Typically, children with low birth weights and preemies require additional nutrients to address the low weight and boost development. That is why many health care facilities and practitioners recommend these infants be put on baby formula if they cannot breastfeed. However, recent studies have shown that cow milk-based formulas increase the danger of developing necrotizing enterocolitis. The gastrointestinal disorder can cause the baby's intestinal wall to become inflamed and destroyed, resulting in blood poisoning, infection, and death. Regrettably, Mead Johnson & Company and Abbott Laboratories failed to add warning labels to their cow-based products. Parents in the U.S. who experienced the unthinkable are now bringing lawsuits against the manufacturers. If you think your child suffered injuries or died due to NEC after feeding the baby formula, you are entitled to compensation for the losses incurred.

Formulas Linked With Necrotizing Enterocolitis

Cow milk-based baby formulas like Similac and Enfamil increase the risk of children before 37 weeks developing necrotizing enterocolitis. Typically, the condition develops when preterm infants aged two- and six weeks feed on the formulas.

Since these formulas are rich in calories, most health care facilities depend on them to offer premature children immunity and nutrition. The formula also assists the babies in gaining weight. In addition, the baby product is beneficial as far as supplementing nutrition needs for breastfeeding premature babies experiencing latching challenges is concerned.

Alleged Similac products include the following:

  • Similac Alimentum

  • Similac Liquid Protein Fortifier

  • Similac Special Care 20, 24, 30, and 24 High protein

  • Similac Human Milk Fortifier

  • Similac Neosure

  • Similac Alimentum Expert Care

  • Similac Human Milk Fortifier and Hydrolyzed Concentrated Liquid

Alleged Enfamil products include the following:

  • Premature Infant Formula 24 Cal High Protein

  • EnfaCare Powder

  • Enfamil Premature 24, 30, 24 Cal

  • Enfamil Human Milk Fortifier Powder

  • Enfamil NeuroPro Enfacare

Understanding Necrotizing Enterocolitis

Necrotizing enterocolitis develops when tissues in the inner lining of the small or large intestine become damaged and start to die. It causes the intestine to be inflamed.

Usually, the disease affects only the intestine's inner lining, but its entire thickness can be affected finally.

In severe cases, a hole can be formed in the intestine wall. If this happens, the bacteria found in your baby's intestine can leak into their abdomen, resulting in infection. Since the condition progresses quickly, it is essential to seek immediate mediation if your child has NEC symptoms.

Generally, the symptoms of the condition include:

  • Abdominal bloating or swelling

  • Abdominal discoloration

  • Diarrhea

  • Vomiting

  • Poor feeding

  • Bloody stool

  • Fatigue

  • Fluctuation in temperature

  • Slowed breathing patterns

  • Low blood pressure

Your infant child can also manifest symptoms of infections like fever, disrupted breathing, apnea, and lethargy. Other severe injuries your child is likely to suffer from include:

  • Loss or removal of large or small intestines

  • Cerebral palsy

  • Peritonitis

  • Sepsis

  • Short bowel syndrome

  • Narrowing of the intestines

What Causes NEC

The cause of the NEC is unknown. However, doctors believe that lack of sufficient oxygen during challenging deliveries can be the main contributing factor. When there is lowered blood or oxygen flow to the baby's intestines, it can weaken, allowing bacteria from the food to enter the intestines to damage the intestinal tissues.

Numerous scientific research and clinical studies have proved the relationship between infant formulas and NEC.

Additionally, studies have established that premature children fed only human breast milk are less likely to suffer from necrotizing enterocolitis and death. Milk-based baby formulas are complex for children to digest due to the food's bacteria make-up, contributing to NEC.

Also, the formulas cannot be sterile and can increase the risk of severe bacterial infections for preemies.

Does Similac or Enfamil Cause NEC?

In 2011, a group of health care facilities claimed that premature children given human breast milk are at reduced risk of suffering from NEC than those given cow milk-based baby formulas. Also, the American Academy of Pediatrics issued a directive in 2012 that preterm children should only feed on human breast milk.

Research conducted in 1990 with 926 premature babies as the participants showed that:

  • Preterm children fed on cow-based baby formulas are about six (6) to ten (10) times at risk of developing the gastrointestinal disease in question than premature babies given only human breast donor milk.

  • Also, formula-fed premature children were three (3) times at risk of developing the condition than children who received both formula and breast milk.

How NEC is Diagnosed

A physician can diagnose necrotizing enterocolitis by conducting numerous tests and physical exams. The medical expert will touch the infant's abdomen and check for tenderness, pain, and swelling during the examination. They will then conduct an x-ray that provides comprehensive images of your baby's intestine, permitting your doctor to see signs of damage and inflammation with ease.

The doctor can also run a guaiac test to search for blood in your child's stool.

Moreover, the doctor can order specific blood tests to determine the child's white blood cells count and platelet levels. Platelets facilitate blood clotting while white blood cells fight infections. High white blood cell counts or a low platelet level can indicate NEC.

The physician can also insert a needle into the child's abdominal cavity to look for fluids in their intestine. Usually, the existence of the fluid means the intestine has a hole.

NEC Treatment

There are several ways of treating the condition. Your baby's treatment plan depends on the seriousness of the ailment, your child's age, and general health.

More often than not, the physician will request the mother to stop breastfeeding the juvenile. The child will receive nutrients and fluids intravenously. The child also requires antibiotics to fight the infections. If the child is experiencing breathing challenges due to their swollen abdomen, they should receive additional breathing or oxygen help.

Surgical procedures can also be required in serious cases. The process involves removing the damaged intestinal sections.

The doctor should monitor your child closely throughout the treatment to ensure the condition does not worsen.

The Current Litigation State of Affairs

Many parents have filed lawsuits against cow milk-based formula manufacturers like Mead Johnson (Enfamil's maker) and Abbott Laboratories, Inc. (Similac's manufacturer) for causing preemies to develop or succumb to NEC.

Typical causes of legal action are:

  • Wrongful death if the juvenile died

  • Negligence

  • Strict liability due to the failure to issue a warning

  • Negligent misrepresentation

  • Intentional misrepresentation

  • Strict product liability for defective product

Probably, the most substantial claim is failing to issue a warning revealing the necrotizing enterocolitis risks. Companies spend a lot of money on development and research and usually discover dangers associated with their products during the process. These companies have a responsibility to advise you of the risks. That is why you have a right to receive compensation from a company that causes you and your loved one injury and does not advise of the potential risk.

It is particularly true when a manufacturer was aware that their product was unsafe but concealed it from consumers to safeguard their reputation and increase their profit margin. There exist reasonable beliefs that Mead Johnson or Abbott knew of the risks associated with their baby formulas and did not warn the public. If there were sufficient warnings on the baby formula's labels, pediatricians, doctors, and neonatologists could have preferred human breast milk to the cow-based milk infant formula.

The U.S. Federal Food, Drug, and Cosmetic Act regulates baby formulas as food. Therefore, it would not have been a challenge for these manufacturers to include the warning label.

Class Actions

NEC victims' parents have filed claims in Illinois courts against both Mead Johnson and Abbott. In December 2021, the plaintiffs' attorneys requested the Supreme Court combine the lawsuits into a class action. On January 3, 2022, the court granted these defendants an extension to respond.

Generally, Illinois law is empathic to victims. Therefore, many parents throughout the United States prefer taking legal action in Illinois.

Additionally, plaintiffs brought another class action in November 2021 in Illinois against Abbot. The class action alleges that the manufacturer issued a deceptive, misleading, and fraudulent marketing statement arguing that Similac Pro Advance provides similar benefits to human donor breast milk. This lawsuit seeks refunds.

Multidistrict Litigation

Attorneys are in initial litigation stages involving the increased risk of NEC in infants. Lawyers are now accepting new cases.

As the number of lawsuits continues growing, the plaintiffs' lawyers will likely consolidate the infant formula claims against the defendants into multi-district litigation. An MDL is a mass tort product liability litigation similar to a conventional class action. However, in MDLs, claims remain separate and are only consolidated for pretrial discovery.

The Chief Justice of the Supreme Court of the U.S. will appoint a panel consisting of seven (7) members. The panel will transfer civil cases from the courts where the plaintiffs initially brought them to a federal district court. Cases filed following the MDL formation can be transferred later.

The judge presides over settlement conferences, discovery proceedings, and pretrial motions. They can dismiss the entire case or some claims and will preside over discovery and pretrial proceedings for civil cases that proceed.

The court will then schedule a bellwether trial that will indicate what you should expect with your lawsuit. If the bellwether plaintiffs win, the defendant will be motivated to negotiate settlements of remaining lawsuits.

Who is Eligible for the Lawsuit?

If your preterm child was diagnosed with NEC after feeding on Enfamil or Similac, you could bring the baby formula lawsuit for compensation.

Your child could have fed the baby formula in the hospital. If you are not sure, your experienced attorney can help find out. Ensure you provide them with the healthcare facility's name and its location.

After the child was discharged from the hospital, you could have given them the Enfamil or Similac baby formula. As a parent, you should always keep proof of purchase, receipts, and packaging boxes for evidence.

If you believe you qualify to take legal action, you should consult with an experienced lawyer straight away. First, your attorney will investigate the case to determine if you have a valid claim. Then your law expert will draft a complaint that you will file with the court.

You should file your claim before the statute of limitations expires. The SOL to bring your NEC lawsuit will depend on numerous factors, including:

  • The state where the NEC-related injuries happened in

  • Who is filing the lawsuit (it could be an estate, the parents, the child — Sometimes children have a maximum of twenty-one years to press charges)

  • Discovery rule (when the plaintiff discovered the disease)

  • Exemptions that can toll the SOL from running

What is the Average Compensation Amount?

There is no exact answer to this question.

Numerous variables go into damages in the lawsuits. Much depends on the panel that issues the verdict. It also depends on the degree of injuries your preterm baby suffered.

The Compensation Amount Depends on the Degree of Intestinal Tissues' Damage

While different babies respond differently to developing the gastrointestinal health condition in question, what remains consistent is that the disease can be fatal.

The degree of care measures depends on the seriousness of the individual case. Any seasoned attorney will tell you that babies either succumb to the condition or suffer permanent life-enduring damage.

The duration that your child experiences pain and survives after developing NEC plays a significant role in your damage award. The more serious the case, the more considerable the compensation amount. Your premature child will require more medical attention and increase the risk of enduring complications resulting in pain and suffering.

Even if your child recovered from the disease, you qualify for compensation for medical expenses incurred and pain and suffering endured during the recovery process.

Different Damages Awarded in Product Liability Claims

You are lawfully entitled to compensation for losses incurred. Here are the common damages plaintiffs are seeking.

  • Medical care costs — Plaintiffs who settle or win their claims want financial compensation for all NEC-linked medical expenses, whether ongoing, past, or future.

  • Pain and suffering — Additionally, plaintiffs can receive compensation for pain and suffering (both mental and physical) caused by disease treatment and injuries. It includes loss of enjoyment, anger, anxiety, fear, and emotional distress.

  • Loss of consortium — You also have the right to receive the intangible benefits (affection, nurturing, and care) that your injured child offers your family.

  • Lost income and reduced earning capacity — You are entitled to lost income damages if you took time off from your work to take care of your minor child. A baby with permanent NEC-linked disabilities can also seek lost future income.

Survival Actions and Wrongful Death

When your child succumbs to necrotizing enterocolitis, survival and wrongful death laws allow recovery of damages, such as:

  1. Burial and funeral costs

  2. Your child's pain and suffering before their demise

  3. Medical expenses before the demise

  4. The deceased's expected income

Has Abbott Recalled Similac?

Despite the significant NEC risk, Similac baby formula remains on the market. The Food and Drug Administration has not recalled the product.

If your child does not develop necrotizing enterocolitis, Similac can be a great option to offer the baby calories, particularly if they have challenges breastfeeding.

Prolacta, a human milk-based fortifier, is an effective alternative to Similac. You can also acquire pasteurized human donor milk through either the European Milk Bank Association or the Human Milk Banking Association of North America.

How an Experienced Lawyer Can Help You

Seeking compensation from an infant formula manufacturer for your baby's NEC demise or injuries is complicated, overwhelming, and needs an understanding of the law. That is why you require a knowledgeable attorney to take the legal battle on your behalf. They can:

  • Review the case, analyze your claim's viability, and assist you in determining the most effective legal options to pursue

  • Answer your questions and address concerns

  • Thoroughly investigate the matter and gather the relevant evidence

  • Handle the necessary paperwork and ensure it is filed timely

  • Engage experts to establish liability and validate the claim

Parents Have Previously Brought Baby Formula Lawsuits Against Doctors

Before parents even brought claims against baby formula manufacturers, they sued medical practitioners for medical malpractice. Before recommending Similac and Enfamil, physicians should have been aware that the formula had a greater risk of causing infections.

Parents won many lawsuits against doctors, resulting in multi-billion-dollar verdicts and settlements.

Other Infant Food Products-Related Claims

There are currently many class-action lawsuits against makers of baby foods for manufacturing products with toxic elements. The 2021 congressional report revealed that specific baby foods have poisonous heavy metals such as mercury, cadmium, lead, and arsenic. The metals can cause autism, severe brain damage, among other health conditions.

Find a Skilled Mass Tort Lawyer Near Me

Low birth weight and premature children have challenges nursing and require additional nutrition to address the medical conditions. Doctors and parents turn to baby formulas to supplement the baby's nutrition, expecting the baby product is safe. Unfortunately, cow milk-based formulas by Enfamil and Similac have been linked to NEC. Also, the manufacturers did not add a warning label on their product, causing parents to endanger their children's lives. These companies should ensure their products are safe.

If your child suffered from NEC, the legal team at Consumer Alert Now can review the case, explain your rights and the next steps towards holding the defendant accountable for your loss. We have previously assisted plaintiffs in receiving compensation for losses incurred due to another person’s negligence throughout the United States. Call us at 800-511-0747 for a confidential, no-obligation consultation.