Was your premature baby diagnosed with NEC?
If your premature infant has consumed Similac or Enfamil baby formula and was later diagnosed with necrotizing enterocolitis (NEC), you may qualify for compensation.
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Frequently Asked Questions
For a premature baby, there is no room for error in ensuring their health and growth, and this is especially true in regards to your child’s nutrition.
Formula feeding is common and recommended by many hospitals and medical professionals.
However, your premature child’s health may be compromised if they have been fed formula based from cow’s milk.
Such formulas have recently been linked to necrotizing enterocolitis (NEC), a gastrointestinal disease found in premature infants.
In 2017, studies were published that showed bovine-based formulas led to an increased risk of developing NEC when compared to preterm infants fed human breast milk based baby formula or who were exclusively breastfed.
In addition, a mother’s breast milk is found to be the safest and most reliable source of nutrition for babies, especially those at risk of NEC.
Similac (manufactured by Abbott) and Enfamil (manufactured by Mead Johnson) are two common bovine milk-based formulas that have been linked to NEC.
Similac and Enfamil formula are comprised of several product lines that feature different supplements and caloric levels for the specific needs of premature babies.
Both manufacturers are named in lawsuits, with parents alleging that these products caused their premature babies to develop the gastrointestinal disease and the risk was not presented on warning labels.
In May 2021, a lawsuit was filed in Madison County, IL against Abbott and Mead Johnson by a Louisiana woman.
The woman’s son, born prematurely in 2002, was fed Similac and/or Enfamil cow’s milk-based products after birth and during his hospital stay.
He developed NEC, which required the removal of a portion of his intestines and has led to long-term health effects.
The suit also alleged that Abbott and Mead Johnson are negligent for “targeting” parents of premature infants with the false marketing of their infant formula products.
Necrotizing enterocolitis is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy (premature babies).
NEC creates intestinal inflammation, causing cells to die and holes to form in the digestive system.
These perforations then allow harmful and potentially deadly bacteria to leak in and infect the intestines.
Toxic Baby Formulas ma case severe gastrointestinal disease in premature infants. The lawsuit covers the following injuries:
- Necrotizing Enterocolitis (NEC)
- Gastrointestinal Damage
- Serious medical treatment such as surgery
Baby Formula NEC Lawsuit Updates
March 14, 2024
A St. Clair County Jury reached a verdict in a groundbreaking case involving baby formula manufacturer Mead Johnson.
The jury held Mead Johnson liable and awarded the plaintiffs $60 million, surpassing the requested amount by $35 million.
The lawsuit alleged that Mead Johnson failed to adequately warn parents about the increased risk of NEC in premature infants fed their formula.
This trial, part of multidistrict litigation with over 330 similar lawsuits nationwide, started on February 20th and involved a Fairview Heights mother who lost one of her premature twin babies.
During closing arguments, attorneys presented conflicting opinions from neonatologists regarding the relationship between cow’s milk-based formula and NEC.
While all agreed that formula increases the risk, opinions varied on the extent of the risk.
The jury, after almost four weeks of testimony, deliberated for less than two hours before reaching a verdict.
Following the ruling, Mead Johnson expressed surprise and disappointment, emphasizing that their products offer vital nutrition for premature infants and asserting that the plaintiff’s claims lacked scientific support.
The company is evaluating options, including a possible appeal.
This case is part of a larger legal battle against Mead Johnson and Abbott, with numerous parents suing to advocate for changes in feeding practices for premature infants in neonatal intensive care units (NICUs).
November 6, 2023
Four crucial bellwether cases have been chosen for trial in the NEC lawsuit, offering insights into how juries might respond to evidence presented in related lawsuits.
These trials involve infant deaths and severe complications resulting from NEC after using certain formulas.
While the trial dates are yet to be scheduled, they are anticipated to commence by 2024.
April 15, 2023
The FDA is making progress on issuing new standards for baby formula manufacturers.
Last month, the FDA sent a letter to all major baby formula manufacturers, packers, distributors, exporters, importers, and retailers outlining a strategy to prevent contamination of powdered baby formula products.
Since the influx of NEC Baby Formula Lawsuits and last years’ bacterial contamination of Similac and Enfamil formula, there has been increased scrutiny on the baby formula industry.
July 6, 2022
The Toxic Baby Formula Multidistrict Litigation (MDL 3026) is growing, with an average of about 30 cases added per month.
The MDL is centralized in the U.S. District Court: Northern District of Illinois.
Information on settlement amounts and such are still yet to be known.
April 8, 2022
The United States Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order on April 8th, consolidating all pending lawsuits into an MDL assigned to the U.S. District Court: Northern District of Illinois.
The newly created MDL will include the cases that were motioned and granted for consolidation in Madison County, IL this past winter.
The consolidation created a “mini MDL”, triggering Abbott and Mead Johnson to request that they be transferred to either Cook County or Lake County courts in the Chicago area.
Toxic Baby Formula NEC lawsuits involve Similac (manufactured by Abbott), Enfamil (manufactured by Mead Johnson), and other powdered baby formulas.
The contents of this webpage have been prepared for informational purposes only on behalf of TorHoerman Law and Paluch Law LLC at 210 South Main Street Edwardsville, IL 62025, www.torhoermanlaw.com, www.trulaw.com, babyformula@thlawyer.com, 888-508-6752 None of this information is intended as either legal or medical advice or opinions. No attorney/client relationship is established with use of this website. The choice of a lawyer is an important decision and should not be based solely on advertisements. Sending information through this site does not establish an attorney/client relationship. An attorney/client relationship with TorHoerman Law and Paluch Law LLC is established only by an express and written agreement by TorHoerman Law and Paluch Law LLC to represent you. Our attorneys make a case-by-case assessment of any claims and results may vary depending on the facts concerning any case. In some circumstances, cases may be sent to other qualified lawyers. In those circumstances, TorHoerman Law and Paluch Law LLC maintain joint responsibility.