NEC Baby Formula Lawsuit 2024 | A Deep Dive into Cow's Milk Infant Formula Risks

“NEC causes inflammation in the intestines, leading to cell death and the formation of perforations in the digestive system, which can allow harmful bacteria to create life-threatening infections.”

Understanding the Toxic Baby Formula Lawsuit

The Toxic Baby Formula NEC Lawsuit alleges that cow’s milk-based formulas, such as Similac and Enfamil, increase the risk of necrotizing enterocolitis (NEC) in premature and low-birth-weight infants.

Major formula manufacturers, Abbott Laboratories and Mead Johnson & Company, face lawsuits for failing to warn parents and healthcare providers about these dangers.

NEC lawsuits seek compensation for injuries and deaths linked to these formulas, holding manufacturers accountable for the harm caused by their products.

What You'll Learn on This Page

• Toxic Baby Formula and NEC: This page explains the link between cow’s milk-based baby formula and necrotizing enterocolitis (NEC), a serious intestinal disease affecting premature infants.

• Lawsuits Against Manufacturers: Parents are suing major formula makers, Abbott Laboratories (Similac) and Mead Johnson (Enfamil), claiming they failed to warn consumers about the increased NEC risks.

• Legal Support for Families: Eric Cardenas LAW, PLLC is actively investigating these claims and offering free consultations to help affected families seek justice.

• Legal Updates: Legal and news updates in the lawsuits against baby formula Manufacturers and potential compensation.

Eric Cardenas LAW: Advocates for Families Impacted by NEC

Parents across the country are filing lawsuits against Abbott and Mead Johnson, claiming that cow’s milk-based infant formulas contributed to their babies developing necrotizing enterocolitis (NEC).

These lawsuits include both state and federal cases, with the NEC Formula MDL (Multidistrict Litigation) centralized in the U.S. District Court for the Northern District of Illinois.

Recent trials have made headlines, with juries awarding hundreds of millions in compensation to affected families.

On July 26, 2024, TorHoerman Law served as lead counsel in a landmark NEC trial, securing a $495 million verdict for the mother of a baby girl who developed NEC after consuming cow’s milk-based formula.

Are You Eligible for an NEC Baby Formula Lawsuit

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formula in the maternity ward or NICU, you may be eligible to file a lawsuit.

Contact Eric Cardenas LAW today for a free consultation, or use the Instant Qualifying Quiz on this page to see if you qualify instantly.

The Toll of NEC on Families

NEC can have lasting effects on a baby’s health, including chronic digestive issues, developmental delays, and the need for ongoing medical care.

In severe cases, the condition can be fatal, leaving families with significant emotional and financial challenges.

Our NEC Baby Formula Lawyers understand the pain families endure. We are committed to providing compassionate support and fighting for justice on behalf of affected children and their families.

Latest Updates on NEC Baby Formula Cases

November 3, 2024

The legal battle over necrotizing enterocolitis (NEC) and its links to cow’s milk-based formulas continues to unfold, with hundreds of families pursuing accountability from Abbott Laboratories and Mead Johnson Nutrition.

NEC is a severe intestinal disease that disproportionately affects premature infants with underdeveloped digestive systems. Plaintiffs in NEC lawsuits allege that the manufacturers of Similac and Enfamil failed to adequately warn parents and healthcare providers about the heightened risk of NEC linked to their products.

To date, over 670 lawsuits are active in federal court in Chicago, with many more filed in state courts across the country. Two landmark cases resulted in significant verdicts: $495 million and $60 million against Abbott and Mead Johnson, respectively, for failing to disclose NEC risks. TorHoerman Law served as lead counsel in the case awarding $495 million to the family of a child affected by NEC.

In contrast, a recent St. Louis case resulted in a defense verdict, reflecting the complexities and ongoing debate over the science and regulatory responsibilities tied to preterm infant formulas.

Research increasingly supports that feeding premature infants mother’s milk or donor breast milk can drastically reduce the risk of NEC. However, limited availability of donor milk often forces hospitals to rely on cow’s milk-based formulas, particularly when maternal milk is insufficient.

Some hospitals, like Mount Sinai in Chicago, are implementing changes to address this risk. Mount Sinai now prioritizes mother’s or donor milk for preterm infants born before 32 weeks or weighing less than 1,500 grams, a practice that has led to a marked reduction in NEC cases.

These cases and resulting verdicts could shape future labeling requirements and regulatory oversight for infant formulas, while also informing hospital feeding practices nationwide.

November 1, 2024

The NEC Baby Formula Lawsuit continues to gain traction, with a growing number of cases alleging that cow’s milk-based formulas increase the risk of necrotizing enterocolitis (NEC) in premature infants.

Plaintiffs claim that Abbott Laboratories and Mead Johnson Nutrition, the makers of Similac and Enfamil, failed to warn parents and healthcare providers about these risks. In October, the number of NEC-related cases climbed from 598 to 624 in November, signaling increased awareness among affected families.

NEC is a life-threatening condition that causes inflammation and intestinal tissue death, primarily in premature babies. The disease can lead to long-term health challenges and, in severe cases, death.

The second NEC trial earlier this year resulted in a $495 million verdict against Abbott Laboratories. This case, handled by TorHoerman Law, highlighted the failure of manufacturers to adequately warn of the dangers tied to their products.

However, the third NEC trial in St. Louis resulted in a defense verdict, illustrating the challenges plaintiffs face in these complex cases.

The outcomes of ongoing NEC lawsuits are expected to influence future regulations and raise awareness about the importance of safe feeding practices for preterm infants. As the litigation progresses, parents and advocates remain committed to holding manufacturers accountable and ensuring informed decision-making for families of preterm babies.

Overview of Lawsuits Against Baby Formula Manufacturers

Premature birth brings immense challenges and uncertainty for families, particularly when it comes to the health and nutrition of a fragile infant. For premature babies, every aspect of care must be precise, and nutrition is no exception.

While formula feeding is a common practice recommended by many hospitals and medical professionals, cow’s milk-based formulas have been linked to an increased risk of necrotizing enterocolitis (NEC), a severe gastrointestinal condition affecting premature and low birth weight infants.

NEC causes inflammation and bacterial infection in the intestines, leading to tissue death and, in some cases, intestinal perforation. The condition can result in long-term health complications such as chronic digestive issues or developmental delays and, tragically, may even be fatal.

Research has demonstrated that bovine-based formulas significantly increase the risk of NEC compared to alternatives like human breast milk or donor milk. Babies fed breast milk-based formulas or exclusively breastfed have shown lower rates of developing NEC.

Two widely used brands, Similac (produced by Abbott) and Enfamil (produced by Mead Johnson), are the focus of ongoing litigation. Parents allege that these products raised the risk of NEC for their premature infants without proper warnings about the potential dangers.

In recent high-profile trials, manufacturers faced substantial financial penalties:

• $495 million awarded against Abbott Laboratories.

• 60 million awarded against Mead Johnson.

These verdicts are expected to play a pivotal role in shaping the direction of NEC-related litigation in the coming years.

What is the NEC Infant Formula MDL?

The NEC Infant Formula MDL (multidistrict litigation) consolidates lawsuits against Abbott Laboratories and Mead Johnson & Company. These cases focus on allegations that the companies’ cow’s milk-based formulas caused necrotizing enterocolitis (NEC) in premature infants.

The MDL is centralized in the U.S. District Court for the Northern District of Illinois under Judge Rebecca R. Pallmeyer. Its purpose is to streamline pretrial proceedings for claims involving common questions of fact, such as:

• Did Similac and Enfamil formulas increase NEC risk in preterm infants?

• Did manufacturers fail to adequately warn parents and healthcare providers about these risks?

By consolidating these cases, the MDL promotes efficiency, consistency, and fairness across the large number of lawsuits being filed nationwide.

In addition to the MDL, individual NEC lawsuits have proceeded in state courts, particularly in Illinois and Missouri. These state-level trials have also resulted in significant outcomes, reflecting the growing scrutiny on infant formula manufacturers.

What Baby Formula Brands are Included in NEC Lawsuits?

Many infant formulas used in hospitals are cow’s milk-based, which can pose risks to premature babies. While numerous formulas may share similar characteristics, Similac and Enfamil products are the only ones currently named in NEC lawsuits.

Below is a list of specific formulas linked to the litigation:

Similac Baby Formulas

• Similac Alimentum

• Similac Alimentum Expert Care

• Similac Special Care

• Special Care 30

• Special Care 24

• Special care 24 High Protein

• Special Care 20

• Similac Human Milk Fortifier

• Similac Human Milk Fortifier Hydrolyzed Protein – Concentrated Liquid

• Similac Human Milk Fortifier Powder

• Similac Liquid Protein Fortifier

Enfamil Baby Formulas

• Enfamil Human Milk Fortifier Powder

• Human Milk Fortifier Liquid High Protein

• Human Milk Fortifier Liquid Standard Protein

• Human Milk Fortifier Acidified Liquid

• Enfamil NeuroPro Enfacare

• Enfamil Premature

• 20 Cal

• 24 Cal

• 24 Cal/fl oz HP

• 30 Cal

• Enfamil 24 and DHA & ARA Supplement

NEC Lawsuits in the Media

A landmark verdict was reached on July 26, 2024, in the second NEC bellwether trial, awarding $495 million in a case against Abbott Laboratories.

The case, Margo Gill vs. Abbott Laboratories, focused on claims that Abbott’s cow’s milk-based formula increased the risk of necrotizing enterocolitis (NEC) in premature infants. Margo Gill’s daughter, Robynn, developed NEC after being fed Abbott’s formula during her time in the NICU as a premature infant.

Trial evidence revealed internal documents showing that Abbott had been aware since 2009 of a significant connection between formula feeding and NEC in premature babies. Despite this knowledge, Abbott allegedly failed to warn parents about the risks, incidence, or severity of NEC associated with their cow’s milk-based formula compared to human milk alternatives.

Robynn suffered severe complications, including the removal of 75% of her intestine and permanent brain damage, leaving her in need of lifelong intensive care. The verdict provides financial resources to cover her extensive medical and support needs.

This case highlights ongoing concerns regarding the risks associated with cow’s milk-based formulas and the duty of manufacturers to disclose potential dangers to consumers. Families affected by NEC continue to pursue justice, seeking accountability and support for the challenges they face.

If your child developed NEC after consuming cow’s milk-based formula, consider contacting Eric Cardenas LAW for a consultation to explore your legal options.

What is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a gastrointestinal disease that primarily affects infants born prematurely, before the 37th week of pregnancy.

NEC causes inflammation in the intestines, leading to cell death and the formation of perforations in the digestive system. These perforations allow harmful bacteria to leak into the intestines, creating infections that can become life-threatening. The condition can escalate quickly, often leading to systemic infection and sepsis, which pose significant risks to the infant’s survival.

Recognizing Symptoms of NEC

NEC presents with symptoms that signal serious gastrointestinal distress in premature and low birth weight infants. Early recognition and intervention are critical for better outcomes.

Parents and caregivers should stay alert to these symptoms, especially in premature infants, as the condition can progress rapidly without prompt treatment:

• Abdominal pain and swelling

• Changes in heart rate and blood pressure

• Changes in body temperature and breathing

• Diarrhea with bloody stool

• Green or yellow vomit

• Lethargy

• Refusal to eat, feeding intolerance, and lack of weight gain

Doctors can diagnose NEC using tests such as x-rays, blood tests, fecal exams, and physical checks for abdominal swelling. If your infant shows any of these symptoms, seek immediate medical care to ensure accurate diagnosis and timely treatment.

How Serious is NEC?

Necrotizing enterocolitis is a severe disease that can be fatal if untreated.

NEC primarily impacts premature or very low birth weight infants, leading to tissue death, inflammation, and perforations in the intestines.

• Infants weighing 5.5 lbs or more face a mortality rate of up to 20%.

• Infants weighing 3.3 lbs or less may have a mortality rate as high as 50%.

The condition can quickly lead to peritonitis or sepsis, both of which are life-threatening without urgent treatment.

Even infants who survive NEC often endure lasting complications, such as:

• Short bowel syndrome

• Growth failure

• Developmental delays

NEC remains one of the most dangerous gastrointestinal emergencies in neonatal care.

Can NEC Be Prevented?

While it may not always be possible to prevent NEC, you can take steps to reduce your infant’s risk.

If your NICU recommends bovine-based formulas, ask about the associated NEC risks. Request an alternative nutrition plan that avoids cow’s milk-based formulas.

Feeding your baby human breast milk or breast milk-based formulas is one of the most effective preventive measures. Some options include human milk fortifiers or similar products designed to reduce reliance on cow’s milk formula.

The CDC advises exclusive breastfeeding for the first six months, though this can be challenging for many parents.

However, breastfeeding offers significant long-term benefits, including:

• Promoting growth through natural hormones

  Strengthening the immune system

  Lowering blood pressure in infants

Another preventive approach involves corticosteroid injections during pregnancy. These injections can enhance an unborn baby’s immune system and may reduce the risk of intestinal and lung issues.

Consult your healthcare provider to discuss these options and determine the best course of action for your child’s health.

Similac, Enfamil, and Other Formulas Tied to NEC Risk

Similac, produced by Abbott, and Enfamil, made by Mead Johnson, are two widely used bovine milk-based formulas that have been linked to necrotizing enterocolitis (NEC).

These formulas are offered in various product lines tailored to meet the specific nutritional needs of premature infants, with different caloric levels and supplements.

Both Abbott and Mead Johnson face lawsuits from parents who claim their products increased the risk of NEC in premature babies. These lawsuits allege the manufacturers failed to provide adequate warnings about the risks on their product labels.

It’s essential to note that the NEC Baby Formula Lawsuits concern infant formula products used in hospitals specifically for premature infants and not formulas sold to the general public.

The Link Between Cow’s Milk Formula and NEC

The infant formulas at the center of the NEC lawsuits are not the standard products available in stores for general use. Instead, they are specialized formulas, including Similac Special Care and Enfamil NeuroPro EnfaCare, formulated for premature or low birth weight infants in hospital settings.

These formulas are designed to meet the unique dietary needs of preterm infants by providing extra calories and protein to support their growth and development.

However, premature infants often struggle to digest cow’s milk proteins, which poses significant risks. The lawsuits highlight this concern, pointing to a link between these specialized formulas and an increased risk of developing NEC.

While these formulas are intended to support vulnerable infants, parents allege that manufacturers did not adequately warn about the potential dangers associated with their use.

Affected families also claim they were not informed about safer alternatives, such as human milk fortifiers or donor breast milk, which could reduce the risk of NEC.

What to Do If Your Child Has Been Diagnosed with NEC

If your child developed necrotizing enterocolitis (NEC) after being fed infant formula, you may be eligible to file a lawsuit seeking compensation for their injuries and associated damages.

Properly addressing and mitigating your child’s injuries is essential for their health and can also strengthen your case if you decide to pursue legal action against infant formula manufacturers.

Steps to Reduce the Impact of NEC

Seek medical treatment immediately if your child shows signs of NEC. The condition can be treated medically or surgically, depending on its severity.

Medical Treatment

If the intestine is intact, medical intervention is usually the first step. In 60–80% of cases, premature infants do not require surgery. Treatments include:

• Replacing feedings with intravenous nutrition through a catheter.

• Nasogastric tubes to relieve swelling and pain.

• Frequent blood tests to monitor health.

• Blood transfusions in severe cases to stabilize the infant.

Surgical Treatment

If the intestine is perforated or if medical treatment fails, surgery becomes necessary. During the procedure:

• The most damaged sections of the intestines are removed, allowing the healthy parts to function normally.

• An ostomy, an opening in the abdominal wall, is created to aid bowel recovery.

While surgery in premature infants can be challenging, success rates are high, and most babies recover within 6-8 weeks.

Talk to a Toxic Baby Formula Lawyer Today

If your child developed NEC after consuming Similac or Enfamil infant formula, you may qualify for financial compensation in a product liability or medical malpractice lawsuit. Consult with an experienced NEC injury lawyer to discuss your case and legal options.

Who is Responsible for NEC-Related Injuries?

Responsibility for your child’s necrotizing enterocolitis (NEC) diagnosis may rest with several parties.

Manufacturers of cow’s milk-based formulas, such as Abbott Laboratories and Mead Johnson, could be held liable for failing to warn parents and healthcare providers about the risks tied to their products.

Healthcare practitioners might also bear responsibility if they neglected to inform parents of the potential dangers of feeding these formulas to premature infants or failed to recommend safer alternatives.

Potentially Liable Parties

In a toxic baby formula NEC lawsuit, two primary parties could be held accountable for your child’s diagnosis:

1. The Manufacturers: Companies aware of the risks associated with their products may face liability for failing to warn about the dangers of cow’s milk-based formulas.

2. The Healthcare Practitioners: Medical professionals may be responsible if they fail to communicate the risks of using bovine-based formulas for premature infants or recommend them without proper caution.

Product Liability in Baby Formula Cases

Product liability lawsuits against formula manufacturers focus on proving that companies like Abbott Laboratories and Mead Johnson failed to provide adequate warnings about the risks of NEC.

The claims allege that these manufacturers::

• Knew or should have known about the heightened risk of NEC in premature infants consuming their cow’s milk-based formulas.

• Did not include sufficient warnings or instructions on their products to inform parents or mitigate potential harm.

• Marketed their formulas as safe alternatives to breast milk, leading parents and healthcare providers to rely on these products without understanding the risks involved.

Parents argue that these companies prioritized profits over safety, continuing to sell cow’s milk-based formulas without transparent warnings, despite the documented risks to vulnerable infants.

Filing NEC Baby Formula Lawsuits: Key Details

You may qualify for an NEC Baby Formula Lawsuit if your child was diagnosed with necrotizing enterocolitis (NEC) after consuming a bovine-based formula.

Understanding the civil litigation process and consulting a lawyer about the relevant statute of limitations or filing deadlines is critical.

This can be a challenging time, and reliable legal support can guide you through each step.

Why You Need a Baby Formula Injury Lawyer

Choosing the right personal injury lawyer is vital to ensure the strongest case and the best possible outcome.

Experienced lawyers specializing in infant formula lawsuits can:

• Evaluate and build your case.

• Guide you through the legal process.

• Pursue fair compensation for your child’s injuries.

If you’re concerned about the costs of hiring a lawyer, contingency fee arrangements are available.

What are contingency fees?

Under a contingency fee agreement, you pay nothing upfront. You only pay legal fees if your lawyer secures compensation for your case. This approach ensures everyone can access legal representation, regardless of their financial situation.

Gathering Evidence for an NEC Baby Formula Case

Building a strong case requires collecting evidence that links the formula to your child’s NEC diagnosis.

Possible evidence includes:

• Medical and feeding records documenting your child’s care.

• Photos and videos showing your child’s condition or recovery process.

• Witness statements from caregivers or medical professionals.

• Incident reports detailing any relevant events.

• Expert testimony on the risks of cow’s milk-based formulas.

• Marketing materials from formula manufacturers.

• Communications between healthcare providers and parents regarding feeding choices.

• Hospital protocols and guidelines for infant feeding practices.

• Other related evidence tying the formula to the NEC diagnosis.

Our lawyers will gather and organize this evidence to strengthen your case.

Calculating Damages in NEC Lawsuits

Damages represent the total losses—economic and non-economic—caused by an NEC diagnosis.

Defendants in NEC cases may be responsible for the following:

• Medical bills for treatment and recovery.

• Future medical costs for ongoing care.

• Pain and suffering endured by your child and family.

• Lost wages if parents missed work to care for their child.

• Permanent disability resulting from NEC complications.

• Lost quality of life for your child.

• Punitive damages to hold manufacturers accountable.

• Other damages specific to your case.

Our NEC Baby Formula Lawyers will work with you to calculate damages and ensure fair compensation for your family’s losses.

Baby Formula NEC Lawsuit Settlements: What to Expect

Parents pursuing claims against baby formula manufacturers may be eligible for compensation to cover medical expenses, lost wages, and pain and suffering.

No final settlements have been reached in the NEC Baby Formula Lawsuit, as cases are still ongoing.

This page will provide updates as more information becomes available about financial compensation for NEC Baby Formula cases.

Estimated Settlement Amounts

While no settlements have been finalized, legal experts estimate that settlements for NEC Baby Formula Lawsuits may range from $50,000 to over $500,000.

These figures are not guarantees but are based on outcomes from past product liability lawsuits.

Recent NEC trials have yielded significant verdicts:

• $495 million in one case.

• $60 million in another trial.

Both verdicts occurred outside the consolidated NEC MDL in the Northern District of Illinois, where many NEC Baby Formula lawsuits are currently centralized.

Eric Cardenas LAW: Advocates for Families Affected by NEC

With extensive experience in personal injury litigation, Eric Cardenas LAW has helped clients secure millions of dollars in compensation for injuries caused by negligence.

If your child was harmed due to a defective baby formula, you may be eligible to file an NEC Baby Formula Lawsuit.

Why Work with Eric Cardenas LAW?

• Proven Results: Experience in securing compensation for clients.

• Contingency Fee Basis: No upfront legal fees. You only pay if we win compensation for your case.

• Free Consultations: Contact us to discuss your case at no cost or obligation.

• Instant Eligibility Check: Use the Qualifying Quiz on this page to see if you qualify for an NEC Baby Formula Lawsuit.

If your family has been affected by NEC, we’re here to guide you through the legal process and help you seek justice. Contact Eric Cardenas LAW today.

Frequently Asked Questions

What is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a serious gastrointestinal disease that primarily affects premature infants born before 37 weeks.

It causes inflammation and bacterial infection in the intestines, leading to the death of intestinal tissue and possible bowel perforation.

While the exact cause of NEC remains unclear, factors such as prematurity, formula feeding, and an underdeveloped immune system increase the risk.

Symptoms of NEC include:

• Abdominal swelling

• Feeding intolerance

• Bloody stools

• Lethargy

Immediate medical attention is critical, as NEC can quickly escalate to sepsis or other life-threatening complications.

Does cow’s milk-based formula raise the risk of NEC?

Yes, cow’s milk-based formulas are linked to a higher risk of NEC in premature infants.

Studies show that preterm infants fed cow’s milk-based formulas are far more likely to develop NEC compared to those fed human breast milk.

This is because premature babies have underdeveloped digestive systems that struggle to process cow’s milk proteins. These proteins can cause inflammation, bacterial infections, and severe intestinal damage, sometimes leading to death.

Breastfeeding or using donor human milk is strongly recommended to reduce NEC risk in preterm infants.

Lawsuits against major formula manufacturers, including Abbott Laboratories and Mead Johnson, claim these companies failed to warn parents and healthcare providers about the increased NEC risks tied to their products.

Which baby formulas are linked to NEC?

Lawsuits have named Similac and Enfamil as brands linked to NEC in premature infants. Specific formulas include:

Similac Baby Formulas

• Similac Alimentum

• Similac Alimentum Expert Care

• Similac Special Care

• Special Care 30

• Special Care 24

• Special care 24 High Protein

• Special Care 20

• Similac Human Milk Fortifier

• Similac Human Milk Fortifier Hydrolyzed Protein – Concentrated Liquid

• Similac Human Milk Fortifier Powder

• Similac Liquid Protein Fortifier

Enfamil Baby Formulas

• Enfamil Human Milk Fortifier Powder

• Human Milk Fortifier Liquid High Protein

• Human Milk Fortifier Liquid Standard Protein

• Human Milk Fortifier Acidified Liquid

• Enfamil NeuroPro Enfacare

• Enfamil Premature

• 20 Cal

• 24 Cal

• 24 Cal/fl oz HP

• 30 Cal

• Enfamil 24 and DHA & ARA Supplement

Is there a class action lawsuit for NEC cases?

No, there is no class action lawsuit for NEC cases.

Instead, NEC lawsuits are being handled as multidistrict litigation (MDL) or filed individually in state courts.

Key Differences Between MDL and Class Action:

• Class Action: A single lawsuit where plaintiffs share a common issue, and settlements are divided among members.

• MDL: Individual lawsuits with common facts are consolidated for pretrial proceedings, but each case is judged separately.

How can I know if I qualify for an NEC baby formula lawsuit?

You may qualify if:

• Your child was born prematurely.

• They were fed cow’s milk-based formula like Similac or Enfamil.

• They were diagnosed with necrotizing enterocolitis (NEC).

Medical records documenting formula use and an NEC diagnosis will be vital for pursuing a case.

What are the expected settlement amounts in NEC lawsuits?

Settlement amounts for NEC lawsuits are not finalized, as cases are still pending.

Estimated settlements may range from $5,000 to over $500,000, depending on case specifics.

These figures are projections based on previous product liability cases and are not guarantees of compensation.

Visit this page for ongoing updates about NEC lawsuit settlements