Infant Formula NEC

Lawyers are helping families whose babies developed the severe intestinal disease Necrotizing Enterocolitis (NEC) after using cow milk-based baby formulas and fortifiers.

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Lawsuits are being filed against Similac and Enfamil for failing to warn of the dangers of their cow’s milk-based formulas and fortifiers to premature infants. Victims of NEC could receive compensation for:

  • Medical bills
  • Future medical treatment
  • Pain & suffering
  • Lost time & wages.
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Over the past 30 years numerous studies have found that premature infants face a higher risk of developing Necrotizing Enterocolitis(NEC) when fed cow’s milk-based infant formulas.

infant formula nec lawsuit

Similac and Enfamil Baby Formula NEC Dangers

Researchers suggest that the risk of the NEC may be as much as 6 to 10 times higher for infants born prematurely when they are not solely fed milk or formula based on human breast milk.  

Necrotizing Enterocolitis (NEC) is a serious bacterial gastrointestinal disorder. It can swiftly attack an infant’s intestinal walls, causing intestinal wall disruption or tissue necrosis. In some cases the disease can progress to organ failure or death. 

NEC nearly always affects babies born prematurely. It typically occurs two to six weeks after birth, and can be detected with the following symptoms:

  • Blood in the stool or diarrhea
  • Refusal to feed
  • Abdominal pain and swelling
  • Changes in heart rate, blood pressure, body temperature and breathing
  • Green or yellow vomit
  • Lethargy
  • Lack of weight gain.

Despite decades of studies and the availability of human milk-based formulas since 2014, makers of cow milk-based formulas and fortifiers have failed to warn parents of premature infants that their products may increase the risk of NEC. 

Lawyers fear that thousands of children may have been injured from inadequate formula based on the lack of warnings, and are now filing lawsuits for those families affected. If your child was injured by NEC, contact us today.

Do I Qualify for an Infant Formula NEC Lawsuit?

If your child was born premature and subsequently developed an abdominal condition like Necrotizing Enterocolitis (NEC), you may qualify for substantial compensation. 

Highly reputed experts from The Cleveland Clinic, American Academy of Pediatrics and University of Pittsburg School of Medicine have warned that premature babies face a higher risk of the dangerous intestinal disease NEC when given cow’s milk-based formulas. 

And, since 2014, safer alternative formulas derived from other sources have been available. 

Unfortunately, the makers of high-calorie cow’s milk formulas, Abbott Laboratories, the company that sells Similac, and Mead Johnson & Company, who sells Enfamil, have failed to advise parents, nurses or doctors of their product’s dangers. 

Lawyers will investigate the circumstances around your child’s birth and whether it was at risk for NEC, and whether it was given a dangerous formula or fortifier based on a lack of warnings from the manufacturer. 

These lawsuits are not filed against the doctors, nurses or hospitals that cared for your child, but rather the formula manufacturers that didn’t warn of well-known health risks from their products. 

Most parents of children afflicted with NEC don’t know the cause, or the legal rights available to them. It’s important to speak with a lawyer who can secure your medical records and help file a case before it is too late. Contact us today to speak directly with a lawyer about your claim.

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Timeline of Infant NEC Lawsuits

Latest Information on the Infant Formula NEC Litigation

2021
May
A lawsuit is filed in California against the makers of Similac infant formula by the parents of a premature baby who died of necrotizing enterocolitis for failing to warn about the risk of NEC when their formula is given to premature infants.
2021
May
Parents of a prematurely born Louisiana child who underwent surgery to remove a portion of his intestines damaged by necrotizing enterocolitis file suit against the makers of Similac and Enfamil after he was given the cow’s-milk based baby formula in the hospital.
2014
University of Pittsburg researchers state "It is well established that the risk of [NEC] is increased by the administration of infant formula..." after study finds infants born extremely premature can have a 320% higher risk of developing NEC if given cow’s-milk based formula.
2012
The American Academy of Pediatrics issues recommendation that premature infants should only be given human breast milk.
2011
May
The FDA warns that formula thickener SimplyThick should not be fed to premature infants because it may cause necrotizing enterocolitis.
1990
Cambridge UK study of 926 premature infants finds they were 6 to 10 times more likely to develop NEC if exclusively fed cow milk-based infant formulas.

Is There an Infant Formula NEC Class Action Lawsuit?

So far, no one has organized a Class Action Lawsuit for victims of infant formula necrotizing enterocolitis. However, lawyers are proposing a better alternative that will allow more legal options and greater compensation for families.

Lawyers representing children injured by Similac and Enfamil are proposing that the Judicial Panel for Multidistrict Litigation consolidate all federal infant formula NEC cases to a specialized court called a Multidistrict Litigation (MDL) court. 

This MDL venue, while often confused for a Class Action Lawsuit, is actually more beneficial for victims. In a class action lawsuit, one group of lawyers usually gather class participants who must share whatever is awarded.  

However, the individual participants in a MDL are able to select their own lawyer, exercise more control over their case and whether it settles, and reap higher award amounts for their separate lawsuit. 

MDL courts allow victims with similar injuries from a common defendant company band together their resources for greater strength, judicial efficiency and docket speed while keeping their compensation separated on a case-by-case basis. 

DrugNews works only with law firms that have handled tens of thousands of these specialized federal MDL lawsuits and are routinely selected for the influential MDL Plaintiff Steering Committees. Contact us today for the latest updates and to speak directly with a lawyer.

Choosing an Infant Formula NEC Lawyer

If your child was born premature and developed a serious abdominal condition like necrotizing enterocolitis, it is important to have your case examined by a legal expert to see if you’re entitled to compensation.  

Our qualified dangerous product injury lawyers will fully investigate your case, reviewing your child’s medical records, formula usage, safety warnings and the latest studies that your doctor may not normally discuss. 

Most states allow you several years to file a lawsuit after your child suffers an injury or after you discover it may be linked to a dangerous product. However, you should always begin the process as early as possible while memories are fresh, records are easily available, and to make sure your lawyer has time to prepare your case. 

DrugNews works only with attorneys and law firms that have successfully handled tens of thousands of lawsuits involving injury or death from consumer products, drugs and medical devices. And, you can speak directly with a lawyer or patient advocate today, so you’ll be able to decide if you want to proceed.

We make it easy to get help, find out what your case is worth, and quickly file a claim. Our services are offered at no cost, and you won’t pay anything to your attorney unless you receive an award. Also, our lawyers can handle most aspects of your case without you ever leaving your home.  

For more information, or to learn about your options - call, chat or email us today.

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