About NEC Baby Formula Lawsuits
- Multiple studies indicate a significant increase in the risk of necrotizing enterocolitis (NEC), a serious gastrointestinal condition, in premature babies fed cow’s milk-based formulas.
- Despite the established risks, manufacturers Mead Johnson and Abbott Laboratories have not added warnings about the potential for NEC on their product packaging. This failure to warn consumers makes them potentially liable for the harm their baby formulas may cause.
- Families of premature babies who developed NEC after consuming cow’s milk-based formulas may be eligible to file a product liability lawsuit and should contact an experienced attorney for their legal options.
Why Hire CSS for an NEC Baby Formula Lawsuit
If your child has developed necrotizing enterocolitis (NEC) after consuming premature infant formulas, hiring Childers, Schlueter & Smith (CSS) to handle your case is crucial to ensure that you receive the support and compensation you deserve. At CSS we are renowned for our expertise in mass tort litigation and product liability claims, making us well-equipped to navigate the complexities of cases involving NEC and cow’s milk-based baby formula manufacturers. Our extensive experience in this area means that we understand the intricate medical and legal nuances that can significantly impact the outcome of your case.
The primary reason to choose our firm for your NEC baby formula lawsuit is our track record of successfully representing families in similar situations. Our team of dedicated lawyers has the specialized knowledge necessary to build a compelling case against large corporations like Mead Johnson and Abbott Laboratories. These companies have substantial resources at their disposal, and going up against them can be daunting without the right legal representation. Our attorneys know how to counter the defense strategies of these wealthy manufacturers, ensuring that your case is presented effectively and persuasively in court.
We provide comprehensive support throughout every stage of the legal process. From the initial consultation to the final resolution, our NEC baby formula lawyers offer personalized attention and clear communication, helping you understand your legal options and what to expect. We are committed to representing your family’s best interests, seeking not only financial compensation for the medical expenses and suffering caused by NEC but also accountability from the manufacturers for their failure to warn about the risks associated with their products. By hiring CSS, you gain a skilled legal team that’s dedicated to achieving justice for your child and preventing future harm to other families.
Contact us today to learn more about how we can help with your NEC baby formula lawsuit.
The Link Between NEC and Baby Formula
Since 1990, multiple studies have shown that premature infants who consume cow’s milk-based formula and fortifiers dramatically increase the risk of developing necrotizing enterocolitis. One such study that examined the rate of NEC in extremely preterm infants fed a diet containing cow milk proteins found that the amount of cow’s milk they consumed was a “significant predictor of NEC.”
Compared to the babies who were exclusively fed human milk, researchers discovered that for each 10% increase of cow milk protein products in their diet, the risk of necrotizing enterocolitis increased by 11.8%. There was also a dramatic increase in the risk of NEC surgery (21%). While this is just one study that examined the link between cow’s milk-based formula and fortifiers, there are more than 30 years of research studies that support the same conclusion: preterm infants who are fed formula containing cow’s milk such as some Similac and Enfamil products are at a greater risk of developing NEC and requiring NEC surgery.
Both Similac and Enfamil premature baby formulas are cow’s milk-based, but their manufacturers, Mead and Abbott, have not adequately warned consumers about the risk of necrotizing enterocolitis associated with normal use of their products. With an estimated 25%-50% mortality rate, far too many families have experienced devastating losses. For the babies who survive NEC, serious complications, including abdominal infections, short bowel syndrome, a narrowing of the intestines, and developmental delays, have caused immeasurable suffering.
Understanding NEC Baby Formula Lawsuits
Manufacturers have a legal duty to warn consumers of risks associated with their products. Despite extensive research showing a significantly increased risk of NEC in premature babies who are fed cow’s milk-based formula, Abbott Laboratories and Mead Johnson have failed to add proper warnings to Similac and Enfamil product packaging.
As the risks became more widely known, families all over the U.S. began filing NEC baby formula lawsuits against Abbott and Mead in early 2022. The current lawsuits allege Enfamil and Similac use in preemies led to NEC diagnoses and seek to hold manufacturers accountable. They’ve been filed by families whose preterm infants either died or suffered complications from necrotizing enterocolitis, and further allege the manufacturers knew of the risks but didn’t warn parents, doctors, and healthcare providers.
Due to the influx of cases, 97 lawsuits were consolidated into multidistrict litigation in August 2022. As of October 2024, nearly 600 cases were part of the NEC baby formula MDL in the Northern District of Illinois.
Andy Childers, one of the founding partners of CSS, is highly involved with the NEC baby formula MDL. He was appointed to Plaintiff’s Co-Lead Counsel, a commendable position that has him working alongside 25 other attorneys dedicated to fighting for families and holding formula manufacturers accountable. The first bellwether case in the MDL is scheduled for May 2025.
Aside from the MDL, hundreds of other separate product liability lawsuits have also been filed across the country. So far, two state court cases have gone to trial and resulted in successful outcomes for the plaintiffs – families who lost their infants to necrotizing enterocolitis. These multimillion-dollar verdicts, $60 million and $496 million, show the strength of the NEC baby formula lawsuits.
Plaintiffs are seeking compensation for medical bills, pain and suffering, emotional trauma, and other damages. However, these cases are complex and require the help of an experienced product liability attorney to help families seek justice and hold manufacturers accountable.
Risks and Complications of Necrotizing Enterocolitis
Necrotizing enterocolitis is a serious gastrointestinal condition that mainly occurs in preterm infants. While some cases are mild and result only in temporary physical discomfort, others result in severe inflammation, intestinal tissue decay, and death. In extreme cases, NEC may destroy the wall of the intestine, leaving a hole or perforation. The result can be a life-threatening infection throughout the entire abdominal cavity or sepsis of the blood.
Failure to diagnose NEC early on increases the risk of serious, often fatal, complications. Initial treatment of NEC typically involves stopping the use of a feeding tube, administering IV fluids and antibiotics, and inserting an orogastric tube to remove air and fluid from the stomach and intestine. The infant is monitored closely through X-rays and examinations.
Babies who fail to improve or those whose condition worsens require NEC surgery. During the operation, sections of the intestine that are dead or ruptured are removed, with the goal of removing as little as possible. Preterm infants who have NEC surgery are at greater risk of future complications, including intestinal blockage and malabsorption. In severe cases that require the removal of large portions of the intestine, the baby would need a bowel transplant to survive. Sadly, necrotizing enterocolitis and related complications take the lives of at least 1 in 4 preterm infants who develop the condition.
Legal Options for Families Impacted by NEC
The use of cow’s milk-based formula has been repeatedly linked to an increased rate of necrotizing enterocolitis in preterm infants. Despite the identified dangers, manufacturers have consistently failed to warn consumers of this possibility on their packaging of Similac or Enfamil or via other avenues of information.
If your premature baby ingested cow’s milk-based baby formula and developed NEC, you may have the right to pursue a mass tort product liability claim. Mass tort litigation is a legal action in which multiple plaintiffs with similar claims file their cases individually but in concert with one another to hold a single defendant liable.
Because mass tort cases of product liability can be very complex, it is important to work with a reputable law firm, like Childers, Schlueter & Smith. Our experienced lawyers, including Andy Childers, who is Co-Lead Counsel for the NEC preterm formula MDL, can help you pursue a case against premature baby formula manufacturers.
We understand the emotional toll that a severe medical condition like NEC can take on a family and strive to provide not just legal assistance but also moral support during this challenging time. By choosing us, you can rest assured that you have a knowledgeable, experienced, and compassionate team fighting for your child’s rights and your peace of mind.
Contact our product liability attorneys online or call (800) 641-0098 for help today.
Frequently Asked Questions
NEC is a serious gastrointestinal condition that primarily affects premature infants. It involves the inflammation and decay of intestinal tissue, which can lead to severe health complications, including infection, sepsis, and even death. Symptoms may include abdominal swelling, feeding intolerance, vomiting, and lethargy. In severe cases, surgery, or multiple surgeries, are necessary, and many complications may occur. Sadly, between 25% and 50% of premature infants with NEC die.
Studies have shown that cow’s milk-based baby formulas significantly increase the risk of NEC in premature babies. The introduction of these formulas into the delicate digestive systems of preemies can lead to severe inflammation and other complications associated with NEC.
Lawsuits are being filed against manufacturers like Mead Johnson and Abbott Laboratories because they allegedly failed to warn consumers about the risks of NEC associated with their cow’s milk-based formulas. Despite extensive research highlighting these risks, the manufacturers did not include adequate warnings on their product labels.
Parents or guardians of premature infants who developed NEC after being fed Enfamil or Similac cow’s milk-based formulas may be eligible to file a lawsuit. Eligibility typically depends on specific criteria, including medical evidence linking the formula to the development of NEC and the timing of the diagnosis. Speak with an attorney to discuss your legal options.
Families may be entitled to compensation for various damages, including medical expenses, pain and suffering, emotional distress, and in tragic cases, wrongful death. The goal of these lawsuits is to hold manufacturers accountable and secure financial support for the affected families.
More than 30 years of extensive medical research shows that cow’s milk-based formulas given to premature babies increase the risk of NEC and other infections in the bowel by large multiples.
No, there isn’t a class action, but in August 2022, 97 NEC baby formula lawsuits were consolidated into multidistrict litigation (MDL) in the Northern District of Illinois. A little more than two years later, the NEC baby formula MDL was comprised of nearly 600 cases.
While the NEC baby formula MDL hasn’t settled (the first bellwether trial is set for 2025), two state court cases have led to positive outcomes for plaintiffs. A $60 million verdict against Mead Johnson was awarded in March 2024, and a $495 million verdict against Abbott Laboratories was awarded in July 2024.
