Baby Formula NEC

What you Need to Know About the NEC Baby Formula Lawsuit?

Parents of preterm babies all over the country are suing baby formula companies because their children developed Necrotizing Enterocolitis, also known as NEC. The grounds for the claim are that cow-based baby formula caused the disease since its components are not adequate for infants. 
The babies affected were born at less than 37 weeks of gestation, making them especially vulnerable to the high concentration of proteins and minerals in cow’s milk. The plaintiffs claim that baby-formula manufacturers failed to warn them and medical experts about the risks of their product.

Why Baby Formula May Be the Cause of NEC?

NEC or Necrotizing Enterocolitis is a serious condition that affects the lining of the intestines, making them permeable and susceptible to bacterial infections. This condition is often caused by giving preterm infants cow-milk-based baby formula, as is the case with the two companies currently being sued by plaintiffs.
The link between cow milk’s baby formula and NEC is well documented and can be found in many scientific studies as well as in other medical evidence. For instance, a 1990 study published in The Lancet found that preterm babies fed with formula were ten times more likely to develop the disease. Also, the U.S. Food And Drug Administration (FDA) states that preterm infants should not be fed cow-based formula. 
The high quantities of proteins and minerals present in cow’s milk are complicated to digest for babies, especially those born preterm. This can cause inflammation in the baby´s intestines and lead to the death of intestinal tissue, creating a hole that allows bacteria to leak into the abdomen and bloodstream. This results in severe infections and, in some cases, death.  In some cases, surgery is needed to remove the affected tissue.

What Are The Claims of The Plaintiffs of the NEC Lawsuit?

Baby formula manufacturers usually present their products as safe and healthy to parents of newborn infants, preterm or not. This is the case of the two main defendants now being sued: Mead Johnson, manufacturer of Enfamil, and Abbott Laboratories, Similac producer, according to parents who filed lawsuits against them. 
The claim is precisely that those two brands failed to warn consumers and medical providers about the risk of NEC posed by the components of their baby formula. Parents also alleged that there weren’t labels or other kind of warning signs for NEC on their bottles and that the brands even marketed their baby formula as beneficial. 
The lawsuits state many kinds of damages to be taken into account when the verdict comes. For instance:

  • Consequential damages. This is compensation for the injured child and the parents.
  • Medical care costs. The financial cost of having their child at the hospital, as well as physical
    exams and medication, among others.
  • Loss of income and earning capacity reduction. When your child is ill, you miss work and
    probably need to be 24/7 to attend to them.
  • Pain and suffering. Both parents and the child experience intense and painful emotions as a
    result of their kid’s disease.
  • Wrongful death and survival actions.

What Evidence Do I Need If I Want to File a NEC Baby Formula Lawsuit?

The criteria to determine if you could be eligible as a plaintiff for the NEC lawsuit are:

  • Your baby was born prematurely. Since most cases of NEC are among children born up to the 37th week of gestation, this is imperative to qualify.
  • The hospital staff has given your kid an Enfamil or Similac baby formula. 
  • Your premature baby was diagnosed with NEC, meningitis, sepsis, bowel amputation, bacterial infection, bloody stool, abnormal bleeding, shortness of breath, salmonella, fatigue, or if death occurred because of any of these conditions. 


Also, time counts when filing a baby formula lawsuit. This time frame depends on how much time has passed since the date of the incident, or since your child received a NEC diagnosis.
It also depends on the regulations of the state you live in since these periods go from two to ten years in most cases. In the event of a wrongful death lawsuit, the average period is shorter, usually two years from the day of the decease. 
In any case, a mass-tort lawyer can better guide you through this process. Contact us for a free consultation.

How Much Could Be the Payout for a NEC Baby Formula Lawsuit?

It isn’t clear how much parents could receive in the event of a favorable verdict on a NEC baby formula trial. The final amount depends on several factors, such as the damages the parents seek to be compensated for. The payout could range from thousands to millions of dollars.
For now, protocols and schedules are being issued to start the selection of the first bellwether test cases in the baby formula class action lawsuit. The process implies that 12 cases are selected, and later reduced to four to go before a judge for the first federal trials. These are long processes that sometimes could take months or years. 
If you think your baby developed NEC or other illnesses due to Enfamil or Similac baby formula, contact us as soon as possible and we will help you.


Contact an attorney right away to make sure your lawsuit is filed in time. Eligibility guidelines may vary depending on the patient or law firm accepting cases; however, there are a few basic requirements.

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