Similac Lawsuit

As of July 2024, 534 Similac and Enfamil lawsuits are pending multidistrict litigation (MDL). MDL 3026 is before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois. One of the main defendants is Abbott Laboratories, the maker of Similac cow’s milk baby formulas. According to Similac lawsuits, Abbott knew about the risk of necrotizing enterocolitis and failed to warn the public.

We’ve researched these lawsuits and have also spoken to our legal partners to bring you the following Similac lawsuit updates. Check back often to find out the litigation’s status.

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

According to our legal partners, you may qualify for a Similac lawsuit if you meet the following criteria below. We recommend you contact our legal partners for a free case evaluation to make sure you qualify for your child’s specific case.

These criteria are for Similac lawsuits, but they also apply to Enfamil lawsuits and potentially other cow’s milk formulas as well.

Our partners tell us that babies were most likely fed Similac while recovering in a hospital neonatal intensive care unit or after being discharged. Most baby formula side effects are mild and go away after a baby gets used to formula, but premature infants with NEC become very ill, require a lot of care and could potentially die.

Parents, families and caregivers are filing Similac lawsuits against Abbott Laboratories because they claim the maker of Similac baby formula failed to warn them that its cow’s milk products could increase the risk of preemies or low birth weight infants developing necrotizing enterocolitis, or NEC.

According to Similac lawsuits, defendants knew or should have known of the NEC risk because studies as far back as 1990 showed that NEC was more common in preterm infants who consumed formula versus breast milk. One study said it was six to 10 times more common in exclusively formula-fed babies than in babies who were breastfed. Another study put that number at a 20 times greater risk for preemies fed formula versus breast milk.

Parents and caregivers are seeking compensation for medical bills, their child’s loss of quality of life, funeral expenses for infants who died from NEC complications and other damages.

Shelbi Singh’s lawsuit claims defendants knew about the health risks of ingesting cow’s milk formulas, such as NEC and death, but they didn’t warn parents or medical providers: “The companies who manufacture these products often intentionally mislabel and misrepresent the contents of the products both to the public at large and to the health care community, passing off these deadly products as something similar to or even superior to human breast milk.”

Besides failing to warn, plaintiffs say the defendants didn’t provide instructions or guidance on how to properly use cow’s milk formulas to lower NEC risk or avoid infant death.

Similac Formulas Named in Lawsuits

All Similac baby formula products made with cow’s milk may potentially be named in Similac lawsuits, according to our legal partners.

Some of these products, such as Similac Human Milk Fortifier, may have names that don’t sound like cow’s milk is an ingredient. Parents and caregivers should read the product’s ingredients label to look for cow’s milk.

If you aren’t sure whether the Similac formula your baby consumed qualifies, speak to a lawyer. Lawyers taking Similac lawsuit cases can tell you whether the formula is part of ongoing lawsuits.

Keep any leftover Similac baby formula for evidence in your potential case. If you have medical records and receipts, those will also be important evidence in any NEC lawsuit claim you file.

If you are considering filing a Similac lawsuit, we recommend that you hire an experienced lawyer instead of filing on your own. Baby formula lawsuits are complex, especially since they are now a mass tort and in multidistrict litigation. Our legal partners can help walk you through the complicated and emotional process of getting compensation for your baby’s sickness or death from Similac-induced NEC.

An experienced product liability lawyer can help you fight large companies such as Abbott. They have the knowledge and resources to take on big corporations. For example, our legal partners have over 20 years of experience in fighting for plaintiffs harmed through the negligence of powerful corporations.

Our legal partners can help take the stress out of the filing process so you can concentrate on healing with your family.

People are filing Similac and Enfamil lawsuits for similar reasons, but Similac lawsuits are being filed against Abbott Laboratories and Enfamil lawsuits are being filed against Mead Johnson. Similac and Enfamil may have slightly different baby formula ingredients, but products made with cow’s milk share the same potential risk for causing NEC in preterm infants.

Abbott Laboratories holds a slightly larger share of the U.S. baby formula market than Mead Johnson, so more babies may be fed with Similac versus Enfamil. According to The
New York Times, Abbott provides baby formula to about 47% of infants who receive benefits through the WIC supplemental nutrition program. Mead Johnson is the next largest manufacturer at 40%.

When judges formed the baby formula lawsuit multidistrict litigation in Illinois, almost all of the first lawsuits that moved to the MDL were Similac lawsuits.

Has Similac Been Recalled?

Similac has not been recalled specifically for NEC risks, but in 2022 Abbott issued a baby formula recall for products manufactured at its Sturgis plant. Some of those products included Similac baby formula.

The Abbott and Similac baby formula recalls began in February 2022. The recalls followed reports of sickness and deaths connected to potential bacterial contamination with Cronobacter sakazakii. Babies became ill after consuming Similac and other Abbott formulas, and some died.

Abbott now faces a U.S. Department of Justice criminal investigation because of the contamination at its Sturgis plant.