Research shows that baby formula can significantly increase a premature baby’s risk of developing necrotizing enterocolitis (NEC). NEC is a serious gastrointestinal disease that can cause dangerous inflammation of the intestines. In severe cases, NEC can cause infection and may prove fatal to the infant.
At Schlachman, Belsky, Weiner & Davey, P.A., we believe that Enfamil and Similac baby formula makers must be held liable. Despite studies showing the connection between premature infants being fed cow-based formula and the development of NEC, the manufacturers never warned of the dangers.
If your infant was diagnosed with NEC after receiving formula, contact our office at (410) 685-2022 to schedule a free consultation.
What Is NEC?
Necrotizing enterocolitis (NEC) is a dangerous and potentially deadly gastrointestinal disease. NEC can inflame the intestines, eventually causing the intestinal tissue to die. The condition may also perforate the intestine, causing bacteria to leak into the abdomen or bloodstream. The bacteria can result in serious infections such as peritonitis and sepsis.
Studies show that premature infants who are fed bovine (cow) milk-based infant formula are at a higher risk of developing NEC when compared to preterm infants who are fed human milk. Families of premature infants who were fed cow milk formula and later diagnosed with necrotizing enterocolitis are encouraged to speak with an experienced product liability lawyer.
2024 Update on the NEC Baby Formula Lawsuit
Recent court rulings, including a $500 million verdict against Abbott Laboratories and a $60 million judgment against Reckitt Benckiser, have given confidence to attorneys and victims fighting this battle.
In September 2024, the NEC infant formula class action MDL added 27 new cases, bringing the total number of cases to 598. Following two major verdicts, additional claims are likely to be filed in the coming months.
However, the current focus of this litigation is outside the MDL. A new trial began in Missouri, where a family sued Abbott, Reckitt, and St. Louis Children’s Hospital. They claim that the infant formula caused their premature son, born at 28 weeks, to develop necrotizing enterocolitis in 2017. The family is seeking compensation for the severe and lasting injuries their son continues to endure. This trial is still in progress.
What Are the Symptoms of NEC?
Generally, NEC presents within six weeks of birth. It requires a medical diagnosis but has a higher rate in formula-fed premature and low-weight infants.
Symptoms of NEC include:
- Diarrhea
- Bloody stool
- Swollen or bloated belly (abdominal distention)
- Extreme lethargy
- Vomiting bile (greenish or yellowish fluid)
- Slow heart rate
- Lack of weight gain
- Apnea
- Intolerance to feedings
If your premature infant shows any signs of intestinal discomfort, it is important to seek emergency medical treatment. Left untreated, necrotizing enterocolitis (NEC) may become life-threatening. If your child is diagnosed with intestinal damage, our baby formula NEC lawyers can help determine whether you should pursue a lawsuit against a manufacturer.
Am I Eligible to File a Lawsuit?
Manufacturers of these baby formulas may be held liable for failing to warn consumers of the danger surrounding their products. If your premature infant received cow milk-based formula and was subsequently diagnosed with NEC, you might be entitled to compensation.
Families may be eligible to file a lawsuit if their infant was:
- Born prematurely (less than 37 weeks)
- Fed cow milk-based infant formula (Similac or Enfamil)
- Subsequently diagnosed with necrotizing enterocolitis
Lawsuits are currently being filed across the country against cow milk-based baby formula manufacturers Enfamil and Similac. Allegations include that the makers of these infant formulas failed to warn consumers of the risk for premature infants to develop NEC.
Additional allegations include that the companies engaged in false and misleading advertising campaigns encouraging mothers to feed their infants formula. If your infant was born prematurely and has been diagnosed with necrotizing enterocolitis after being fed formula, you should speak with a baby formula NEC lawyer today.
Have Cow Milk-Based Baby Formulas Been Recalled?
To date, no cow milk-based formula has been recalled, despite decades of research linking the product with an increased risk in the development of NEC for premature infants. Neither Enfamil nor Similac has acknowledged the danger that their formula may pose to babies born at less than 37 weeks.
Despite the lack of recalls, numerous lawsuits are moving forward against Mead Johnson (the maker of Enfamil) and Abbott (the maker of Similac). Both manufacturers have experienced separate recalls related to potential bacterial infections and other unrelated incidents.
Is NEC Fatal?
Premature infants who develop NEC have a high rate of mortality. According to a Johns Hopkins study, up to 40% of infants who develop the gastrointestinal disease may die.
Even when not fatal, many infants require surgery to repair a perforation or hole in their intestine caused by the disease. Failure to repair the perforation can result in life-threatening infections, including sepsis.
If your premature infant was diagnosed with NEC, please contact our office immediately. We offer free, no-obligation consultations for baby formula NEC lawsuits.
What Brands Are Involved in the Baby Formula NEC Lawsuits?
Similac and Enfamil are the two leading cow milk-based formulas in the nation. They account for approximately 80% of the infant formula market.
Mead Johnson is the maker of Enfamil and offers several infant formulas under the brand. Abbott Laboratories is the maker of Similac, offering a similar range of bovine milk-based baby formulas.
Was Your Infant Diagnosed with NEC? Contact Our Office.
If your premature baby was fed cow milk-based formula such as Similac or Enfamil and was later diagnosed with NEC, contact our office for a free consultation. Call (410) 685-2022 to speak directly with a baby formula NEC lawyer about your right to compensation.