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[2024 Guide] Toxic Baby Formula NEC Lawsuit Update | Similac and Enfamil NEC Baby Formula Lawsuits

Contact our NEC Baby Formula Lawyers for a free consultation. You can also use the chatbot on this page to find out if you qualify for a lawsuit instantly.

Key takeaways:

  • This page discusses the link between toxic baby formula and Necrotizing Enterocolitis (NEC) — a severe intestinal condition in premature infants.

  • Parents and guardians are filing lawsuits against baby formula manufacturers, alleging that the formulas contain harmful ingredients leading to NEC.

  • TorHoerman Law is actively investigating these claims and offering free consultations for affected families.

Most Recent Updates:

  • A total of 514 cases are currently pending in the Toxic Baby Formula NEC Lawsuit.

  • The lawsuit centers on claims that manufacturers did not adequately inform parents about the risk of NEC in premature infants fed cow's milk-based formula.

  • Our Toxic Baby Formula NEC lawyers are actively accepting new clients in this ongoing lawsuit.

TorHoerman Law — Your NEC Baby Formula Lawyers

Some brands of baby formula have been linked to a sometimes fatal gastrointestinal disease in premature babies.

Lawsuits are being filed against baby formula manufacturers, namely the producers of Similac and Enfamil, on behalf of children who have suffered.

Baby Formula NEC Lawsuit; NEC Baby Formula Lawsuit
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If your child received baby bovine-based (cow’s milk) baby formula in the maternity ward or NICU of a hospital, or you received bovine-based formula as a present from the hospital, and your child was subsequently diagnosed with necrotizing enterocolitis (NEC), you may be eligible to file a toxic baby formula lawsuit.

Contact the experienced baby formula lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

Table of Contents
Baby Formula NEC Lawsuit; NEC Baby Formula Lawsuit

Lawsuit Updates

June 3, 2024

The Toxic Baby Formula Lawsuit is ongoing. 

The lawsuits concerning Toxic Baby Formula and NEC focus on claims that cow’s milk-based infant formulas contribute significantly to the development of Necrotizing Enterocolitis (NEC) in premature infants, a serious gastrointestinal problem that can lead to severe health complications or death.

The number of case filings in the NEC Lawsuit increased from 496 in May to 514 in June.

NEC primarily affects premature infants, causing inflammation and necrosis in the intestines, which can lead to perforations, severe infection, and death.

Long-term complications for survivors include intestinal strictures, and short-gut syndrome, profoundly affecting their quality of life.

Scientific research highlighted in the NEC Lawsuit points to a strong correlation between cow’s milk-based infant formulas and increased risk of Necrotizing Enterocolitis (NEC) in premature infants.

Studies show that preterm infants fed exclusively on human milk-based diets had significantly lower rates of NEC compared to those who received cow’s milk-based formulas.

Families impacted by NEC due to toxic baby formulas are advised to consult with a toxic baby formula lawyer.

If your child or a loved one’s child has consumed cow’s milk-based infant formulas and developed NEC as a result, contact us today for a free consultation. 

You can also use the chatbot on this page for an instant case evaluation and to get in touch with our NEC Lawyers.

June 3, 2024

Infant Formulas and Baby Formulas Linked to Necrotizing Enterocolitis (NEC)

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

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

Formula feeding is common and recommended by many hospitals and medical professionals.

NEC Baby Formula Lawsuit, Baby Formula and NEC

However, your premature child’s health may be compromised if they have been fed 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 an NEC baby formula lawsuit.

In 2017, studies were published that showed bovine-based formulas led to an increased risk of developing NEC when compared to preterm infants fed human breast milk based baby formula or who were exclusively breastfed.

In addition, a mother’s breast 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.

What is Necrotizing Enterocolitis?

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

NEC creates intestinal inflammation, causing cells to die and holes to form in the digestive system.

These perforations then allow harmful and potentially deadly bacteria to leak in and infect the intestines.

What Is Necrotizing Enterocolitis (NEC)?

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
  • Infants who have received blood transfusions

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 or cow milk based formulas in a specific NICU.

Symptoms Of Necrotizing Enterocolitis (NEC)

Symptoms Of Necrotizing Enterocolitis (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%.

Necrotizing Enterocolitis (NEC) is a condition that requires immediate medical treatment.

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 feeding only human breast milk or breast milk based baby formula.

Human milk fortifiers and other similar products may also be an option for parents seeking alternatives to cow milk formula.

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 breast milk 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, Enfamil, Other Baby Formulas Linked To NEC Risk

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

Similac and Enfamil formula are comprised of several product lines that feature different supplements and caloric levels for the specific needs of premature babies.

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.

  • Learn more about the Similac Baby Formula Lawsuits here.
  • Learn more about the Enfamil Formula Lawsuit here.

Cow Milk Based Formula Risks

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 multi-organ 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.

What Brands of Baby Formula Products are Included in NEC Baby Formula Lawsuits?

What Brands of Baby Formula Products are Included in NEC Baby Formula Lawsuits?

Many of the formulas administered in hospitals contain cow’s milk and can potentially be harmful to premature babies specifically.

For now, only Similac and Enfamil Formula have been named in lawsuits.

Similac and Enfamil cow milk formulas named in the NEC Infant Formula Litigation include the following:

Similac Baby Formulas

  • Similac Alimentum
    • Similac Alimentum Expert Care
  • Similac Special Care
    • Special Care 30
    • Special Care 24
    • Special care 24 High Protein
    • Special Care 20
  • Similac Human Milk Fortifier
    • Similac Human Milk Fortifier Hydrolyzed Protein – Concentrated Liquid
    • Similac Human Milk Fortifier Powder
  • Similac Liquid Protein Fortifier

Enfamil Baby Formulas

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

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 breast milk or other alternatives may help avoid Necrotizing Enterocolitis.

What Can I Do If My Child Has Been Affected By NEC?

If your child was fed infant formula and subsequently developed Necrotizing Enterocolitis (NEC), you may be eligible to file an NEC Baby Formula Lawsuit and secure compensation for your child’s injuries and damages.

To learn more about the NEC Infant Formula Lawsuits and to get a free consultation, contact TorHoerman Law today.

Average Settlement Amounts for the NEC Baby Formula Lawsuit

If you are considering filing a NEC Baby Formula Lawsuit, it’s crucial that you mitigate your child’s injuries properly.

Mitigation is an important step in the legal process and helps strengthen your case against infant formula manufacturers.

Mitigate Injuries for Your NEC Baby Formula Lawsuit

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, premature infants do 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 premature infants 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 Similac or Enfamil baby formula.

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

Who is Liable For My Child’s Injuries?

Who is Liable For My Child’s Injuries?

In a toxic baby formula NEC lawsuit, two (2) parties may hold responsibility for your child’s necrotizing enterocolitis (NEC) diagnosis:

  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. Baby Formula Manufacturers: Product Liability Lawsuit

Negligence and insufficient warning of the possibility of necrotizing enterocolitis (NEC) 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 or cow milk 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.

Filing NEC Baby Formula Lawsuits: What to Know

You may be eligible for an NEC Baby Formula Lawsuit if you have had a child who was diagnosed with necrotizing enterocolitis after being administered bovine-based formula.

Do you qualify for the NEC Baby Formula Lawsuit

Be sure to learn about the civil litigation process and ask a lawyer about any relevant statute of limitations or filing deadlines.

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 is essential in ensuring that you get the most out of your case.

Experienced infant formula lawyers 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 NEC infant formula lawsuit, you might be wondering how much it costs to hire an experienced lawyer.

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

TorHoerman Law operates on a contingency fee basis, which means you do not pay for legal representation unless you receive financial compensation for your case.

Contingency fee agreements can be incredibly helpful in ensuring that you get proper representation regardless of your current financial situation.

Gathering Evidence for a NEC Baby Formula Lawsuit

You must compile adequate evidence supporting your personal injury case.

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

Gathering Evidence for a NEC Baby Formula Lawsuit

Possible evidence for NEC Infant Formula Lawsuits 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 potential baby formula lawsuit.

Assessing Damages in NEC Baby Formula Lawsuits

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.

Assessing Damages in NEC Baby Formula Lawsuits

In NEC Baby Formula Lawsuits, the defendant may be liable to pay for:

  • Medical bills
  • Future medical costs
  • Pain and suffering
  • Lost wages (parent’s wages)
  • Permanent disability
  • Lost quality of life
  • Punitive damages
  • Other damages

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

Your NEC Baby Formula Lawyers will help 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.

Baby Formula NEC Lawsuit Settlement Amounts

Individuals who file a claim in against baby formula manufacturers may be eligible for financial compensation for damages including medical expenses, lost wages, and pain and suffering.

The specific dollar amount for Toxic Baby Formula lawsuits is not yet available as the cases are still pending.

Baby Formula NEC Lawsuit Settlement Amounts

Visit this page for more updated information on financial compensation for the Baby Formula Lawsuit.

The NEC Baby Formula Lawsuit is still in its early stages and as of now, no settlements have been reached with baby formula manufacturers.

Our NEC Baby Formula Lawyers are following the litigation closely, and we estimate that NEC Baby Formula Lawsuits may result in significant settlements.

Estimated settlement amounts for NEC lawsuits may range between $5,000 to over $500,000.

These estimated settlement amounts are by no means a guarantee of financial compensation for NEC lawsuits, they are simply an educated guess based on results in previous product liability lawsuits.

TorHoerman Law - Toxic Baby Formula NEC Lawyers

If you believe that your child qualifies to participate in a NEC Baby Formula Lawsuit, contact TorHoerman Law to speak with an experienced attorney and receive a free, no-obligation 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.

Toxic Baby Formula NEC Lawyers

We’ve secured over $4 billion for our clients, and our lawyers are ready to help you.

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: Your NEC Baby Formula Lawyers.

Frequently Asked Questions

  • What is NEC?

    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.

  • Does baby formula cause NEC?

    Studies have linked bovine-based / cow’s milk formulas to an increased risk of necrotizing enterocolitis in premature infants.

  • What Baby Formulas Cause NEC?

    Similac and Enfamil baby formulas are mentioned in lawsuits filed against infant formula manufacturers Abbott and Mead Johnson.

    The formulas mentioned in the Baby Formula NEC Lawsuits include:

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

  • What Brands of Cow's Milk Based Baby Formula are Given at Hospitals?

    Bovine-based formulas commonly distributed at hospital NICUs and gifted from hospitals include: 

    • Enfamil
    • Similac
    • Earth’s Best
    • Happy Baby
    • Go & Grow
    • Gerber
    • Parent’s Choice
    • Baby’s Only
    • Loulouka
    • Holle
    • Kendamil
    • Bobbie
    • Lebenswert

  • Do I qualify for a baby formula NEC lawsuit?

    You may qualify for a toxic baby formula lawsuit if your child was subsequently diagnosed with necrotizing enterocolitis after:

    • They received a bovine-based formula while under the care of a hospital
    • Or you received a bovine-based formula as a present from the hospital

  • How Do I File A Claim In The NEC Lawsuit?

    To file a claim in the NEC lawsuit, you should speak with a qualified attorney who can help determine your eligibility and guide you through the claims process.

    If you believe you may qualify for the Toxic Baby Formula Lawsuit, you can use the chatbot on this page for an instant and free case review to see if you qualify to file a Baby Formula Lawsuit.

  • Is There A Deadline (Statute Of Limitations) For Filing Toxic Baby Formula Lawsuits?

    The statute of limitations for product liability lawsuits is typically two (2) years from the date of injury or discovery.

    Statute of limitations may differ depending on the state you file your NEC Baby Formula Lawsuit in and the specific circumstances in your case.

    Contact an attorney for more information on potential filing deadlines for your claim.

    An experienced NEC Lawyer will have the legal knowledge and expertise to help you determine any deadlines you must adhere to.

  • What Are The Average Settlement Amounts In The Toxic Baby Formula Lawsuit?

    Individuals who file a claim in against baby formula manufacturers may be eligible for financial compensation for damages including medical expenses, lost wages, and pain and suffering.

    The specific dollar amount for Toxic Baby Formula lawsuits is not yet available as the cases are still pending.

    Estimated settlement amounts for NEC lawsuits may range between $5,000 to over $500,000.

    These estimated settlement amounts are by no means a guarantee of financial compensation for NEC lawsuits, they are simply an educated guess based on results in previous product liability lawsuits.

    Visit this page for more updated information on financial compensation for the NEC Baby Formula Lawsuit.

Written By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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