Similac Baby Formula Lawsuit

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Researcher: Ariana Arce​

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Journalist: Aaron Vivanco

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Editor: Daniela Polo

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Similac Baby Formula Lawsuit

The Similac Baby Formula Lawsuits allege that this brand of baby formula can potentially cause necrotizing enterocolitis (NEC) in preterm babies who are fed with it. These lawsuits have been filed against Abbott Laboratories Inc., the makers of Similac, with claims that the company failed to adequately inform families about the increased risk of developing this intestinal disease known as NEC.

If you believe you have a case related to the Similac Baby Formula Lawsuit, please contact our legal advisor for a free consultation. They will be able to assess your situation and provide guidance on potential legal action and the possibility of compensation.

Similac Baby Formula and Necrotizing Enterocolitis

Similac is one of the most popular cow’s milk-based formula brands in the U.S. It is frequently used as an alternative to human breast milk for newborns and premature babies.

Additionally, Abbott Laboratories has a significant presence in the baby formula market, accounting for approximately 47% of market share. This surpasses their major competitor, Mead Johnson, the makers of Enfamil, who is also a prominent defendant in the NEC Lawsuit.

Unfortunately, various studies have indicated that feeding babies cow milk-based formulas like Similac may increase their risk of developing NEC when compared to breastfed babies.”

What is Necrotizing enterocolitis?

According to Johns Hopkins University, necrotizing enterocolitis, or NEC, is a severe gastrointestinal disease characterized by the death of intestinal tissue. It primarily affects premature infants and newborns.

Those with a higher risk for this condition include:

  • Premature infants
  • Infants who are fed concentrated formulas
  • Infants in a nursery where an outbreak has occurred
  • Infants who have received blood exchange transfusions

Why are families filing Similac Baby Formula Lawsuits?

Families allege that Abbott Laboratories knew or should have known about the link between baby formula and NEC. They also claim that the makers of Similac failed to conduct a thorough investigation into this issue, which resulted in more premature infants being affected by this intestinal disease.

Additionally, plaintiffs’ lawyers argue that due to Abbott’s mishandling of information regarding potential risks, the families were unaware of the dangers they were exposing their babies to. They only became aware of these risks within two years of filing the lawsuit.

Similac NEC Lawsuits Update 2023

As of September 2023, approximately 80 more cases were added to the Multidistrict Litigation in which Abbott is involved. Consequently, the Similac Baby Formula Lawsuit is beginning to gain momentum, with a total of 263 lawsuits filed in the Illinois District Court.

The judge overseeing this class action MDL is Hon. Rebecca Pallmeyer, a development that will help bring these claims to a courtroom and may compel Abbott and other baby formula manufacturers to consider substantial settlement amounts

Has Similac been recalled?

Abbott Nutrition issued a baby formula recall in February 2022 for specific lots of Similac, EleCare, and Alimentum manufactured at its Sturgis, Michigan facility. This recall was initiated after four babies contracted Cronobacter sakazakii infections, and one baby was infected with Salmonella Newport. Tragically, two of the babies did not survive.

Later, in March 2022, a preliminary inspection report from the FDA was released, stating that Abbott lacked sufficient process controls to prevent the adulteration of infant formula with microorganisms.

According to a Business Insider report dated February 15, 2023, Abbott, the manufacturer of Similac, is under investigation by the Department of Justice for factory conditions that led to a baby food shortage. If found guilty, Abbott could face criminal penalties of up to $500,000 for each offense.

Consequently, there is also a Similac Recall Class Action Lawsuit that connects the reports of illnesses in infants who had consumed these cow’s milk-based products. This lawsuit is distinct from the MDL that links Similac with the development of NEC.

Which products are involved in the Similac NEC Baby Formula Lawsuit?

As previously explained, several cow’s milk formulas from Similac have been associated with the development of NEC. These products have been found to pose significant risks to premature babies.

Here is a list of some of the Similac cow’s milk-based formulas and fortifiers included in the claims:

  • Similac® 360 Total Care®
  • Similac® Alimentum®
  • Similac® Expert Care® Alimentum®
  • Similac® Go & Grow
  • Similac® Human Milk Fortifier Concentrated Liquid
  • Similac® Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
  • Similac® Human Milk Fortifier Powder
  • Similac® Liquid Protein Fortifier
  • Similac® NeoSure®
  • Similac® Special Care®
  • Similac® Special Care® 20
  • Similac® Special Care® 24
  • Similac® Special Care® 24 High Protein
  • Similac® Special Care® 30

As of September 2023, there have been no recalls of these Similac products. However, it is possible that there may be a future recall on these products.

If your preemie is consuming any of these products and has exhibited symptoms of NEC, it is advised that you seek medical care right away.”

How to file a Similac Toxic Baby Formula Lawsuit?

In order to file an infant formula lawsuit, you must meet certain requirements. A Similac NEC baby formula lawsuit can be filed if a baby meets the following criteria:

  • Born prematurely or with a low birth weight
  • Diagnosed with necrotizing enterocolitis
  • Fed cow’s milk-based formula or milk fortifier made by Similac

If you believe your case meets these criteria, you should seek the expertise of a Similac Baby Formula Lawyer. Contact us or fill out our form, and a legal advisor will connect you with an attorney, free of charge.”

What is the average settlement amount for a Similac NEC Lawsuit?

The Similac NEC litigation is still in its early stages, with no settlements or bellwether trials for the baby formula NEC lawsuits.

Settlement amounts in MDLs, such as the one involving Similac, Mead Johnson, and other baby formula manufacturers, are typically lower than the trial value. Given the current stage of the NEC baby formula lawsuits, it is important to note that there is still a significant amount of information to be discovered.

However, our attorneys anticipate an estimated average settlement value for a Similac NEC lawsuit ranging from $300,000 to $800,000 per person. The specific amount within this range will be determined based on the severity of the injuries suffered by premature babies.

Joining the Similac NEC Lawsuit

Currently, baby formula product liability cases mainly consist of individual lawsuits. The lawsuits against Similac are focused on the absence of a warning on the Similac label regarding the risks associated with the product, rather than solely on whether it causes NEC, which is typically influenced by multiple factors.

Your attorney can assist you with your lawsuit by reviewing your claim, considering previous cases, and advising you on the best legal options for your situation.

Remember that you can take legal action immediately. Reach out to our legal advisor for free, and we will connect you with an experienced attorney who will assess your Similac Baby Formula Lawsuit for a potential settlement.