Similac/Enfamil NEC Law Firm

Attorneys for Baby Formula Lawsuits

Similac & Enfamil NEC Baby Formula Lawsuit

Infant Formula Lawsuit AttorneysResearch is showing a strong link between cow’s milk based formula given to premature babies and necrotizing enterocolitis (NEC) (significant gastrointestinal illness). Similac and Enfamil NEC lawsuits are beginning to be brought against the manufacturers of cow’s milk infant formulas.

Let’s take a look at how Similac and Enfamil increase the chance of NEC for premature babies. We will also exame NEC claims and lawsuits, and potential settlement value.

WHAT ARE THE PREMATURE BABY FORMULA LAWSUITS ABOUT?

Families who have lost their baby or have babies who have suffered severe complications from NEC are beginning to bring lawsuits across the country against Enfamil and Similac.

The claim is based on the legal theory that Enfamil and Similac, the baby formula producers ,should be warning consumers about the possible hazards of their products.

Furthermore, the plaintiffs think Abbott Laboratories and Mead Johnson & Company (the parent companies for Enfamil and Similac) should be held liable for knowingly promoting their products to parents and medical professionals treating premature newborns while they were aware that the formula might induce NEC.

LAWSUITS AGAINST SIMILAC AND ENFAMIL FOR CAUSING NEC IN PREMATURE INFANTS

Similac and Enfamil lawsuits are currently being filed across the country. The legal basis for the claim is that cow-milk-based infant baby formula significantly increases that many preterm babies will develop necrotizing enterocolitis. This disease can be deadly and cause severe complications for those who survive.

Warrior is now looking into possible Similac cases against Abbott Laboratories Inc., the formula maker, for neglecting to warn about the dangers of NEC connected with Similac and Enfamil. Parents who file a successful NEC case for infant formula might be awarded a large sum of money. Our infant formula attorneys go through the possible compensation amounts in the Similac NEC claims in greater detail below.

More importantly than the money or settlement, we are looking to protect the most vulnerable and innocent from dangerous baby formula products, and prevent these products from being sold in the future by bringing lawsuits against the manufactures. 

Do You Qualify for the NEC Lawsuits?

The following are our law firm’s criteria for accepting new clients: 

  • Child born after 1994,
  • Child born premature,
  • Fed cow’s milk-based formula while still premature,
  • Developed necrotizing enterocolitis (intestinal infection), and
  • Suffered serious complications or caused death as a result of the infection.

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Studies & Resources

(links open in new window)

The science is clear…cow’s milk based infant formula increases the chances of a premature infant developing NEC significantly.

Peer reviewed research studies have proven cow-milk based formual has a 4.2 fold increased risk of NEC, and a 5.1 fold increased risk of surgy requirement and death! If this outrages you, then it should. Abbot Laboratories and Mead Johnson are responsible for the death of thousands of premature babies.

2011 Study

2016 Study

2017 Study

The Surgeon General of the United States stated in 2011: “for vulnerable premature infants, formula feeding is associated with higher rates of NEC.” Click Here for Link

FAILURE TO WARN OF POTENTIAL NEC

Similac baby formula brand is manufactured and sold by Abbott Laboratories Inc. Mead Johnson manufactures Enfamil. The research connecting Similac to greater risks of NEC in preterm newborns was known to Abbott. Despite this scientific proof, Abbott has neglected to put any form of warning label on its Similac and Enfamil products alerting physicians and parents to the higher risk of NEC related with Similac and preterm children.

NEC LAWYERS FOR BABY FORMULA

Several big law firms around the country are working on Enfamil formula injury compensation lawsuits for various families who feel the producers of Similac and Enfamil are at least partially to blame for their child’s death or catastrophic damage.

The relationship between NEC and cow’s milk-based infant formula has been established, and plaintiffs think Abbott Laboratories and Mead Johnson & Company owed it to premature babies to do more to safeguard them.

One of the Similac formula lawsuits filed, for example, asks why these two corporations continued to promote their products exclusively for preterm low birthweight kids even after the relationship to NEC was established.

Every year, thousands of newborns are born prematurely and underweight in the United States, and many of them will have had their food supplemented by these items. As a result, it’s probable that in the following years, a large number of NEC cases will be brought. Whether you or a loved one has been harmed by faulty infant formula, contact Warrior now for a free case review to discover if you qualify to join one of the cases against Abbott Laboratories and Mead Johnson.

NEC LAWSUIT CONCERNING BABY FORMULA

Unfortunately, firms that manufacture Enfamil formula often make the headlines for the wrong reasons. Baby milk products are carefully advertised as scientifically proven to aid in the growth of our children, and the firms behind them depict themselves as knowledgeable and compassionate.

Companies have been accused of misrepresenting the advantages of their goods on occasion. DHA (a kind of fatty acid) added to Similac formula, for example, is said to aid with brain development, although the data is shaky at best.

Worse, manufacturers are often accused of marketing dangerous goods. Mead Johnson and Abbot Laboratories aren’t alone in this. A Neocate infant formula case connected to bone damage in children, for example, is now pending. A DHA infant formula case was also filed in 2011 as a class-action complaint against Enfamil’s makers for making false and deceptive claims concerning their goods. This isn’t the first time one of these corporations has been involved in a legal battle over infant formula.

Abbott Laboratories, for example, was compelled to pay a $32.5 million settlement in 1996 after 17 states accused it of price-fixing in the Enfamil formula industry. Does this imply that infant formula manufacturers are dishonest? Not in the least.

The present baby formula legal lawsuits, on the other hand, seek to guarantee that the goods they give are safe for our children and that they compensate families who have lost a child or experienced major damage as a result of faulty baby formula.

SIMILAC LAWSUITS: WHAT IS THE CURRENT STATUS?

The case regarding Similac and Enfamil and the increased risk of NED in preterm newborns is still in its early stages. In courts around the nation, more Similac NEC cases are being filed against Abbott. In all 50 states, our Similac formula lawyers are taking new cases.

Similac and Enfamil lawsuits are being based on the legal claim of failure to warn. This is a strict liability claim, as opposed to negligence for a typical car accident lawsuit.

As the number of NEC infant formula claims grows, all ongoing Similac actions in federal courts are expected to be merged into a new “class action” MDL (multi-district litigation). MDLs are comparable to typical class actions in mass tort product liability lawsuits, except that the cases remain distinct and are only combined for pretrial discovery. A class action in meritorious instances with substantial damages and solid proof of the defendant’s liability has historically been a road to a worldwide settlement?

HOW MUCH WILL SIMILAC LAWSUIT SETTLEMENTS BE?

The Similac NEC case is still in its very early stages. None of the NEC claims involving Enfamil formula has yet been resolved or brought to trial. This makes speculating on the prospective settlement value of these lawsuits very difficult. Our baby formula attorneys, on the other hand, may look at previous medical malpractice settlements and judgements in which the principal damage was NEC in a preterm newborn. It is realistic to expect settlements to be in the range of $100,000-$1mil depending on the injury severity.

STATISTICS ON NEC

Although some rare instances have manifested in adults, NEC is nearly primarily encountered in very young children. While NEC may affect non-preterm newborns (those born after 37 weeks of pregnancy), it is much more frequent in preterm babies with low birthweight. Preterm newborns account for nine out of 10 incidences of NEC. NEC affects around 3% of kids born weighing between 1251 and 1500 grammes (2lbs 12.13 ounces – 3lbs 4.9 ounces), while it affects roughly 11% of newborns born with very low birth weight, weighing less than 750 grammes (1lb 10.46 ounces). Unfortunately, around 15 out of every 100 instances of NEC end in death, and many of the newborns who survive will have long-term health issues.

SIMILAC MAY INCREASE THE RISK OF NEC IN PREMATURE BABIES

Similac is a well-known brand of baby formula manufactured from cow milk and used to replace human breast milk in babies.

Giving cow milk formulas like Similac and Enfamil to preterm newborns raises their risk of a deadly bowel illness called necrotizing enterocolitis, according to medical research and clinical trials (NEC).

The severity of NEC cases varies. NEC may be relatively mild in certain situations, causing just a little pain. A small fraction of NEC instances are severe, and the baby’s life might be jeopardized. NEC causes significant intestinal irritation and discomfort. Serious instances of NEC, if not treated promptly, may result in a perforation or hole in the intestinal wall as the tissue dies.

If NEC creates a perforation in the gut, it may be very harmful to the newborn and perhaps deadly. The hole permits germs from the gut to enter the abdominal cavity and cause infection. This may quickly turn into a broad internal infection, leading to sepsis, a life-threatening bloodstream infection.

The scientific evidence connecting NEC to Similac extends back over 30 years, but a new study has definitively shown that preterm newborns fed Similac (or other cow-milk-based formulas) have a considerably greater risk of NEC than those fed breast milk. Premature newborns who are given cow-milk infant formula, such as Enfamil or Similac, are up to ten times more likely than those  given breast milk to develop NEC accordinng to leading research.

The American Academy of Pediatrics and many other renowned public health groups have issued strong warnings against giving Similac or other cow-milk formulas to preterm newborns as a result of this.

LAWSUIT AGAINST SIMILAC BABY FORMULA

Abbot Laboratories produces the Similac line of infant formulas. The firm has been around for more than 90 years, and its tagline is “The Guarantee of Similac,” which means “we promise to keep your kid nourished, happy, and healthy.” The NEC newborn harm claims do not mention all Similac products. It especially refers to cow’s milk-based goods, notably those intended for preterm newborns that need extra nutrition. Similac Neosure, Similac Human Milk Fortifier, and Similac Special Care are among the products mentioned in current Similac infant formula litigation.

  • Similac also makes the following cow’s milk-based products:
  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Powder
  • Similac Human Milk Fortifier Powder
  • Similac Special Care (Similac Special Care) (Similac Special Care) (
  • Similac Special Care (Similac Special Care 24)
  • Similac Special Care 24 is a high-protein formula.
  • Similac Special Care 30 Enfamil Baby Formula

Mead Johnson, like Abbot Laboratories, has a lot of expertise in making infant meals. Edward Mead Johnson, the firm’s founder, was a co-founder of the famed Johnson & Johnson corporation before leaving to start his own in the late 1800s. Mead Johnson & Company focuses on children’s nutrition today. Premature newborns may have died or been seriously injured as a result of cow’s milk-based formula from Mead Johnson’s Enfamil line, according to the complaints.

Please note that Abbott Laboratories is named as a co-defendant in some of the cases brought by Mead Johnson and vice versa. This is because many of the preterm infants who died or were damaged were given both Similac and Enfamil formulas. Enfamil products from Mead Johnson include

  • Enfamil Powder
  • Enfamil 24 and DHA & ARA Supplement
  • Enfamil Human Milk Fortifier Acidified Liquid
  • Enfamil Human Milk Fortifier Liquid High Protein
  • Enfamil Human Milk Fortifier Acidified Liquid.
  • Enfamil Milk Fortifier Liquid Standard Protein
  • Enfamil Human Milk Fortifier Powder
  • Enfamil NeuroPro Enfacare
  • Enfamil Premature 20 Cal, Enfamil Premature 24 Cal, Enfamil Premature 24 Cal/fl oz HP, Enfamil
  • Premature 24 Cal/fl oz HP, Enfamil Premature 24 Cal/fl oz HP, Enfamil Premature 24 Cal/fl oz HP, Enfam
  • 30 Cal Enfamil Premature

UPDATE ON THE 2021 BABY FORMULA LAWSUIT

As previously stated, the preterm infant formula claims are still in their early stages, and child harm lawyers are urging impacted families to come forward. However, some lawsuits have already been filed.

In May 2021, the parents of Daniel Renteria-Hernandez filed a lawsuit in the Eastern District of California against Mead Johnson and Abbott Laboratories. According to the lawsuit, the businesses neglected to appropriately warn parents and doctors about the risks of giving their formulas to premature and underweight kids.

Daniel, who died of NEC two days after his birth in 2019, weighed just 2 pounds at birth and was given Similac throughout his brief life. The wrongful death complaint accuses the formula manufacturers of carelessness, negligent misrepresentation, and breach of contract, among other things.

In August 2021, a federal court rejected Abbott Laboratories’ efforts to dismiss a wrongful death action filed by a Connecticut family. In October 2020, a complaint was brought for the death of infant Aries Peterson. Following more considerations by the Connecticut Supreme Court, the suit will now proceed.

With that in mind, how much do you think the Similac Baby Formula Lawsuit Settlement Amounts will be?

In the seven most recent malpractice claims our lawyer discovered for NEC in preterm newborns, the average judgement or settlement value was roughly $3.5 million. In these seven NEC cases, the median monetary award was $1.3 million. Because Abbott and Mead are more at-fault than physicians and nurses, our infant formula attorneys believe the trial value is likely more than this.

Settlements in what will almost certainly become a class action lawsuit are almost always less than the trial value. With the proviso that it is very early and a lot of material has to be found, our lawyers estimate that the Similac NEC claims will settle for $300,000 to $800,000 per person, depending on the degree of the baby’s damage.

Similac NEC infant formula litigation are discussed on this page. Our attorneys explain: 1. how Similac (and Enfamil) induce NEC; 2. the state of Similac NEC claims and where they are headed; and 3. the potential settlement worth of Similac baby formula lawsuits for injuries and wrongful death for preterm infants who have suffered from NEC.

This website is updated on a regular basis to reflect the most recent developments in the infant formula lawsuit. The most recent update occurred on November 13, 2021.

START HERE TO LEARN ABOUT THE DANGERS OF NEC

Necrotizing enterocolitis is a life-threatening condition. To demonstrate the hazards of NEC, we may split it down into its etymology: necrotizing (tissue destruction), entero- (intestines), and colitis (inflammation of the colon). While no one knows what causes NEC, knowing its term might help us understand how it affects a baby.

NEC can cause a narrowing of the intestines (intestinal stricture), a hole in the intestine (intestinal perforation), intestine scarring, inability to absorb food after damage/removal of the intestine (short bowel syndrome), and a severe infection in the abdomen (peritonitis) or throughout the body (sepsis). Unfortunately, complications from NEC might result in the infant’s death in certain circumstances.

NEC SYMPTOMS

The following are some of the most prevalent symptoms of necrotizing enterocolitis. Please keep in mind that this list is not exhaustive:

  • Stomach discomfort
  • Stomach swelling
  • Blood in the infant’s stool
  • Lethargy (tiredness)
  • Vomiting, particularly if green or yellow in colour
  • Changes in heart rate, blood pressure, respiration, or body temperature

NECROTIZING ENTEROCOLITIS CAUSES

Although there is no clear etiology for NEC, medical specialists have identified some circumstances that make the illness more likely to manifest. As you would think, a lot of it has to do with the features that preterm low birthweights premature babies have in common.

Premature newborns, for example, are known to have weakened immune systems, which may limit their capacity to fight illness. Furthermore, preterm newborns frequently have poorer digestive tract and gastrointestinal issues, which affects their capacity to fight gut infection. Another concern is that preterm newborns’ oxygen-carrying blood has a harder time reaching the intestines.

While the difficulties listed above are not direct causes of NEC (at least not yet confirmed to be), they are among the circumstances that often contribute to the illness. Furthermore, although there are many unknowns concerning NEC, we can state categorically that low birth weight and premature delivery are risk factors.

Furthermore, it has been established (and known for some years) that preterm newborns given cow’s milk-based formula, such as Similac or Enfamil, have a higher risk of developing NEC. Claimants in the Similac and Enfamil cases are questioning why there are no warning labels (or another equivalent cautious advising measures) on these products, at the very least.

WHAT PREMATURE BABIES ARE AFFECTED BY NECROTIZING ENTEROCOLITIS?

NEC is most often connected with preterm kids (about 9 out of 10 NEC cases are discovered in preterm babies), especially those born before 28 weeks, although it may also happen after a blood transfusion or when a child is fed via the stomach (enteral nutrition). While medical specialists are aware of who is at risk for NEC, there is no agreement on what causes the disease.

WHAT KINDS OF BABIES ARE AFFECTED BY NECROTIZING ENTEROCOLITIS?

NEC is most often connected with preterm kids (about 9 out of 10 NEC cases are discovered in preterm babies), especially those born before 28 weeks, although it may also happen after a blood transfusion or when a child is fed via the stomach (enteral nutrition). While medical specialists are aware of who is at risk for NEC, there is no agreement on what causes the disease.

NEC DIAGNOSIS AND TREATMENT

NEC symptoms often appear during the first two weeks of a baby’s life. Because NEC has been connected to preterm kids, especially those with low birthweight, physicians are likely to keep an eye on such babies for NEC signs such as blood in the stool, lethargy, vomiting, and stomach enlargement.

However, not all symptoms are obvious, and NEC is typically not identified until the doctor has taken an X-ray of the child. The doctor will examine the X-ray for evidence of damage to the intestine (NEC may cause it to seem bubbly) or air in the veins of the liver.

They may also use a needle to examine for evidence of fluid in the belly, which may indicate bowel perforation, or stool samples and blood testing. Because NEC may vary in severity, therapy will be determined by a variety of criteria, including the baby’s age, health, and strength. Treatment options range from intravenous feeding, withholding eating, and administering antibiotics to removing the gut or intestines in more severe instances.

FREQUENTLY ASKED QUESTIONS

IS AN NEC LAWSUIT RIGHT FOR YOU?

We can assist you in fighting for your rights and compensation if your kid was diagnosed with NEC, was delivered prematurely, and used Enfamil or Similac infant formula.

Is it possible for a newborn to acquire NEC more than once?

Yes, and this may need more surgery. NEC may potentially cause long-term health problems and, in the worst-case scenario, the infant’s death.

Is Enfamil or Similac infant formula responsible for NEC?

NEC is not proved to be caused by Enfamil or Similac. Several studies, however, have shown that preterm newborns who are given these items are more likely to develop NEC. The central claim in the NEC cases is that the defendants – Abbot Laboratories and Mead Johnson & Company – were aware of the risks yet continued to promote the medicines to preterm newborns despite knowing about them.

Is it possible for non-preterm newborns and adults to have NEC?

Yes, although it’s far more uncommon in infants delivered beyond 37 weeks. Around 90% of instances of NEC have been detected in preterm (born before 37 weeks of pregnancy) newborns, with a few cases of NEC being discovered in adults.

How can I keep my kid safe from NEC?

Because no one knows for sure what causes NEC, it’s difficult to know how to avoid it. While a healthy newborn is unlikely to acquire NEC if your baby is underweight or delivered prematurely, the chances of having NEC are somewhat increased (although still relatively rare). If you have any concerns, call your healthcare practitioner as soon as possible.

Is there a recent NEC case involving preterm infants?

Abbot Laboratories and Mead Johnson & Company have been sued by many prominent law firms specialized in child harm. The NEC legal actions are still in the early stages of development, and additional claimants are anticipated to join the claims in the near future. If you suspect your kid has been impacted by a faulty formula that has resulted in NEC, utilize Warrior’s form on the left side of this page to speak with a competent personal injury lawyer who is familiar with the Enfamil and Similac cases.

Warrior Personal Injury Lawyers
1902 W. Colorado Ave., Ste. 100
Colorado Springs, CO 80904
719-888-3540