Toxic Baby Formula NEC Lawsuit Update September 2022 | NEC Formula Lawsuit

Premature childbirth can be wrought with stress, uncertainty, and vulnerability.

For many infants, there is no room for error in ensuring their health and growth, and this is especially true in regards to your child’s nutrition. 

However, your premature child’s health may be compromised if they have been fed baby formula based from cow’s milk.

Such formulas have recently been linked to necrotizing enterocolitis (NEC), a gastrointestinal disease found in premature infants.

If your child has suffered from the deadly necrotizing enterocolitis disease after being administered bovine-based formula, you may be eligible for a toxic baby formula lawsuit.

In 2017, studies showed that bovine-based formulas led to an increased risk of developing NEC when compared to preterm infants fed with human milk.

In addition, human milk is found to be the safest and most reliable source of nutrition for babies, especially those at risk of NEC.

Toxic baby formula is a real threat to premature infants.

Ask your doctor if moving off of bovine-based formulas is the right choice for you.

Similac (manufactured by Abbott) and Enfamil (manufactured by Mead Johnson) are two common bovine milk-based formulas that have been linked to NEC.

Both manufacturers are named in various lawsuits, with parents alleging that these products caused their premature babies to develop the gastrointestinal disease and risk were not presented on warning labels.

Necrotizing enterocolitis is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy (premature babies).

It creates intestinal inflammation, causing cells to die and holes to form.

This then allows harmful and potentially deadly bacteria to leak in and infect the intestines.

What Causes NEC?

While the direct source of NEC cases is inconsistent and can vary by child, there are several recurring factors that healthcare experts have identified:

• Feeding with bovine-based (cow’s milk) formula 
• Insufficient blood flow to the intestines after birth
• Underdeveloped intestine
• Intestinal injury
• Viral or bacterial infection of the intestines

There have also been a few instances of NEC appearing in several infants in the same neonatal intensive care unit (NICU) at once.

Necrotizing Enterocolitis itself is not contagious, so this could indicate that premature babies on the same toxic baby formula in the NICU could be contracting the disease at the same time.

These cases are few and far between, but it could potentially be an indicator of toxic baby formula in a specific NICU.

Symptoms of NEC

The condition’s danger can range from mild to fatal, and you must recognize the following symptoms if you believe your child is at risk:

• Abdominal pain and swelling
• Changes in heart rate and blood pressure
• Changes in body temperature and breathing
• Diarrhea with bloody stool
• Green or yellow vomit
• Lethargy
• Refusal to eat and lack of weight gain

Healthcare providers can diagnose NEC through tests checking for a swollen belly, blood tests, fecal tests, and x-rays.

How Dangerous is NEC?

Necrotizing enterocolitis is a disease that can have fatal consequences if left untreated.

Babies that weigh 5.5 lbs and up can face mortality rates up to 20%.

Smaller infants fare even worse.

Among babies 3.3 lbs and lower, the mortality rate can reach 50%.

It is a condition that needs immediate treatment.

However, current treatments for NEC are effective, and most treated babies fully recover without suffering lasting damage.     

Can I Prevent NEC?

In some hospitals, the NICU may recommend feeding your premature infant bovine-based formulas.

If they do, be sure to ask about the risks associated with NEC.

If NEC is a threat, request a formula not made from cow’s milk, and ask for a full review of your child’s nutrition plan. 

If feasible, stop feeding your baby bovine-based formula in favor of breastfeeding.

Doing so can significantly increase your chances of avoiding NEC.

The CDC recommends that babies be exclusively breastfed for 6 months after birth.

Statistically, doing this is difficult, but it can prove beneficial for your child in the future.

Other benefits of breastfeeding include:

• Providing growth hormones
• Immune system boosts
• Lower blood pressure in infants

Another alternative healthcare providers may offer is to improve your child’s immune system through corticosteroid injections before birth.

The injection improves an unborn child’s health and may reduce the risk of contracting lung and intestinal issues.

Be sure to ask your doctor if either of these courses of action could be suitable for you and your circumstances.

Similac (manufactured by Abbott) and Enfamil (manufactured by Mead Johnson) are two common bovine milk-based formulas that have been linked to NEC.

Both manufacturers are named in lawsuits, with parents alleging that these products caused their premature babies to develop the gastrointestinal disease and the risk was not presented on warning labels.

Cow milk-based formulas account for around 80% of formulas sold in the United States.

These formulas are treated with different additives, such as iron and additional lactose, to make it more nutritious and easier for infants to digest.

A study done involving premature babies with NEC found a direct link with cow milk-based formula.

Two premature babies with NEC died of multiorgan failure during the study.

Suit Filed Against Similac and Enfamil Manufacturers

In May 2021, a lawsuit was filed in Madison County, IL against Abbott and Mead Johnson by a Louisiana woman.

The woman's son, born prematurely in 2002, was fed Similac and/or Enfamil cow's milk-based products after birth and during his hospital stay.

He developed NEC, which required the removal of a portion of his intestines and has led to long-term health effects.

The suit also alleged that Abbott and Mead Johnson are negligent for "targeting" parents of premature infants with the false marketing of their infant formula products.

Many of the formulas administered in hospitals contain cow’s milk and can potentially be harmful to your child.

Here are popular bovine-based formulas to be aware of:

• Formulas used in NICUs
• Formulas gifted from hospitals
• Enfamil
• Similac
• Earth’s Best
• Happy Baby
• Go & Grow
• Gerber
• Parent’s Choice
• Baby’s Only
• Loulouka
• Holle
• Kendamil
• Bobbie
• Lebenswert

If your hospital administers any of these formulas in the NICU, consult with them on the best course of action for you and your child.

Stopping use and switching to breastfeeding or other alternatives may help avoid Necrotizing Enterocolitis.

If you and your child have suffered from the dangers of NEC, you may be eligible for a product liability or medical malpractice lawsuit and may be entitled to compensation.

To learn more about NEC from bovine-based formulas or to get a consultation, contact a toxic baby formula NEC injury lawyer from TorHoerman Law today.

Mitigate Injuries

If your child has developed necrotizing enterocolitis, seek treatment immediately.

In most cases, NEC is treated either medically or surgically.

If the intestine is not yet perforated, medical treatment is usually applied first.

For 60-80% of cases, the child does not need surgery.

Steps taken in medical treatment include:

• Replacing regular feeding in favor of an intravenous catheter
• Applying a nasogastric tube to relieve swelling and pain
• Frequent blood tests
• Blood transfusion in the worst cases

If the intestine is already perforated or if medical treatment is unsuccessful, surgery is required.

In surgery, the most damaged sections of the intestine are removed with the goal of allowing the undamaged sections to operate regularly.

An ostomy, or opening of the wall, is also made to let the bowels recover. Surgery in premature babies is stressful and comes with risk, but success rates are high, and babies typically recover after 6-8 weeks. 

Contact a Toxic Baby Formula NEC Injury Lawyer

Contact TorHoerman Law for a free consultation if your child has contracted Necrotizing Enterocolitis after being administered contaminated baby formula.

You may be entitled to financial compensation in a product liability or medical malpractice lawsuit.

In a toxic baby formula NEC lawsuit, two (2) parties hold responsibly:

1. The manufacturers who are aware of the risks of the formulas
2. The practitioners who may fail to mention the inherent dangers of feeding premature babies bovine-based formulas

1. Formula Manufacturers: Product Liability Lawsuit

Negligence and insufficient warning of the possibility of necrotizing enterocolitis in toxic baby formulas are grounds for a product liability lawsuit against baby formula manufacturers.

You may have a claim against them if your baby developed NEC after being fed their formula.

2. Healthcare Providers: Medical Malpractice Lawsuit

Medical malpractice lawsuits may occur when someone served by a healthcare provider suffer harm as a result of the provider’s negligence or incompetence.

This may apply to the healthcare providers who feed premature infants toxic baby formula without outlining the potential risks to your child.

This negligence may allow you to file a medical malpractice lawsuit.

Refer to our medical malpractice lawsuit information page to learn more.  

You may be eligible for a toxic baby formula NEC lawsuit if you meet the criteria above and have had a child who was diagnosed with necrotizing enterocolitis after being administered bovine-based formula.

Be sure to learn about the civil litigation process and file within your state's statute of limitations. 

This is a daunting situation to be in, so we’re here to help each step of the way.

If you have questions, do not hesitate to contact us for a free, no-obligation case consultation. 

Hire a Baby Formula NEC Injury Lawyer

Hiring the right personal injury lawyer in your corner is essential in ensuring that you get the most out of your case.

They will help assess and build your case, litigate your lawsuit, and get rightful compensation for your injuries.

In a personal injury case such as a baby formula lawsuit, something to be aware of in the legal process is contingency fees.

Contingency fees can be utilized in the instance where you cannot pay for an attorney, but are in need of one.

They’re payments that are made to the attorney only after you have received a monetary settlement in court.

These can be incredibly helpful in ensuring that you get proper representation without wasting your money.

You must compile adequate evidence supporting your personal injury case.

Strong evidence can greatly increase your chances of reaching a solid settlement.

Possible evidence you might gather can include:

• Photos and videos
• Witness statements
• Medical records of the administered formula and of the NEC affliction
• Medical bills
• Incident reports
• Public records

Your attorney will also help in the process of gathering evidence to build your case.

Your damages are the total amount the defendant is liable to compensate for injuries caused.

A premature child that contracted NEC is an instance where assessing economic damages should be straightforward.

The defendant may be liable to pay for:

• Medical bills
• Future medical costs
• Pain and suffering
• Lost wages (parent's wages)
• Punitive damages
• Other damages

For a toxic baby formula lawsuit, types of damages you may look for are medical expenses, pain and suffering, permanent disability, and future medical expenses.

A good personal injury lawyer will also aid you through this step in the process of filing a lawsuit.

To learn more about assessing damages, refer to our guide on personal injury damages.

If you believe that your child qualifies to participate in a toxic baby formula lawsuit, contact TorHoerman Law to speak with an experienced attorney and receive a free, no-obligation, case consultation to discuss your legal options today.

You can also use our chatbot to receive a free, instant online case evaluation right now.

TorHoerman Law is a personal injury law firm dedicated to fighting for individuals injured at no fault of their own.

We operate on a contingency fee basis as an assurance to our clients that we are as dedicated to getting the absolute best result for them.

Let us focus on fighting for you in court so that you can dedicate your full attention to what truly matters, the health of your child.

TorHoerman Law is your toxic baby formula injury attorney!