Lori Waite  |  September 3, 2024

Category: Lawsuits to Join

NEC baby formula lawsuit: Whoโ€™s affected?

Father making baby formula in milk bottle for a newborn baby feed.
(Photo Credit: Bits And Splits/Shutterstock)

Parents of premature babies diagnosed with necrotizing enterocolitis (NEC) after using certain cowโ€™s milk-based Similac and Enfamil baby formulas may be eligible to file an NEC lawsuit.

Nearly 1,000 lawsuits have been filed alleging that the manufacturers of these products were aware that cowโ€™s milk-based formulas could cause necrotizing enterocolitis (NEC), a severe gastrointestinal disease, in infants. These lawsuits allege that the companies failed to warn doctors that infants fed these formulas face a higher risk of developing NEC compared to those who are breastfed or given donor milk or human milk-derived formulas. Recently, a mother whose infant died from NEC after using Enfamil was awarded a $60 million verdict.

Do you qualify?

If your baby was born prematurely (less than 37 weeks) and was diagnosed with necrotizing enterocolitis after using Similac or Enfamil baby formula, you may have a legal claim. A full list of baby formula products included in the NEC lawsuit litigation is provided below. 

Fill out the form on this page for more information.

NEC lawsuit updates and timeline

Top Class Actions has been reporting on the baby formula litigation since it began. We will provide the latest NEC updates here.

If your premature infant was diagnosed with necrotizing enterocolitis after using Enfamil or Similac cowโ€™s milk-based formula, please fill out the form on this page now to see if you qualify for a free case evaluation.

July 2024

  • A jury ordered Abbott Laboratories to pay $495 million in damages to the parents of a baby girl who said their child developed NEC from Similac. 
  • The first trial against Similac baby formula manufacturer, Abbott, began. Jurors are being asked to hold Abbott liable for the lifelong injuries that its baby formula allegedly caused preterm infants who were diagnosed with necrotizing enterocolitis.
  • Abbott CEO Robert Ford said they are considering pulling the premature infant formula at issue in NEC lawsuits amid investor concerns.  

June 2024

As of June, more than 514 cases were pending in the NEC baby formula multidistrict litigation (MDL). 

May 2024

The judge presiding over the NEC baby formula MDL ordered that Mead Johnson & Company only be named in cases where clear evidence exists that the plaintiffsโ€™ babies consumed their products.

April 2024

More than 50 new cases were added to the NEC baby formula MDL.

March 2024

An Illinois jury awarded $60 million to the mother of a premature baby who died from NEC after consuming Enfamil baby formula. “This verdict confirms what [the manufacturer] has known for years: cow’s milk-based baby formula causes NEC in preterm infants, often with fatal consequences,” the plaintiffโ€™s lawyer said in a statement.

What are the NEC lawsuits alleging?

Similac and Enfamil infant formulas have been linked to an increased risk of necrotizing enterocolitis (NEC) in premature infants, a serious gastrointestinal disorder. These formulas are specifically designed for premature babies, who are already at a higher risk of developing NEC. When NEC leads to intestinal necrosis, it can result in organ failure and potentially be fatal. 

Studies have shown that premature infants who consume primarily cowโ€™s milk-based formula have a higher risk of developing NEC than those who predominantly consume breast milk. 

The baby formula manufacturers have allegedly known about the increased risk of NEC for premature infants who consume cowโ€™s milk-based formula but failed to warn about the risks adequately.

As a result, many premature babies may have needlessly suffered significant health problems, or even died.

NEC lawsuits do not target medical providers or hospitals, as they were allegedly uninformed about the life-threatening risks associated with Similac and Enfamil products, such as Similac Special Care and Enfamil NeuroPro EnfaCare. Instead, these legal actions are directed at the manufacturers: Abbott Laboratories (Similac) and Mead Johnson (Enfamil).

What baby formula products are involved in the NEC litigation?

The following baby formula products may be linked to an increased risk of NEC in premature or preterm infants:

  • Similac Special Care
  • Similac Human Milk Fortifier
  • Similac NeoSure
  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
  • Similac Human Milk Fortifier Powder
  • Similac Liquid Protein Fortifier
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein
  • Similac Special Care 30
  • Enfacare Powder
  • Enfamil Human Milk Fortifier Liquid High Protein
  • Enfamil Milk Fortifier Liquid Standard Protein
  • Enfamil NeuroPro Enfacare
  • Enfamil Premature 20 Cal
  • Enfamil Premature 24 Cal
  • Enfamil Premature 24 Cal/fl oz HP
  • Enfamil Premature 30 Cal
  • Enfamil Human Milk Fortifier Acidified Liquid
  • Enfamil Human Milk Fortifier Powder
  • Enfamil 24 and DHA & ARA Supplement

What is necrotizing enterocolitis?

Necrotizing enterocolitis (NEC) is a serious, sometimes fatal, gastrointestinal illness that mainly affects premature babies. The condition causes inflammation in the intestinal tissue, leading to tissue death.

A hole may form in the baby’s intestine, allowing bacteria to leak into the abdomen or bloodstream. According to the Cleveland Clinic, 1 in 4 babies with NEC will need to have part of their intestines removed due to dead tissues.

NEC typically develops within two to six weeks after birth. While some infants experience mild NEC, others may develop severe, life-threatening symptoms.

NEC symptoms

Babies that develop NEC may exhibit these symptoms:

  • Painful and swollen abdomen
  • Abnormal heart rate, blood pressure, body temperature and respiration
  • Bloody stool and diarrhea
  • Vomiting
  • Lethargy
  • Baby refuses to eat and doesnโ€™t gain weight

NEC can be treated if caught early enough. If these symptoms develop, be sure to take your baby to a doctor immediately.

A doctor may perform a blood test and take an X-ray of the infantโ€™s abdomen to diagnose NEC. The blood test may show low white blood counts, which indicates that the baby lacks a strong immune response to fight the infection.

The X-ray may reveal air bubbles in the babyโ€™s intestinal wall. A doctor might also insert a needle into the babyโ€™s abdomen to find out if fluid leaks out, which would indicate a hole in the intestines.

NEC can cause complications such as infections, narrowing intestines, short gut syndrome, and developmental delays. Even without these serious complications, an infant with NEC will likely need to switch to IV supplements for nutrition. 

See If You Qualify

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