[2023 FAQ] Is There a Baby Formula NEC Class Action Lawsuit?

Use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit.

Contact TorHoerman Law for a free consultation.

NEC Baby Formula Lawsuits are Consolidated Into Multidistrict Litigation (MDL)

On this page, we’ll discuss the NEC class action lawsuit, what a multidistrict litigation is, brands named in the lawsuit, potential settlement amounts, and much more.

Intro to the NEC Class Action Lawsuits (Multidistrict Litigation)

The NEC baby formula lawsuits have been filed by parents of premature babies fed infant formula and developed necrotizing enterocolitis (NEC).

Necrotizing enterocolitis (NEC) is a life-threatening gastric condition that impacts infants, particularly premature babies.

Parents have taken legal action against the manufacturers of toxic cow milk formula products.

Defendants named in the NEC Infant Formula Litigation include Abbott Laboratories and Mead Johnson.

Is There a Baby Formula NEC Class Action Lawsuit; NEC Class Action Lawsuit; NEC Baby Formula Lawsuit; Baby Formula NEC Lawsuit; NEC Lawyer; Baby Formula Lawyer

Lawsuits filed against baby formula manufacturers have been consolidated into multidistrict litigation (MDL).

MDL is different from class action lawsuits: each case is settled based on each claimant’s respective damages.

Class action settlements are distributed equally among all plaintiffs in the class.

Many law firms on the internet refer to the NEC Baby Formula MDL as the “NEC Class Action Lawsuit” even though the term is incorrect.

If your child has developed NEC after being fed cow milk based formulas, human milk fortifiers, or other human breast milk replacement formulas, you may be eligible to file an NEC Baby Formula Lawsuit.

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 Baby Formula Lawsuit instantly.

Frequently Asked Questions

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.

See this page for a list of Common NEC Symptoms in Babies.

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

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

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.

Typically for product liability lawsuits, which toxic baby formula lawsuits fall under, there is a two-year statute of limitations.

This means that mothers of infants and premature babies who were developed Necrotizing Enterocolitis (NEC) have two years from the date of diagnosis to file a claim.

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

Contact an attorney for more individualized information relative to your claim.

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Table of Contents

Is there a NEC Class Action Lawsuit?

No, there is not an NEC Class Action Lawsuit.

The NEC Baby Formula Lawsuit is consolidated into multidistrict litigation (MDL).

MDL appears to be similar to a class action lawsuit, but operates and distributes settlements in a different manner.

The Differences Between MDL and Class Action Lawsuits

It’s important that potential clients in the NEC Baby Formula Lawsuit understand how MDL differs from a class action lawsuit.

The NEC Baby Formula Lawsuits consolidated into the MDL consist of product liability claims made against Abbott Laboratories and Mead Johnson.

The claims made were from parents all over the country whose children fell victim to necrotizing enterocolitis (NEC).

In an MDL, settlements are distributed to claimants based on the facts of their individual case and damages.

Enfamil and Similac Baby Formula Lawsuits filed in the MDL would be compensated according to their unique situation.

If the NEC Infant Formula Lawsuit was filed as a class action lawsuit, settlements would be distributed evenly amongst all claimants, regardless of their individual situations and damages.

This means that even if a claimant’s premature baby passed away due to NEC, they would receive the same monetary compensation as a person whose child was much less effected.

This is a defining difference between MDL and class action lawsuits.

Toxic Baby Formulas and Necrotizing Enterocolitis (NEC)

What causes infant formula from Abbott and Mead Johnson to be toxic to premature infants?

The toxicity of certain Similac and Enfamil baby formulas is their base ingredient — cow’s milk.

Studies have shown that cow milk formulas are inferior to an only human breast milk diet when it comes to nourishing preterm infants.

In fact, not only are cow milk formula products inferior; they are also dangerous, according to a 2021 study.

Based on the study’s findings, preterm infants fed cow’s milk-based formula were at higher risk of developing NEC.

The same study concludes that the best milk for premature babies is still human milk.

In short, Similac and Enfamil baby formulas may be toxic due to their cow milk content.

By knowingly incorporating cow’s milk into their baby formulas, infant formula manufacturers could be liable for potential product liability lawsuits.

Also, the hospitals where preterm infants received cow milk-based formulas make themselves liable for medical malpractice lawsuits.

What Brands of Cow Milk-based Formula Products Are Named in the NEC Infant Formula Lawsuits?

Our lawyers handle several toxic baby formula lawsuits in Illinois and Missouri.

Looking at all the cases we handle, we found one common denominator — the consumption of the Similac and Enfamil formula.

Similac Lawsuit Baby formula brands mentioned in the NEC Baby Formula Lawsuit include:

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

Enfamil Lawsuit You may also be entitled to a toxic baby formula lawsuit if your baby developed NEC from the following Enfamil baby formula products:

  • 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
  • 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

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.

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 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.

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.

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.

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: Your NEC Baby Formula 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.

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.

Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law


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