Who is Eligible To File A NEC Baby Formula Lawsuit

by | Sep 10, 2023 | Mass Tort

Medical care providers often rely on baby formula to ensure prematurely born or underweight babies receive the necessary nourishment. However, studies have discovered a link between bovine milk-based formulas and cases of necrotizing enterocolitis (NEC) in prematurely delivered or underweight infants.

Premature or underweight babies who were fed certain Similac and Enfamil formulas have been seen to increase the risk of infants developing NEC. This discovery has prompted parents to file NEC lawsuits against baby formula manufacturers Mead Johnson and Abbott for failing to warn consumers about the potential risks associated with their products.

What is NEC?

NEC is a gastrointestinal condition occurring mostly in premature or underweight infants that causes the death of the intestinal tissue and has a fatality rate of up to 50%. Intestinal inflammation caused by this condition can lead to perforations in the intestine, resulting in the leakage of bacteria into the abdomen or bloodstream. This can cause severe illness or deadly infections. (Source)

Newborns who develop NEC may experience severe complications, including:

  • Sepsis
  • Peritonitis
  • Intestinal strictures, a narrowing of the intestines
  • Intestinal tissue scarring
  • Short bowel syndrome

Which Products Are Included In NEC Baby Formula Litigation?

Bovine milk-based baby formula products manufactured by Abbott Laboratories and Mead Johnson & Company that have been discovered to cause symptoms of NEC in premature and underweight newborns have been included in the NEC Baby Formula Litigation.

Despite the potential risks, Abbott Laboratories and Mead Johnson & Company marketed their products as safe and beneficial for premature infants. If your child has developed NEC because of any of the products listed below, you may have grounds for filing a baby formula lawsuit.

  • Abbott Laboratories
    • Similac
    • Similac NeoSure
    • Similac Alimentum
    • Similac Alimentum Expert Care
    • Similac Human Milk Fortifier
    • Similac Human Milk Fortifier Concentrated Liquid
    • Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
    • Similac Human Milk Fortifier Powder
    • Similac Special Care
    • Similac Special Care 20
    • Similac Special Care 24
    • Similac Special Care 24 High Protein
    • Similac Special Care 30
    • Similac Liquid Protein Fortifier
  • Mead Johnson & Company 
    • Enfamil
    • Enfacare Powder
    • Enfamil Premature 20 Cal
    • Enfamil Premature 24 Cal
    • Enfamil Premature 24 Cal/fl oz HP
    • Enfamil Premature 30 Cal
    • Enfamil Human Milk Fortifier Acidified Liquid
    • Enfamil Human Milk Fortifier Powder
    • Enfamil Human Milk Fortifier Liquid High Protein
    • Enfamil Milk Fortifier Liquid Standard Protein
    • Enfamil NeuroPro Enfacare
    • Enfamil 24 and DHA & ARA Supplement

Can I File A Baby Formula Lawsuit?

Individuals who are eligible to join the NEC litigation must meet the following requirements:

  • The baby was born prematurely or underweight.
  • The baby was fed baby formula exclusively and not a combination of breast milk and baby formula.
  • The baby was fed bovine milk-based formula or milk fortifier before developing symptoms of NEC.
  • The baby was diagnosed with NEC or another related condition, such as dead bowel or gut rot.

If you believe you meet these requirements, contact People for Law at the earliest. Our attorneys can help you determine if you are eligible to pursue a toxic baby formula lawsuit. According to the severity of your case as well as financial losses, you can claim damages including:

  • Medical expenses
  • Loss of income if you had to take time off to care for your child
  • Other expenses related to your infant’s condition
  • Pain and suffering, including emotional and mental anguish
  • Post-traumatic stress disorder

How Can People For Law Help You?

The defendants in mass tort cases are often powerful, large corporations with strong legal teams backing them up. NEC Lawsuits are highly complex, requiring plaintiffs to tread carefully around the intersection of science and law. Therefore, it is crucial to have the right attorney on your side with experience handling mass tort litigations to get a favorable verdict.

Our lawyers won’t settle for less than the amount you need to compensate for your expenses, mental and emotional anguish, and care for your child in the future. We understand the hardships you have gone through. The birth of a child is a moment of joy and fulfillment for many. When this event is marred by negligence and unethical practices of baby formula manufacturers, it’s truly heartbreaking. Nothing can ever make up for your and your child’s suffering and the time you have lost. For parents who were robbed of a chance to see their baby grow up, we will help you all fight for justice!

Conclusion

If you suspect that your baby may have been fed baby formula in the hospital, an experienced attorney can help you get to the truth. If you have fed your baby Similac and Enfamil after your baby was discharged from the hospital, be sure to preserve any receipts, proof of purchase, packaging, or boxes from the formula as evidence.

Before seeking compensation, it’s crucial to understand the value of your claim to avoid being underpaid and facing unexpected expenses. People for Law attorneys have the knowledge and resources to quantify your pain and suffering and claim compensation for both your economic and non-economic damages.