The lawsuit against baby formula claims infants who consumed cow’s milk formulas like Enfamil and Similac developed NEC. Necrotizing enterocolitis is an infection causing intestinal damage or fatal death. Lawsuits claim that Abbott and Mead Johnson were supposed to educate parents about the risks.

Until January 2024, around 342 active baby formula, NEC lawsuits have been pending in Illinois under the US District Judge Rebecca R. Pallmeyer. The very first NEC test trials began after the risk was discovered in 2022. However, there still have been no discussions regarding jury selection or procedures.

Candidates Who Can File for NEC Baby Formula Lawsuit

Candidates who can file for the NEC baby formula lawsuit are caregivers and parents of infants who developed the disease. Babies might have been fed with the baby formula in the hospital. Or they might have purchased it from pharmaceutical shops.

Recalls Considering the Enfamil and Similac Baby Formula

Enfamil and Similac baby formulas have not yet been recalled for necrotizing enterocolitis. But Abbott issued the baby formula recall for bacterial contamination in February (last-to-last year). That was after infants died from this severe infection.

Considering the FDA, different strains of Cronobacter sakazakii were found in March 2022. However, there weren’t any bacteria in the product samples. Note that Cronobacter may cause severe disease in infants, even death. The symptoms include irritability, jaundice, fever, crying, etc. You should consult the physician right after seeing these symptoms in your child.

An Overview of the NEC Baby Formula Lawsuits

It’s a claim parents can file due to their infant’s issues. According to the claim, premature or underweight infants developed necrotizing enterocolitis upon consuming cow’s mile formula. NEC is a severe gastrointestinal ailment causing intestinal tissue death. Furthermore, it might lead to severe health issues or even death.

Premature babies who consume baby formula are at higher risk of NEC. Manufacturers Mead Johnson and Abbott knew about these risks. In addition, they were about to warn the public.

April 2022 was the time when the judges consolidated the Enfamil and Similac lawsuits into multidistrict litigation. The cases claim that cow’s milk formula products have higher risks of causing NEC.

Understanding the Steps to File an NEC Lawsuit

If you qualify for the NEC lawsuit, you should take the following steps to file the claim.

Assessing Your Eligibility

First things first, you need to meet the eligibility criteria. That means you must prove that you are the infant’s parent who consumed the formula.

Next, you need to show evidence that your child developed NEC because of toxic breast milk substitutes.

Collect Records of Your Child Being Premature

You need to show that your child is born premature. Enfamil and Similac formulas are used as human breast milk substitutes for premature infants. The baby formula comprises plaintiffs whose kids are premature. You must show your infant’s prematurity by providing the medical certificate. You can also show the hospital admission record.

You can consult a seasoned NEC baby formula attorney to gather the evidence and other medical records. That will give you a solid ground on providing the facts meticulously.

Evidence of the Consumption of Milk-Based Formulas

Next, you need proof that your child consumed the milk-based formula in hospital care. The infants must have received formula feeding in the hospital. You can show proof by providing photocopies of your child’s treatments and other medical records. With the medical records, your lawyer can better establish the case to fight for your justice.

You must collect and give the evidence and proofs to your attorney for them to use these records.

Securing Evidence Proving the Infant Child was a Premature and Developed NEC

The actions should provide the three elements: personal injury, medical malpractice, and product liability lawsuits:

• Duty of care
• Causation
• Negligence

You must also prove damages for your lawyer to build a solid NEC lawsuit. A crucial element is to show that damage or injury occurred. In such lawsuits, the injury is quite simple to pinpoint. If the child has developed necrotizing enterocolitis, you can show the proofs accordingly. You can also strengthen the claim by presenting the medical reports of the NEC diagnosis. Above all, your infants must have got the diagnosis while receiving hospital care in the NICU.

After Everything Else

With all the above proofs, you can find justice for your infant. Remember, the baby formula lawsuit is a personal injury case. So, it might have statutes of limitations within which the plaintiff can file. The statute of limitations or time limit for these cases is around two years from the diagnosis. So you can discover and proceed with the filing accordingly with a competent attorney. Find a reputed mass tort cases lawyer to find justice for your baby.