically marketed for babies with low birth weights. At the very least, they had the responsibility to include a safety label that discussed the possibility of NEC in certain demographics, including children with low birth weights or who were born prematurely.

Instead, the infant formula manufacturer did nothing, even as influential medical groups alerted the public. They did not release guidance to hospital systems that used their formulas in NICUs and neonatal units, nor did they warn doctors with whom they had contacts regarding the increased risk of NEC in preterm births.

Lawsuits 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 given 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. Medical journals and the CDC have been discussing the risk of this highly fatal disease for over two decades, and doctors have a responsibility to remain abreast of current medical developments in their patient population.

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 [17] 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 a Baby 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 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, which includes examining all medical records related to the birth of your child. 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 Cases

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 a 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 lawsuit after their infant has died.

NEC Baby Formula Lawsuits 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.

Are infants taking cow milk-based baby formula more likely to develop NEC than babies consuming mother’s milk?

Some studies reveal strong evidence that breast milk is far safer than any formula due to the lower protein content in mother’s milk because:

• The higher immunoglobulin content (IgA) found in breast milk helps to protect infants from bacterial infections
• Oligosaccharides in mothers’ breast milk also reduce the risk of infection

Higher concentrations of lactoferrin in mother’s milk bind to iron and reduce the risk of infection. The “friendly bacteria” found in mother’s milk helps to protect infants from harmful microorganisms.

Evidence suggests that babies consuming cow milk-based formulas are more likely to develop NEC than babies consuming mothers’ milk. Because of this, parents who used a toxic baby formula should seek legal advice from our experienced lawyers.

Our attorneys can investigate your case and help you determine if filing a lawsuit is the best option for you and your family.

Our law firm represents families of babies injured or dying after consuming a toxic formula. Contact our lawyers to discuss your case at (888) 424-5757 to schedule your free consultation.

How do doctors monitor an infant’s condition after consuming baby formula when they have been affected by NEC?

NEC is a serious problem for some babies who drink baby formula. If your baby has NEC, doctors will watch, diagnose the condition, and monitor the healing process. The diagnosis typically includes blood tests, abdominal x-rays [18], and blood gas analysis.

The diagnosis often reveals a perforation (hole) in the intestinal lining or peritonitis (abdominal wall inflammation), typically resolved through surgical procedures.

Once diagnosed, doctors may use antibiotics or other medications to treat the infection causing NEC. Your doctor may also use a feeding tube to allow your baby’s intestine to rest and provide nutrition without the risk of further infection.

Have plaintiffs filed a class-action lawsuit against the makers of Enfamil and Similac due to the increased risk of NEC in baby formulas?

Yes, plaintiffs have filed a class-action lawsuit against the makers of Similac and Enfamil. The lawsuit alleges that these companies knew or should have known about the heightened risks of NEC in certain formulas but failed to warn parents about this risk.

The MDL (multidistrict litigation) cases are now reaching the bellwether stage, where the leading judge will order courts to hear at least cases representing the largest pool of plaintiffs in the class-action lawsuit. If successful, families can receive financial compensation for medical bills and other damages related to their infant’s diagnosis of NEC.

A lawyer could help you if your premature infant is injured after being fed this popular baby formula. Call us at (888) 424-5757 for a free consultation. Our baby formula lawyers have experience resolving necrotizing enterocolitis cases and can help you hold the companies accountable by filing an NEC lawsuit against all those involved.

Can my family file a baby formula NEC lawsuit without participating in a class action suit?

Many families have filed a toxic baby formula NEC lawsuit seeking monetary compensation from the formula makers without class-action participation. These cases resolve significantly quicker than multidistrict litigation or class action suits.

Filing a case in state court to avoid participating in a class action NEC lawsuit or multidistrict litigation can ensure the plaintiffs control the litigation and trial process. The baby formula NEC lawsuit would be controlled by the parents, not a court-appointed attorney who only has to answer to their clients in the class action suit.

A potential baby formula lawsuit involving egregious behavior by the manufacturer could produce punitive damages in an individual case if jurors wish to punish the defendants for their actions.

Which baby formula has an NEC lawsuit?

Giving formula milk has caused a serious and potentially life-threatening condition that affects babies born prematurely. The condition is caused by the formula being contaminated with bacteria which can lead to inflammation, necrosis (tissue death), and eventually, perforation of the baby’s intestine.

There is litigation against the makers of two types of baby formula, Similac and Enfamil. Both have been involved in NEC formula lawsuits due to their potential risk of causing necrotizing enterocolitis (NEC) in infants.

NEC is a serious gastrointestinal illness [19] that can lead to significant medical complications and death. Many infants have faced life-threatening health issues after consuming these formulas, and their families have filed individual NEC baby formula lawsuits against the manufacturers.

A lawyer can help answer any questions regarding an NEC baby formula lawsuit. Contact our law firm at (888) 424-5757 for additional information or to schedule a free consultation.

What are the risks when giving an infant baby formula?

Not all infants who drink formulas with higher concentrations of proteins or consume soy-based formulas will develop NEC. Be aware of the potential risks and talk to a doctor before making decisions about baby formula. The most vulnerable population is preterm infants, who have a low birth weight and an underdeveloped immune system. Other potentially at-risk groups include infants who are diagnosed with congenital heart disease [20] and those who have an identifiable immune system disorder. It has been hypothesized but not proven that infants with a cow’s milk allergy [21] are also at higher risk for necrotizing enterocolitis, and there are other conditions (allergic enterocolitis) that can mimic NEC.

Attorneys for NEC Formula Lawsuits

Did your baby develop necrotizing enterocolitis after being fed likely contaminated formula? 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.

Resources: [1] NIH, [2] Similac, [3] ACOG, [4] frontiersin.org, [5] NIH, [6] FDA, [7] NIH, [8] Pediatric Research, [9] uscourts.gov, [10] NIH, [11] NIH, [12] American Academy of Pediatrics, [13] ScienceDaily, [14] Enfamil, [15] uscourts.gov, [16] CDC, [17] CNN, [18] Johns Hopkins, [19] NIH, [20] NIH, [21] dldjournalonline.com