NEC Baby Formula Lawsuit

As of Nov. 16, 2023, there were 290 necrotizing enterocolitis baby formula lawsuits pending in multidistrict litigation.  MDL 3026 is before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois. Litigation is still in the initial stages, and there have been no approved settlements or jury verdicts.

There is also a separate class action MDL 3037 in Illinois for Abbott’s recalled infant formulas. These lawsuits are unrelated to the NEC formula lawsuits.

Some premature babies who are fed certain Similac and Enfamil formulas may be at risk of developing necrotizing enterocolitis, or NEC, a rare intestinal disorder. Parents have begun filing NEC lawsuits against baby formula manufacturers Mead Johnson and Abbott for failure to warn consumers.

The lawsuits state that Abbott and Mead Johnson should have warned about the risk of NEC in their baby formula products but continued to market these products as safe.

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.

Baby formula brands in NEC lawsuits include several Enfamil and Similac cow’s milk baby formulas. 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.

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.

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 NEC lawsuit for potential compensation.

Your baby may have been fed Similac or Enfamil in the hospital. If you are unsure, your baby formula 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. NEC baby formula lawyers encourage parents to keep any receipts, proof of purchase, packaging or boxes from the formula for evidence  in their potential baby formula lawsuit.

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.

When finding an NEC baby formula lawyer, it’s important to find someone who has experience handling mass torts, which are large litigations for hundreds or thousands of claimants. These torts are typically against large corporations with big legal teams of their own.

Baby formula lawsuits are complex and could involve a lot of complicated science and law. Lawyers with extensive experience in large injury litigations are equipped to gather the proper evidence and prove their client’s case before a judge or jury. It’s also helpful to find an NEC baby formula lawyer who works with a firm that has a track record of settling cases and getting jury verdicts.

Levin Papantonio Rafferty

Drugwatch.com partners with the award-winning national law firm Levin Papantonio Rafferty. The firm has been fighting for their clients since 1955.

Levin has been named one of the best law firms by U.S. News & World Report, Best Lawyers in America and Super Lawyers, among other awards. The firm has won settlements and jury verdicts in excess of $30 billion for clients affected by defective products.