Baby 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 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.

Status of Baby Formula Lawsuits

In August 2022, the Judicial Panel for Multidistrict Litigation consolidated about 97 lawsuits over NEC claims in Illinois MDL 3026 before U.S. District Judge Rebecca Pallmeyer. There is also a sperate class action MDL 3037 in Illinois for Abbott’s recalled infant formulas.

Litigation is still in initial stages and there are no trials scheduled. As of Oct. 14, 2022, there were 106 cases pending in MDL 3026.

Baby formula brands in 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 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.

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.