NEC Baby Formula Lawsuit
Cow’s milk-based baby formula and milk fortifier products (like Enfamil™ and Similac®) can greatly increase the risk of premature and low-birth-weight babies developing a potentially fatal intestinal disease called necrotizing enterocolitis (NEC).
Popular Baby Formula Brands Linked to NEC in Infants
Despite the growing body of evidence that establishes this risk, however, there have been no Enfamil, Similac, or cow’s milk-based baby formula recalls at this time.
Necrotizing Enterocolitis Lawsuit Updates 2024
The first necrotizing enterocolitis (NEC) infant formula lawsuits were filed against baby formula manufacturers several years ago.
Since then, many other lawsuits have been filed across the country concerning cow’s milk-based formulas and the development of NEC in premature infants.
These NEC infant formula lawsuits claim that:
- Although cow’s milk-based fortifiers and formulas are originally believed to be safe, extensive scientific research has confirmed these products can significantly increase the risk of NEC in low-birth-weight and preterm babies
- Product warnings and instructions were too broad and vague, failing to even mention the increased risk of intestinal problems like NEC and death
- Despite knowing of the heightened NEC risk, defendants have made no changes to the formula, packaging, instructions, or warning labels and have continued to use cow’s milk as the foundation of certain products, even though safer alternatives are available for preterm nutrition
- Defendants aggressively marketed their cow’s milk-based products as medically endorsed, equally safe, and nutritionally equivalent to human breast milk and targeted their ads to parents of premature infants
- Defendants have allegedly employed deceptive tactics to imply that the products are similar to or derived from breast milk when they really contain cow’s milk
In March 2024, an Illinois jury awarded $60 Million to the family of a child who passed away after developing NEC from Mead Johnson’s Enfamil formula.
Who Qualifies for the Baby Formula NEC Lawsuit?
You may be able to file an NEC baby formula lawsuit if your child was:
- Born prematurely
- Fed cow’s milk-based formula or milk fortifier
- Diagnosed with necrotizing enterocolitis (NEC)
Even if this happened years ago, you may still have a case. If your child suffered and it could have been prevented, you have rights.
Not Sure If You're Eligible?
During a free, no-obligation case review, a member of our team can listen to your story and let you know what your legal options may be.
What Baby Formulas Can Cause NEC?
- Avacare®
- Baby’s Only®
- Bobbie®
- Earth’s Best®
- Enfamil™
- Gerber®
- Happy Baby®
- Holle®
- Lebenswert™
- Loulouka™
- Kendamil®
- Parent’s Choice®
- PediaSure®
- Similac®
How to File an NEC Baby Formula Lawsuit
If you become a client of Sokolove Law, our infant formula lawyers can handle every step of the legal process for you. Let us take care of the legal legwork while you focus on your family during this difficult time.
Though every case differs, the process generally involves your lawyer and legal team:
- Getting more information to see if you can take legal action
- Gathering the evidence and testimony needed to build your case
- Filing the NEC infant formula lawsuit on your behalf
- Pursuing compensation in the form of a baby formula settlement or verdict
Infant Formula NEC Lawsuit Settlements and Verdicts
Generally speaking, NEC baby formula lawsuits may provide compensation to affected families in one of the following ways:
- NEC Lawsuit Settlements: Infant formula settlements occur when the plaintiffs (you and your legal team) and the defendants (the formula makers) are able to agree on an amount of compensation for your child’s injuries. This usually happens before the case goes to trial.
- NEC Verdicts: If an infant formula settlement isn’t reached, your case may proceed to trial, where a judge and jury can hear your claim and determine the outcome of your case through a verdict.
The first baby formula lawsuit payout recently awarded a $60 Million verdict to an Illinois family whose child passed away from NEC
What to Look for in a Necrotizing Enterocolitis Lawyer
- Free, No-Obligation Case Evaluations: Wondering if you can take legal action? During a free consultation, our team can listen to your story and let you know what your legal options may be.
- Over 45 Years of Experience: Sokolove Law has been helping injured clients and their families seek justice and compensation for more than four decades. Let us put our experience to work for you.
- Nationwide Availability: As a national law firm, Sokolove Law is able to help clients across the country get the help they deserve, regardless of where they may be.
- Results in the Billions: Our personal injury lawyers have recovered over $9.4 Billion for thousands of clients nationwide.
- Legal Help at No Upfront Cost: We’ll only get paid if your case results in compensation. There are no out-of-pocket fees to work with our team.
What Is Necrotizing Enterocolitis (NEC)?
“The only consistent observations made in infants who develop NEC are the presence of prematurity and formula feeding.”
– Children’s Hospital Los Angeles
Necrotizing Enterocolitis Complications
Sadly, necrotizing enterocolitis (NEC) is a serious condition that can often be fatal. The mortality rate for babies who develop NEC is estimated to be around 40%, making it the leading cause of overall infant mortality in the U.S., according to the NEC Society.
About 50% of the infants who survive NEC will develop long-term health complications, according to the Genetic and Rare Diseases Information Center (GARD).
Some of these health issues include:
- Brain injuries (like cerebral palsy or bleeding in the brain)
- HIE (hypoxic ischemic encephalopathy, a disorder that occurs when the brain doesn’t receive enough oxygen for extended periods)
- Sepsis
The cost of treating NEC and the health complications it may cause can often be too much for many families — but you may be able to take legal action that could hold the formula manufacturer accountable and recover compensation for your child’s treatment.
Necrotizing Enterocolitis (NEC) Symptoms in Infants
Because of the high mortality rate for babies with NEC, it is very important to watch out for the signs of NEC and act quickly if you recognize them.
Signs and symptoms of NEC in babies may include:
- Bloating or swelling of the belly (abdominal distention)
- Bloody stool
- Decreased activity (lethargy)
- Greenish-colored fluid (bile) in the stomach
- Poor tolerance of feeding (not being able to digest food)
- Temperature instability
If your infant is showing any of these NEC symptoms, consult a physician immediately.
Necrotizing Enterocolitis (NEC) Symptoms in Infants
Necrotizing Enterocolitis Formula Lawsuit FAQs
How long do I have to file a necrotizing enterocolitis formula lawsuit?
You only have a limited amount of time to file an NEC infant formula lawsuit due to state laws called statutes of limitations. Because these time frames vary from state to state, it can be difficult to know exactly how much time you have.
Once the deadline passes, however, you won’t be able to take legal action over your child’s injuries again.
How much does a toxic baby formula lawyer cost?
Does Similac and Enfamil formula cause NEC?
Is there cow’s milk in Similac?
- 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
What company makes Similac formula?
Abbott Laboratories, Inc. makes Similac formula. Unfortunately, research strongly suggests that formula and milk fortifiers made with cow’s milk, like Similac, have been shown to increase the risk of NEC — a serious, potentially life-threatening disease — in premature babies or babies with low birth weights.
If your baby suffered health complications relating to NEC after being fed Similac formula, you may be able to hold the makers of Similac accountable and pursue compensation for your child’s medical care through a Similac lawsuit.
Is there cow’s milk in Enfamil?
- Enfamil™ DHA-In-Sol
- Enfamil™ 24 Calorie Formula
- Enfamil™ Enfagrow® Toddler and Enfagrow Premium™ Toddler
- Enfamil™ Enspire™
- Enfamil™ Human Milk Fortifier Acidified Liquid
- Enfamil™ Human Milk Fortifier Powder (HCPM)
- Enfamil™ Liquid Human Milk Fortifier High Protein
- Enfamil™ Liquid Human Milk Fortifier Standard Protein
- Enfamil™ NeuroPro™ EnfaCare® Premature Baby Formula
- Enfamil™ NeuroPro™ Gentlease®
- Enfamil™ Nutramigen®
- Enfamil™ Premature 24 Cal
- Enfamil™ Premature 30 Cal
- Enfamil™ Premature Infant Iron Formula 20 Cal
- Enfamil™ Premature Infant Formula 24 Cal
- Enfamil™ Premature Infant Formula 30 Cal with Iron
Who makes Enfamil baby formula?
Mead Johnson & Company, LLC makes Enfamil formula. Sadly, a large body of scientific evidence links cow’s milk-based baby formula and milk fortifier products (like Enfamil) to an increased risk of NEC and other health complications in premature babies.
If your baby was fed Enfamil cow’s milk-based formula and later suffered from health issues like NEC, you may be able to pursue compensation through an Enfamil lawsuit.
Is Enfamil bad for babies?
Enfamil, Similac, and other cow’s milk-based infant formulas can increase a baby’s risk of developing certain health issues, like necrotizing enterocolitis (NEC). This risk is much higher in premature and low-birth-weight babies because their digestive systems aren’t fully formed.
If Enfamil caused your baby to experience NEC, you may be able to hold Enfamil maker Mead Johnson accountable and seek justice for your child.