Baby Formula Lawsuit
The Carlson Law Firm is accepting clients whose premature infants have been diagnosed with necrotizing enterocolitis (NEC) after being given Similac or Enfamil baby formula containing cow’s milk. Contact a Baby Formula Lawsuit Lawyer at 800-359-5690 to discuss your legal options.
Necrotizing enterocolitis (NEC) lawsuits claim that the cow’s milk-based baby formula is causing premature (or premie) infants to develop a gastrointestinal illness condition. The Carlson Law Firm is helping clients sue Enfamil and Similac manufacturers for their failures to warn parents about NEC risks in premies.
Giving birth to a child is one of the most beautiful experiences a person can have. The early days of having a newborn baby are filled with joy, anxiety, and hope. Parents of NICU babies often question if they’re doing it right, if they’re visiting enough, and if they’re taking all the right steps to protect their littlest bundle. When companies put their bottom dollar over the health and safety of vulnerable populations, the injured parties deserve recompense.
Why are NEC Lawsuits Happening?
There is strong evidence that baby formula makers knew that cow’s milk in their formulas contributes to premature infants developing the serious gastric condition NEC. Our lawyers are pursuing Similac and Enfamil baby formula lawsuits for premature babies with necrotizing enterocolitis. No matter where you’re located in the United States, we can help.
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If you have a premature infant who was diagnosed with necrotizing enterocolitis after being given cow’s milk baby formula, contact our NEC Lawsuit Lawyers to discuss your legal options.
Recent Developments on the Baby Formula Lawsuit
August 2023: Consilidation
The Judicial Panel for Multidistrict Litigation took the step of consolidating a total of 252 lawsuits pertaining to NEC claims under the case MDL 3026 in Illinois. This consolidation was directed to U.S. District Judge Rebecca Pallmeyer. Presently, the litigation process remains in its initial phases, with no settlements or jury verdicts having received approval thus far.
August 15, 2023: The count of pending NEC baby formula lawsuits within MDL 3026 totaled 205.
April 2023: Growing Number of Cases
In April 2023, the number of cases pending within MDL 3026 was 157.
During April 2023: Ongoing negotiations amongst legal representatives have centered on the procedural aspects of conducting discovery. The involved parties are obligated to present a concise summary of any unresolved matters to the court before April 25, 2023.
March 2023: Science Day Set for May
A designated date of May 3, 2023 was set by the presiding judge for science day proceedings. This special session provides an opportunity for both sides to provide the court with a comprehensive overview of general medical and scientific themes related to the case.
March 2023 figures: The tally of NEC lawsuits awaiting resolution within MDL 3026 stood at 122.
January 2023: Pending Lawsuit Under 100
In January 2023: The case count in MDL 3026 showed a total of 97 pending lawsuits.
2022: Beginning of the Lawsuit
Back in December 2022: Four specific cases, namely Clarke, Cresap, Inman, and Mar, were selected by the defendants for the purpose of bellwether test trials.
October 2022: Plaintiffs chose four cases for bellwether test trials as well: Brown, Diggs, Lopez, and Koeth. Additional bellwether cases were drawn at random and involved McCarthy, Jacobs, Kelton, and Donaldson.
What Does the Future Hold for Baby Formula Lawsuits?
Anticipating trial activity for 2024: Legal practitioners think the initial trials might occur in 2024 as part of the NEC MDL. Notably, a distinct class action MDL 3037 is ongoing in Illinois, addressing Abbott’s recalled infant formulas. It’s important to clarify that these lawsuits are unrelated to the NEC formula litigation.
Schedule Your Free Consultation with an NEC Lawsuit Lawyer Today.
How do I know my baby had NEC?
Unfortunately, parents who lost their babies to NEC may not know. Alternatively, parents of children with long-term illnesses or developmental also may not know the cause of their child’s health condition. If you suspect your baby or toddler suffered from NEC in their early months of life, contact an NEC lawsuit lawyer. Our legal team is available to assist you in your fight against negligent companies.
In addition to discussing your baby’s condition with an attorney, it’s also possible that you may be able to identify your baby’s condition based on the type of baby formula they were fed.
Types of Baby Formula Named in NEC Lawsuits
The main formula brands with NEC lawsuits against them are Similac and Enfamil. If your premature infant received any of the following, you might be able to file a baby formula lawsuit.
Similac products given to premature babies that cause NEC may include the following:
- Special Care
- Human Milk Fortifier
- Alimentum Expert Care
- Similac Human Milk Fortifier Powder
- Liquid Protein Fortifier
- Special Care 20,
- Special Care 24
- Similac Human Milk Fortifier Hydrolyzed Protein — Concentrated Liquid
- Special Care 24 High Protein
- Special Care 30
Enfamil products given to premature babies that linked to NEC may include the following:
- Enfamil Human Milk Fortifier Acidified Liquid
- Human Milk Fortifier Powder
- Enfamil 24 and DHA & ARA Supplement
- Enfamil Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
- Enfacare Powder
- Enfamil Human Milk Fortifier Liquid High Protein
- Enfamil Milk Fortifier Liquid Standard Protein
- NeuroPro Enfacare
- Premature 20 Cal
- Premature 24 Cal
- Enfamil Premature 24 Cal/fl oz HP
- Enfamil Premature 30 Cal
If you recognize any of the above products, schedule a free consultation with a member of our compassionate legal team. Our NEC Lawsuit lawyers are available when you need us most.
What are baby formula lawsuits alleging?
No matter who your lawsuit is against, claims against these two manufacturers allege that these companies failed to warn consumers that their baby formula can cause preterm infants to develop necrotizing enterocolitis (NEC). In lawsuits again Similac, attorneys are arguing that Abbott has been fully aware of scientific evidence linking their product to higher rates of NEC in premature babies. Despite this knowledge, both companies failed to add any kind of warnings to product labels.
Did Similac and Enfamil cause NEC?
Similac and Enfamil are two of the most popular brands of infant baby formula. Both products are made from cow’s milk and given to newborns a substitute for breast milk.
Unfortunately, cow’s milk formulas are associated with NEC in premature infants. In fact, a 2019 study from Cochrane revealed that feeding a baby formula that contains cow’s milk nearly doubles the risk of developing necrotizing enterocolitis.
What is NEC?
Necrotizing enterocolitis (NEC) is a serious gastrointestinal issue that affects mostly premature babies. The condition is a serious gastrointestinal bacterial infection that results in the death or deterioration of tissues in the intestinal wall.
- Necrotizing refers to death in cells
- Entero refers to the intestines
- Colitis refers to inflammation
In short, NEC is the death of intestinal cells after serious inflammation occurs. The condition causes intestinal tissue inflammation which leads to tissue in these organs dying. As a result, a hole forms in the baby’s intestine, leaking bacteria into the abdomen or bloodstream.
How to Recognize if My Baby had Necrotizing Enterocolitis
The signs of NEC become apparent when there is a feeding intolerance, abdominal distension, and bloody stools after 8-10 days of age.
Typically, NEC ranges in severity. For example, some infants may have very mild cases and only mild discomfort. Others, however, experience extremely severe and life-threatening cases that can threaten the life of an infant. Necrotizing enterocolitis is linked to several conditions that parents should be aware of. These symptoms include the following:
- Green or yellow vomit
- Inability to gain weight
- Swelling and pain in the abdomen
- Changes in heart rate, blood pressure and body temperature
- Bloody stool
- Loss of appetite
- Refusing to eat
The estimated mortality rate associated with NEC ranges between 20% and 30%. The highest rate of NEC infant mortality is among those who require surgery. Recovery from NEC can result in long-term complications that may include intestinal stricture and short bowel syndrome.
If you suspect your baby developed NEC after being fed cow’s milk-based baby formula, contact an NEC Lawsuit attorney. Our team will discuss your legal options to hold Abbott Labaroties and Mead Johnson accountable. Get the justice you and your family deserve.
Prevention of necrotizing enterocolitis in premature infants
According to research, necrotizing enterocolitis is a devasting disease that many premature infants face. In some cases, the condition is largely preventable. For example, human donor milk is a safe alternative for premature babies when the mother’s milk is unavailable. Additionally, some researchers recommend giving premature infants “probiotics to alter the balance of the gut microbiome in favor of non-pathogenic bacteria” by mouth.
Who is eligible for an NEC lawsuit?
Our NEC lawsuit attorneys are reviewing claims for families who have children that were
- Fed Similac or Enfamil formula
- Born before 37 weeks
- Diagnosed with necrotizing enterocolitis
Our compassionate baby formula lawsuit lawyers are assisting families with injury or wrongful death lawsuits against formula manufacturers. Contact us at 800-359-5690 or fill out a form to determine your next steps.
How long will an NEC lawsuit last?
Lawsuits against formula manufacturers are in the very early stages of litigation. Mass litigation cases like these can take several years to resolve. It’s important that you hire an NEC lawsuit lawyer with the resources to see your case through until the end.
How long do I have to file an NEC Lawsuit?
Because the window for filing product liability lawsuits is limited to two to three years, depending on your state’s laws, it’s important that you consult with NEC lawsuit attorney as soon as possible. However, this should not discourage you from consulting with an attorney. Contact an NEC lawyer at 800-359-5690 to discuss your family’s situation and needs.
Who will I file an NEC lawsuit against?
Your lawsuit will depend on the type of baby formula used. If your baby was fed Similac, then you will file a lawsuit against Abbott Laboratories. Similarly, if your baby was fed Enfamil, your legal claim will be against Mead Johnson Nutrition.
Does baby formula cause NEC?
Yes. Credible science has made the connection between cow’s milk-based baby formula like Similac and Enfamil—when given to premature babies can result in the death and deterioration of tissues in their intestines.
Has there been a recall on Enfamil and Similac?
As of the publication of this article, the Food and Drug Administration has not recalled Similac or Enfamil baby formula—despite the packaging’s lack of a warning about an increased risk of NEC. Our team of NEC Lawsuit attorneys is looking into the following products:
- Similac Special Care, made by Abbott Laboratories
- Enfamil Human Milk Fortifier, made by Mead Johnson & Company
- Enfamil NeuroPro EnfaCare Infant Formula, made by Mead Johnson & Company
Our NEC Lawsuit Attorneys are pursuing these claims to ensure accountability for negligent baby formula manufacturers.
What is happening with NEC Lawsuits?
Since June 2021, parents have been bringing suits against Enfamil manufacturer Mead Johnson & Company. Similarly, parents have also begun filing lawsuits against Similac manufacturer Abbott Laboratories, Inc. In both of these instances, lawsuits allege the following:
- Design defect
- Failure to warn
- Wrongful death lawsuits
- Intentional misrepresentation
- Negligent misrepresentation
- Breach of warranty
As noted above, there is some discussion that the first NEC MDL trials could happen sometime in 2024. Our compassionate NEC lawsuit attorneys team wants to help your family get the justice you deserve. Contact us at 800-359-5690 to schedule a free consultation.
What information will I need to provide if I decide to file a Necrotizing Enterocolitis Lawsuit?
To file a Baby Formula Lawsuit, you will start by telling your story to one of our legal representatives. During your free consultation, you should feel comfortable asking questions about the legal process and what your attorneys will expect from you. Next, your legal representative will begin the intake process to determine the severity of your infant’s injuries. Then, your lawyer will need a medical history of your child. This is so we can build your case against Abbott Laboratories and Mead & Johnson Company by connecting the dots between the science of cow’s milk baby formula link to NEC and how it affects you and your family.
Finally, we pride ourselves on keeping our clients updated on the status of their cases.
Can I sue a hospital for feeding my baby cow’s milk formula?
In some cases, parents also bring claims against hospitals that fed their babies Enfamil or Similac. Because each case is unique, this may or may not be an option for your family. Consult with a qualified NEC Lawsuit attorney to discuss the specifics of your claim.
The Carlson Law Firm can help
For 45 years, The Carlson Law Firm has dedicated its services to helping victims of negligent companies. Our compassionate attorneys will treat your case with the respect it deserves. Cases like these can take years to resolve and our firm has the resources to represent your family until the payout. The Carlson Law Firm team can help hold negligent and careless companies accountable.
To get the legal representation you need, contact an NEC lawyer today to schedule your free consultation at 800-359-5690.