What Are the Baby Formula NEC Lawsuit Qualifications & Criteria?

To understand the NEC baby formula lawsuit qualifications, it helps to look at how this litigation began and why so many families have come forward.

Over the years, hospitals across the country reported rising numbers of preterm infants developing necrotizing enterocolitis (NEC), a severe and often life-threatening intestinal disease.

Many of these premature babies were being fed cow’s milk based infant formula products, including Similac infant formula and Enfamil, rather than human milk or donor milk.

Medical studies published during this time showed that preterm infants fed cow’s milk-based formula faced a significantly higher NEC risk compared to those who received an exclusive human milk diet.

The mounting evidence led parents, advocates, and healthcare providers to question why the formula industry failed to issue stronger warnings for hospitals and parents.

As more families began filing claims, the litigation expanded nationwide.

The NEC baby formula MDL filed in federal court now consolidates hundreds of individual claims for more efficient pretrial proceedings, while additional NEC lawsuits filed in state court have produced major verdicts, including the NEC baby formula trial won by TorHoerman Law against Abbott Laboratories in Missouri.

The main allegations in NEC litigation include:

• Failure to warn: Manufacturers did not adequately warn hospitals and parents that cow’s milk based infant formula increases NEC risk in premature infants.
• Negligent marketing: Abbott Laboratories and Mead Johnson promoted products like Similac infant formula for use in NICUs without sufficient safety testing or warnings.
• Misleading claims: Labels and promotional materials suggested the formulas were suitable or beneficial for preterm infants despite contrary scientific evidence.
• Failure to recommend safer alternatives: Companies failed to inform healthcare providers about the benefits of exclusive human milk feeding or donor milk programs.

Currently, both federal and state NEC litigation continues to evolve, with ongoing bellwether cases testing liability and damages.

These lawsuits do not allege that cow’s milk-based formula directly causes NEC but that it significantly increases the risk for premature infants.

If your premature infant developed NEC after receiving an Enfamil cow’s milk-based formula or fortifier, your family may be eligible to pursue an Enfamil NEC lawsuit.

TorHoerman Law is no longer accepting NEC clients with claims against Similac.

We are still accepting clients with claims against Enfamil.

Contact our law firm for a free consultation or use the chatbot on this page to find out whether you may qualify for an Enfamil NEC claim.

Several factors may affect whether a family qualifies for an Enfamil NEC claim with TorHoerman Law.

Relevant information may include whether the child was born prematurely, whether an Enfamil formula or fortifier was administered in a hospital or NICU, whether the child was subsequently diagnosed with NEC, and the severity of the resulting injuries.

The sections below explain these criteria in more detail.

Your Child Received an Enfamil Formula or Fortifier

For claims currently being accepted by TorHoerman Law, the child must have received an Enfamil cow’s milk-based formula or fortifier manufactured by Mead Johnson.

Hospital and NICU feeding records may identify the specific product administered

Enfamil products named in NEC litigation include:

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

Similac products have also been named in the broader NEC litigation, but TorHoerman Law is no longer accepting new NEC clients with claims against Similac or Abbott Laboratories.

You’re the Parent of a Child Diagnosed With Necrotizing Enterocolitis (NEC)

Your child must have been diagnosed with necrotizing enterocolitis after receiving an Enfamil formula or fortifier for a potential claim currently being reviewed by TorHoerman Law.

Medical and feeding records may help document the Enfamil product administered, the timing of formula exposure and NEC diagnosis, and the injuries or treatment that followed.

Contact our law firm for a free consultation or use the chatbot on this page to find out whether you may qualify for an Enfamil NEC claim.

For an Enfamil NEC claim currently being reviewed by TorHoerman Law, relevant criteria may include premature birth, documented exposure to an Enfamil formula or fortifier, a subsequent NEC diagnosis, and resulting injuries or complications.

Medical and hospital records may provide evidence of these factors.

Gather Records Proving That Your Child Was a Premature Infant

First, you must show that your child was a premature infant.

Enfamil products named in NEC litigation include formulas and fortifiers marketed for premature and low-birth-weight infants.

The NEC baby formula lawsuits consist of plaintiffs whose children were premature babies.

Medical and hospital records may document the child’s gestational age, birth weight, and admission to a hospital or NICU.

These records may provide important information about whether the child meets the medical criteria associated with an Enfamil NEC claim.

Show Evidence That Your Child Received Enfamil While in Hospital Care

For claims currently being accepted by TorHoerman Law, medical or feeding records should document that the child received an Enfamil formula or fortifier in a hospital or NICU.

NICU feeding logs, medical records, and other hospital documentation may identify the specific Enfamil product administered.

These records may help establish the product involved and the timing of formula exposure before the NEC diagnosis.

Secure Medical Records Documenting the NEC Diagnosis and Resulting Injuries

Medical records should document the child’s diagnosis of necrotizing enterocolitis and the treatment or complications that followed.

Relevant records may include diagnostic imaging, surgical reports, pathology records, hospitalization records, and documentation of complications such as intestinal damage, infection, short bowel syndrome, or long-term gastrointestinal problems.

The timing of Enfamil exposure, the NEC diagnosis, and subsequent treatment may all be relevant when evaluating a potential claim.

The NEC baby formula lawsuits are essentially personal injury and product liability lawsuits.

As personal injury cases, the infant formula NEC lawsuits may have statutes of limitations or timeframes within which plaintiffs can file their cases.

The time limit or statute of limitations for many personal injury and product liability cases is two years from the discovery of an injury.

The filing deadline for an NEC lawsuit depends on the applicable state law and the circumstances of the claim.

Families with potential Enfamil NEC claims can contact TorHoerman Law for a free consultation to discuss the filing deadline that may apply.

Federal NEC lawsuits involving Abbott Laboratories and Mead Johnson have been consolidated in multidistrict litigation, or MDL No. 3026.

For product liability lawsuits like the NEC Baby Formula Lawsuits, a “discovery rule” may apply.

Discovery rules are exceptions made to the statute of limitations that state that a plaintiff may be eligible to file a lawsuit outside of the established statute of limitations for injuries due to the date they discovered or should have discovered that something may have contributed to their injury.

TorHoerman Law has represented families in NEC baby formula litigation, including serving as lead trial counsel in a 2024 case that resulted in a $495 million jury verdict against Abbott Laboratories.

Our law firm is currently accepting new NEC claims involving Enfamil products manufactured by Mead Johnson.

If your premature infant developed necrotizing enterocolitis after receiving an Enfamil cow’s milk-based formula or fortifier in a hospital or NICU, you may be eligible to pursue an Enfamil NEC lawsuit.

Medical records, NICU feeding records, product information, and documentation of the child’s injuries may provide important information when evaluating a potential claim.

TorHoerman Law is no longer accepting NEC clients with claims against Similac.

Contact our law firm for a free consultation or use the chatbot on this page to find out whether you may qualify for an Enfamil NEC claim.