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Families across the country are fighting back and receiving substantial compensation for the harm caused to their infants.
Are you the parent of a premature baby who developed necrotizing enterocolitis (NEC) after being fed Enfamil™ or Similac® formula? Our legal team is aggressively pursuing cases in all 50 states, and the evidence shows that the cow milk in these formulas may have contributed to your child’s devastating condition.
TIME IS OF THE ESSENCE –
Don’t let your rights slip away.
The NEC baby formula lawsuit is a legal action taken by families whose infants developed this life-threatening condition after consuming certain baby formulas. NEC (Necrotizing Enterocolitis) is a serious intestinal disease that has been linked to formula feeding, particularly in premature infants.
Many lawsuits have been filed against formula manufacturers, stating that their products caused or contributed to NEC. If your child has been affected by NEC, our experienced attorneys are here to help. We provide expert legal guidance and work tirelessly to help you get the compensation your family deserves.
Contact us today for a free consultation.
What is NEC?
Necrotizing Enterocolitis (NEC) is a severe and potentially life-threatening condition that affects the intestines of premature infants. It occurs when portions of the bowel become inflamed and begin to break down, leading to infection and tissue death. NEC can cause severe complications, including infection, perforation of the intestines, and long-term digestive issues.
While the exact cause of NEC is not fully understood, research has shown a strong connection between formula feeding. Early detection and treatment are crucial, but NEC can have lasting impacts on a child’s health which makes it critical for parents to understand the risks and seek medical advice.
What is the Connection Between NEC and Baby Formula?
Studies have shown a concerning connection between the use of certain baby formulas and the development of Necrotizing Enterocolitis (NEC) in premature infants. NEC is most commonly seen in babies born before 32 weeks gestation, whose underdeveloped digestive systems are more vulnerable. Research shows that formula feeding, especially with cow’s milk-based formulas, may increase the risk of NEC in these infants.
Breast milk contains natural nutrients and antibodies that help protect the infant’s digestive system, while formula lacks these protective components. This difference may contribute to the higher frequency of NEC in formula-fed babies.
As a result, families whose children have developed NEC after being fed formula are filing these baby formula lawsuits against manufacturers. They are stating that manufacturers failed to warn about the risks associated with their products.
Types of Baby Formula Involved in the Lawsuit
Several well-known baby formula brands have been linked to increased risks of NEC in premature infants that are sparking numerous lawsuits. The main brands involved in these lawsuits include:
- Enfamil: A widely used formula that has been the subject of many NEC-related lawsuits, with families alleging the formula’s cow’s milk content contributed to their child’s condition.
- Similac: Another major brand implicated in these lawsuits, with similar claims regarding the risks associated with its use in premature infants.
- Other Cow’s Milk-Based Formulas: In addition to Enfamil and Similac, several other formulas containing cow’s milk proteins have been named in lawsuits, as studies suggest these may increase the likelihood of NEC.
These NEC infant formula lawsuits argue that formula manufacturers failed to properly warn parents and healthcare providers about the potential risks of feeding these formulas to premature babies. Families are asking for justice for the harm caused to their infants and attempt to raise awareness about the dangers of certain baby formulas.
How Does NEC Affect Families?
The impact of Necrotizing Enterocolitis (NEC) on families can be devastating, both emotionally and financially. When an infant is diagnosed with NEC, it often leads to immediate and aggressive medical intervention. It includes surgery, extended hospital stays, and intensive care.
For parents, watching their newborn undergo such serious treatments is traumatic, as many infants face long-term health challenges. It can be anything such as digestive issues, growth delays, and developmental disabilities.
Beyond the physical toll on the child, NEC can place an immense strain on families. The costs of medical care can quickly mount. The emotional burden is equally heavy, as parents struggle with the uncertainty of their child’s prognosis and the future.
In some tragic cases, NEC may lead to long-term disabilities or even death, leaving families to cope with the heartbreaking loss or lifelong care needs.
What Are the Signs That Your Child May Have Suffered from NEC Due to Formula?
If your infant was fed formula, especially as a premature baby, and is showing any of the following symptoms, they may have developed Necrotizing Enterocolitis (NEC). It’s crucial to be aware of these signs and seek immediate medical attention if you suspect your child is affected:
- Abdominal Distension
- Feeding Intolerance
- Blood in Stool
- Temperature Instability
- Lethargy or Weakness
- Abnormal Breathing Patterns
- Signs of Infection
If your child’s condition was caused by formula feeding, hire a NEC baby formula lawsuit attorney who can help you understand your legal options.
How Are NEC Lawsuits Handled?
NEC formula lawsuits are typically handled through a legal process that involves several important steps. It includes:
- The first step in handling an NEC lawsuit is consulting with an experienced attorney. During this consultation, your lawyer will review the details of your case and determine whether you have a valid claim.
- If you decide to move forward with the lawsuit, your attorney will begin gathering evidence to support your case.
- Once sufficient evidence is collected, your lawyer will file the lawsuit on your behalf, alleging that their product contributed to your child’s NEC diagnosis.
- After filing, the discovery process begins. Both sides exchange information and evidence to prepare for trial.
- In many NEC lawsuits, settlement negotiations take place before the case reaches trial. The formula manufacturer may offer a financial settlement in exchange for dropping the lawsuit.
NEC Class Action Lawsuit Status Latest Updates
November 21, 2024: Reflections on First Loss
The recent defense win in Missouri shows how unpredictable jury trials can be. While the plaintiffs in this case didn’t win, it’s unlikely to stop the ongoing NEC lawsuits. Lawyers for the plaintiffs are still hopeful, pointing to previous cases where large amounts of compensation were awarded as proof that the litigation is strong and moving forward.
November 1, 2024: First Loss in Missouri Trial
The defense win in Missouri yesterday won’t stop the momentum of this litigation. In October alone, 26 new cases were filed, bringing the total to over 600 pending cases. Many more are being added in state court. Right now, state court cases are moving faster than the MDL, shaping the tone of this litigation and encouraging more plaintiffs to file in state court.
Just yesterday, I mentioned signs that seemed to point to a plaintiff’s victory. However, it’s impossible to predict the outcome of a trial. The defendants secured their first defense win in Whitfield. Plaintiffs’ lawyers were confident, even asking for $6 billion in punitive damages during their closing statements.
October 2024
The most recent state court trial involving baby formula has resulted in a win for the defendants. A St. Louis jury sided with Abbott and Mead Johnson in a case where a mother of a premature infant, who developed NEC, claimed that the companies failed to warn about the risks of the disease. This verdict is surprising, especially after two state trials earlier this year resulted in huge wins for the plaintiffs.
In the MDL (Multidistrict Litigation), there was also major news earlier this month. The parties involved proposed a schedule for the four bellwether cases, with the first trial set to begin on May 5, 2025. These trials will continue through February 2026, but the schedule still needs to be approved by Judge Pallmeyer.
July 2024
A Missouri jury awarded $495 million to the family of an infant who suffered severe complications from NEC after consuming Abbott’s premature infant formula in the NICU. Lawyers believe this verdict could have a significant impact on the future of baby formula litigation. The award consisted of $95 million in damages and $400 million in punitive damages. Abbott disagrees with the verdict and plans to seek an appeal. This case was in state court, while bellwether trials for the federal MDL are set to begin in May 2025, unless the defendants attempt to negotiate a settlement before then.
December 2024 Enfamil Lawsuit Update
The number of cases in the infant formula NEC class action MDL keeps growing steadily. In November, 26 new cases were added, which is the same number as the month before. Currently, there are 626 cases pending in the MDL. However, there is no information on how many of these cases involve Enfamil compared to other formula brands.
November 2024 Enfamil Lawsuit Update
The judge overseeing the NEC formula MDL has scheduled an important in-court status conference for December 19th, which is not very common in such cases. During this conference, several key topics will be discussed, including the process for selecting the bellwether cases (which are representative cases used to guide the rest of the litigation), ongoing discovery issues (where both sides exchange evidence and information), and the possibility of moving toward settlement mediation to resolve the cases without going to trial. This conference will be a critical step in moving the litigation forward.
May 2024 Enfamil Lawsuit Update
To prevent defendants from being wrongly named in NEC lawsuits, the MDL judge has introduced a new rule specifically regarding Mead Johnson & Company. The rule requires that the company can only be included in the lawsuit if there is clear evidence showing that the baby used their products.
To make sure this is followed, the court has set out clear steps for identifying Mead Johnson products. Lawyers representing the plaintiffs must carefully review the baby’s medical and feeding records from birth until discharge to confirm which products were used. If the records don’t show clear evidence of using Mead Johnson products, further investigation is needed.
If lawyers don’t follow these rules or fail to prove that Mead Johnson products were involved, the case could be thrown out. This new rule highlights the importance of careful research before filing a lawsuit to ensure that only relevant cases against Mead Johnson move forward in the NEC formula MDL.
January 2024 Enfamil Lawsuit Update
The NEC class action lawsuits in both state and federal courts are progressing, but at a slow pace. However, progress is being made. Plaintiffs believe the stronger cases are solid, but there may not be as many strong cases as attorneys initially expected.
As of December 2023, 290 cases have been filed in the multidistrict litigation (MDL) in the Northern District of Illinois, with Judge Rebecca Pallmeyer overseeing the consolidation and coordination of these cases. Many more lawsuits have been filed in state court.
The first bellwether trials for the NEC MDL are scheduled for 2024. The outcomes of these trials could have a significant impact on the future of the lawsuits. However, it’s more likely that settlement offers related to NEC baby formula cases will be made, bringing an end to the litigation for many families.
Get the Justice Your Family Deserves
If your child has been affected by Necrotizing Enterocolitis (NEC) due to baby formula, our experienced attorneys are here to help you understand your legal options.
