Baby Formula Lawsuits

Parents of premature babies who suffered necrotizing enterocolitis (NEC) are filing baby formula lawsuits against the makers of Similac and Enfamil. These baby formula lawsuits claim manufacturers didn’t adequately warn that the potentially toxic cow’s milk-based formulas could lead premature babies to develop or die from NEC.

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Last Modified: August 3, 2022
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Why Are People Filing Baby Formula Lawsuits?

Parents have filed an Enfamil lawsuit against manufacturer Mead Johnson or a Similac lawsuit against manufacturer Abbott Laboratories because they claim these companies knew or should have known their baby formula products could cause necrotizing enterocolitis (NEC) in premature infants. Manufacturers failed to warn parents and medical providers about the risk.

NEC is a serious gastrointestinal condition that causes intestinal tissue death and may be fatal in as many as 50% of cases. It causes intestinal inflammation that may cause holes in the intestine. Bacteria from the intestine can leak into the abdomen or blood, causing serious illness or deadly blood infections.

Premature babies fed baby formula were at a significantly higher risk of developing NEC than those fed human milk exclusively, according to an observational study published in Neonatology. Another study published in The Journal of Pediatrics found the risks were lower in breastfed babies than in those fed a combination of mother’s milk and infant formula.

Baby formula brands mentioned in Similac and Enfamil lawsuits include:
  • 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 Powder
  • Similac Liquid Protein Fortifier
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein
  • Enfamil Human Milk Fortifier Acidified Liquid
  • Enfamil Human Milk Fortifier Powder
  • Similac Special Care 30
  • Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
  • 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 24 and DHA & ARA Supplement

Mead Johnson and Abbott Laboratories products Enfamil and Similac have no warnings about NEC as a side effect of baby formula or proper instructions or guidelines for their use, according to parents who filed a Similac lawsuit or Enfamil lawsuit. The companies also marketed their products as safe and beneficial for premature infants in spite of the potential risks.

Parents are suing for extensive financial losses and emotional distress related to their baby’s injuries or death.

Who Qualifies to File an NEC Baby Formula Lawsuit?

Similac and Enfamil have failed to warn consumers of the risks of necrotizing enterocolitis (NEC). Parents who had a premature infant diagnosed with NEC after being fed toxic baby formulas can file a lawsuit for potential compensation.

Your baby may have been fed Similac or Enfamil in the hospital. If you are unsure, your lawyer may be able to help you find out. Make sure you provide the name of the hospital and the hospital’s location.

After your baby was discharged from the hospital, you may have fed your baby a Similac or Enfamil formula product. Lawyers encourage parents to keep any receipts, proof of purchase, packaging or boxes from the formula for evidence  in their potential baby formula lawsuit.

Is your premature baby suffering from necrotizing enterocolitis (NEC) after being fed Similac or Enfamil?

Have Enfamil and Similac Formulas Been Recalled?

Enfamil and Similac have not been recalled for the link between baby formula and NEC. But there have been isolated store recalls as a result of product tampering and there was a February 2022 recall for potential bacterial infection.

The tampering incident came to light when a few mothers reported that their Enfamil products contained flour instead of formula. In another incident, babies got sick and some died after drinking Enfamil that reportedly caused bacterial infections. The FDA tested the formula and declared it safe.

In February 2022, Abbott Nutrition issued a baby formula recall for certain lots of Similac, EleCare and Alimentum manufactured at its Sturgis, Michigan, facility after four babies suffered Cronobacter sakazakii infections and one baby became infected with Salmonella Newport. Two of the babies died.

The FDA released a preliminary inspection report in March 2022 that said that Abbott didn’t have “a system of process controls” in place to “ensure that infant formula does not become adulterated due to the presence of microorganisms.”

In June 2022, FDA received an additional report of an infant death that could be related to bacterial contamination. The same month, Abbott’s Sturgis plant reopened to help ease the baby formula shortage caused in part by the recall.

Please seek the advice of a medical professional before making health care decisions.