What Are the Baby Formula NEC Lawsuit Qualifications & Criteria?

Overview of the NEC Baby Formula Lawsuits

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.

By 2022, Abbott and Mead Johnson faced hundreds of NEC claims, with the number growing as more parents learned of the connection between formula feeding and NEC.

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 being fed Similac or Enfamil, your family may be eligible to take legal action.

Contact TorHoerman Law, the firm that helped lead one of the first major NEC verdicts against Abbott, or use the chatbot on this page to instantly determine whether your case qualifies.

What Are the Conditions or Criteria for an NEC Baby Formula Lawsuit?

Before filing an NEC lawsuit, you must first determine if you have are eligible.

To find out if you qualify to file an NEC Baby Formula Lawsuit, contact our law firm or use the chatbot on this page to find out if you are eligible in under two minutes.

The sections below outline criteria that determines eligibility for the NEC Baby Formula Lawsuit.

Your Child Was Formula-fed Similac, Enfamil, or Other Human Milk Substitute Formulas

To file a case against infant formula companies, your child should have received infant formula while in the neonatal intensive care unit (NICU).

There are many types of breast milk substitutes and infant formulas covered by the NEC baby formula lawsuits.

NEC baby formula lawyers have named the following Similac baby formulas in lawsuits:

• Similac Special Care
• Similac Human Milk Fortifier
• Similac NeoSure
• Similac Alimentum
• Similac Alimentum Expert Care
• Similac Human Milk Fortifier Concentrated Liquid
• Similac Human Milk Fortifier Powder
• Similac Liquid Protein Fortifier
• Similac Special Care 20
• Similac Special Care 24
• Similac Special Care 24 High Protein

You may also be eligible to file an NEC formula lawsuit if your child has developed NEC from the following Enfamil baby formulas:

• Enfamil Human Milk Fortifier Acidified Liquid
• Enfamil Human Milk Fortifier Powder
• Similac Special Care 30
• Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
• 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

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

Your child may have developed NEC after consuming the aforementioned Similac and Enfamil baby formula products.

The consumption of these baby formula brands and your child’s NEC diagnosis may establish negligence and causation, two critical elements to NEC baby injury lawsuits.

If you have any questions or concerns about your potential Baby Formula Lawsuit, contact our law firm or use the chatbot on this page for an instant case evaluation.

How Much Is an NEC Formula Lawsuit Worth? (NEC Lawsuit Settlement Amounts)

When families bring claims as part of the NEC infant formula MDL or through separate lawsuits in state courts, the potential compensation varies significantly depending on the individual facts.

Because each case involves different levels of injury, varying treatment costs, ongoing needs, and degrees of negligence on the part of the formula makers, there is no fixed payout amount.

However, our experience and public-filings indicate broad ranges that help set reasonable expectations.

Estimated NEC baby formula lawsuit settlement values are below:

• For cases where a pre-term infant was fed cow’s milk based infant formula (such as Similac or products by Abbott Laboratories and Mead Johnson) but ultimately fully recovered with minimal long-term impact: approximately $50,000 to $150,000.
• For more serious cases involving significant surgeries, prolonged hospitalization, developmental delays or lifelong medical care: estimates commonly run $150,000 to $500,000+.
• For the most severe claims (where a baby died (wrongful death lawsuit) or requires lifelong high-level care) verdicts have already reached tens of millions of dollars in state court, signaling that compensation in such cases could reach $1 million to several million dollars or more, especially once bellwether test trials begin to define liability and damages.

What Drives the Value of a NEC Baby Formula Lawsuit?

Several important factors determine how much a family may receive in compensation through an NEC baby formula lawsuit.

Because every case involves unique medical details and levels of harm, settlement values can vary widely from one claim to another.

Courts and attorneys consider both the severity of the infant’s injuries and the strength of the evidence linking those injuries to the cow’s-milk-based formula.

The following factors are among the most significant in determining the potential value of your NEC claim:

• The severity of the baby’s injury, including whether surgery was required, whether long-term disabilities are present, or whether death occurred.
• The extent to which the NEC risk was increased by the feeding of the formula and the role of the NICU/hospital in selecting or administering the product.
• The clarity of medical records, diagnosis, feeding history and the strength of causation evidence in your claim against the formula makers.
• The role of healthcare providers and hospital protocols (whether warnings were given, whether human or donor milk was available, etc.).
• Whether an individual case is selected for a bellwether trial and the outcome of those trials. Positive verdicts often boost settlement values for similar claims.

Where Things Stand in the NEC Infant Formula Litigation

Because the NEC infant formula litigation is still active, especially in federal MDL and state-court tracks, most cases are not yet settled.

This means that there is no uniform “settlement table” that applies to all plaintiffs.

As more bellwether trials proceed and verdicts are reported, the compensation landscape will continue to evolve.

At TorHoerman Law, our NEC baby formula lawyers are actively assisting families, from initial case evaluation through settlement discussions or trial, to ensure you understand your claim’s potential value and help you seek the maximum compensation available under the circumstances.

If your child was born prematurely, fed cow’s-milk based infant formula, and then developed NEC or suffered related injuries, contact us today or use the chatbot on this page to learn more about your eligibility and how your case might be valued.

Filing an NEC Baby Formula Lawsuit: What to Know

To qualify for an NEC baby formula lawsuit, you must meet the eligibility requirements mentioned in the earlier section.

Meeting eligibility requirements means proving that you’re the parent of a premature infant who received Similac or Enfamil formula products.

You must also show that your child developed necrotizing enterocolitis (NEC) potentially due to toxic breast milk substitutes or cow’s milk based formula like Similac and Enfamil.

With this in mind, you must take the following steps to qualify for your NEC baby formula lawsuit.

Gather Records Proving That Your Child Was a Premature Infant

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

Similac and Enfamil formulas are meant to be used as human breast milk substitutes for premature infants.

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

To show your child’s prematurity, you will need a medical certificate or any record of your child’s admission to the hospital.

Your NEC Baby Formula Lawyer can help you gather evidence and medical treatment records to prove these facts.

Show Evidence That Your Child Received Cow Milk-based Formulas While in Hospital Care

Besides being a premature infant, your child must also have been receiving Similac and Enfamil formula feeding in a hospital.

To show that your child was receiving infant formula, you will need copies of your child’s medical or treatment records.

The medical records can help NEC baby formula lawyers establish the presence of toxic infant formula products.

From here, your attorneys can use the records as evidence that your child was indeed being formula-fed baby formula.

Secure Evidence Proving Your Child Was a Premature Infant Who Developed NEC

The first two actions mentioned aid in proving the three (3) elements of personal injury, product liability, and medical malpractice lawsuits:

• Duty of care
• Negligence
• Causation

To help your attorneys build a compelling NEC lawsuit, you must be able to prove damages.

A critical component of proving damages is showing that an injury took place.

In the case of the NEC lawsuits, the injury is easy to pinpoint — the development of necrotizing enterocolitis (NEC).

To strengthen your claim, you need to present proof that your child was diagnosed with necrotizing enterocolitis (NEC).

Most importantly, your child must have received this diagnosis while they were receiving care in the hospital’s neonatal intensive care unit (NICU).

Is There a Time Limit to How Long You Can File Your NEC Infant Formula Lawsuit?

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.

An experienced lawyer can help identify and navigate filing deadlines or statutes of limitations in the NEC Lawsuit. 

Contact TorHoerman Law for a free consultation and to discuss potential filing deadlines or statutes of limitations relevant to your NEC Lawsuit. 

As mentioned earlier, the Enfamil and Similac baby formula lawsuits have grown into a multi-district litigation.

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: Your NEC Baby Formula Lawyers

Our law firm is not afraid to take on large companies and corporations for harming individuals.

We’ve secured over $4 billion in compensation for people harmed at no fault of their own, and we are prepared to help you secure compensation for your NEC Baby Formula Lawsuit.

If you’re the parent of a premature infant who was fed toxic formula and subsequently developed NEC, you may be eligible to file a claim.

Contact TorHoerman Law for a free consultation.

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

Our NEC Attorneys are here to help you.

We can help you complete the vital tasks in gathering evidence, assessing damages, and filing a Baby Formula Lawsuit to secure financial compensation.

Don’t hesitate to reach out to our team of expert NEC Formula Lawyers for help with your case. Contact us today and discuss your legal options.

We’re here to help.