[2024 Update] Baby Formula NEC Lawsuit Payout & Settlements

NEC Lawsuit Payout Info: What is the Average Settlement Amount?

As mentioned previously, a global settlement has not been reached in the NEC Baby Formula Lawsuits.

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

Lawyers estimate that individual NEC Lawsuit payout amounts may range between $50,000 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.

For detailed insight on your potential NEC Infant Formula Lawsuit and what to expect in the legal process, contact the attorneys at TorHoerman Law.

You can also use the chatbot on this page for a free and instant case evaluation to find out if you are eligible to file a Baby Formula Lawsuit.

Understanding the Range of Potential NEC Lawsuit Settlement Amounts

When discussing potential settlement amounts for NEC Lawsuits, it’s important to recognize that these figures are generalizations based on previous cases and broader legal trends.

The true compensation potentially recoverable in an NEC Lawsuit depends on the individual damages in each case, which reflect the unique circumstances of each baby and family affected by NEC.

While the groupings below provide a framework for understanding how settlement figures might be established, they do not guarantee the specific compensation families may receive.

The severity of an infant’s condition, the extent of medical intervention required, and the long-term impact on a child’s life are all critical factors in determining the appropriate compensation to be claimed.

Tangible losses, such as medical expenses, can give families some idea of where they might fall within these ranges, but the full calculation of losses—including non-economic damages like pain and suffering—requires professional legal assessment.

Evidence of manufacturer negligence could also play a significant role in influencing the final settlement, potentially increasing the compensation awarded.

Each NEC Lawsuit is unique, and to truly calculate the total losses and potential compensation, it’s essential to consult with an experienced attorney who can provide a more accurate assessment based on the specifics of your case.

$50,000 – $150,000

Settlement projections in this range represent cases where an infant suffered from necrotizing enterocolitis (NEC) but made a full recovery with no significant long-term effects.

These cases may involve short-term hospital stays and medical treatments that resolved the condition without lasting damage.

Compensation in this range may cover medical expenses and some pain and suffering.

$150,000 – $300,000

Cases involving more severe instances of NEC, where an infant endured significant medical intervention, such as surgeries or extended hospital stays, but has either partially recovered or is facing some long-term health challenges, may result in estimated compensation of $150,000 – $300,000.

Compensation at this level would consider the more extensive medical costs, potential developmental delays, and ongoing care requirements.

The emotional and physical suffering endured by both the child and the family are also factored into these amounts.

$300,000 – $500,000+

Cases where an infant suffered life-altering consequences or died as a result of NEC may be entitled to significant compensation.

Wrongful death cases, cases where the child requires lifelong care, or situations where the family faces extreme financial and emotional burdens due to the severity of the infant’s condition may be entitled to compensation between $300,000 to over $500,000.

Compensation in this range reflects the extensive costs associated with ongoing medical care, lost quality of life, and the profound suffering experienced by the family.

In cases where there is clear evidence of manufacturer negligence, punitive damages may also push settlement amounts in this tier to the higher end or even beyond $500,000.

When Will the NEC Lawsuit Be Settled?

There is currently no definitive date or timeline for a resolution to all NEC Lawsuits.

NEC Baby Formula Lawsuits are being pursued in both state and federal courts, with the federal cases consolidated in a multidistrict litigation (MDL) in the Northern District of Illinois.

Separate legal actions are ongoing in state courts across the country, and each case may proceed on its own timeline.

Major trial verdicts, such as the recent $495 million and $60 million awards in favor of plaintiffs, may significantly influence the defendants’ willingness to negotiate and settle these cases.

The outcomes of upcoming bellwether trials in the MDL, scheduled for 2025, will also play a crucial role in determining how and when the NEC Lawsuits might be resolved.

How are Settlement Amounts in the NEC Baby Formula Lawsuits Determined?

Lawyers determine the numbers for projected settlement amounts in the NEC Baby Formula Lawsuits through various factors that reflect the severity of the injury, the impact on the child’s life, and the extent of negligence by the formula manufacturers.

Each case is evaluated individually, considering the specific circumstances and damages involved.

Below are the key factors that influence the projected settlement amounts:

• Severity of Injury: The extent of the child’s injuries, including whether they suffered from life-threatening complications like sepsis, intestinal perforation, or long-term health issues such as developmental delays, plays a significant role in determining potential compensation.
• Medical Expenses: Compensation in these cases seeks to cover past and future medical costs, including surgeries, hospital stays, medications, and ongoing treatments necessary due to NEC.
• Pain and Suffering: The emotional and physical suffering endured by the child and the family is another critical factor.
  • This includes the trauma of the illness and its long-term effects on the child’s quality of life.
• Impact on Quality of Life: Cases where NEC leads to permanent disabilities or a significant reduction in the child’s quality of life may result in higher compensation.
• Economic Impact: The loss of income for parents who must take time off work to care for their child, as well as the long-term financial burden of caring for a child with special needs, are considered in compensation claims.
• Defendant’s Liability: The degree of negligence or failure to warn by the formula manufacturers, as evidenced by internal documents or other findings, can influence compensation.
• Previous Verdicts and Settlements: Recent significant verdicts in favor of plaintiffs can set a precedent and influence the amounts negotiated in future settlements.
• Jurisdiction: The location where the lawsuit is filed can also impact compensation, as different courts may have varying approaches to calculating damages.

These factors are considered together to determine a fair and just settlement amount for each case, ensuring that affected families receive adequate compensation for their suffering and losses.

An Overview of the NEC Baby Formula Lawsuits

The NEC Baby Formula Lawsuits involve legal actions against major baby formula makers, including Abbott Laboratories and Mead Johnson & Company, the producers of Similac infant formula and Enfamil.

Plaintiffs in these lawsuits allege that these cow’s milk-based formulas significantly increase the risk of necrotizing enterocolitis (NEC), a life-threatening gastrointestinal condition that primarily affects premature babies.

Infant Formula NEC Lawsuits claim that manufacturers failed to adequately warn consumers and healthcare providers about the dangers associated with feeding their products to vulnerable preterm infants.

The cases are being pursued in both state and federal courts, with a multidistrict litigation (MDL) established in the Northern District of Illinois to handle the federal cases.

Recent trial outcomes, including a $495 million verdict against Abbott Laboratories and a $60 million verdict against Mead Johnson, have brought national attention to these NEC Formula Lawsuits.

These verdicts underscore the severity of the allegations and the potential for significant financial compensation for affected families.

The NEC Formula Lawsuits are based on studies linking cow’s milk-based formulas to a higher incidence of NEC compared to breast milk.

Families involved in the litigation argue that they were not informed of safer alternatives and that the manufacturers prioritized profit over the health and safety of premature infants.

The outcome the NEC Lawsuits could influence changes in how these formulas are marketed and used in hospitals.

The ongoing litigation aims to hold the manufacturers accountable for the harm caused by their products and to secure justice for the families affected by NEC.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula, you may be eligible to file an NEC Baby Formula Lawsuit and seek compensation.

Contact the Toxic Baby Formula Lawyers at TorHoerman Law for a free consultation.

Use the chatbot on this page to find out if you’re eligible to file an NEC Lawsuit instantly.

What Baby Formula Manufacturers are Facing NEC Infant Formula Lawsuits?

The primary companies involved are Abbott Laboratories, the maker of Similac, and Mead Johnson & Company, the maker of Enfamil.

Plaintiffs claim that these manufacturers failed to adequately warn consumers and healthcare providers about the risks of NEC associated with their products.

Currently, two baby formula brands mentioned in Toxic Baby Formula Lawsuits are:

1. Enfamil: Enfamil is a brand of infant formula produced by Mead Johnson & Company
2. Similac: Similac is a brand of infant formula produced by Abbott Laboratories

Similac and Enfamil formula are two of those most popular infant formulas for premature infants.

These infant formulas are often given to premature infants in the hospital, or sent home with parents as a gift.

The companies named in NEC Infant Formula Lawsuits are Abbott Laboratories and Mead Johnson & Company LLC.

Overview of the NEC Infant Formula MDL

The NEC Infant Formula MDL consolidates numerous lawsuits filed against Abbott Laboratories and Mead Johnson & Company, the manufacturers of Similac and Enfamil, respectively.

These federal cases are centralized in the U.S. District Court for the Northern District of Illinois under Judge Rebecca R. Pallmeyer.

The NEC Infant Formula MDL streamlines pretrial proceedings, allowing for more efficient handling of common issues such as evidence discovery and expert testimony, while still treating each case individually for settlement or trial.

This process is particularly important given the complexity and volume of the claims, which involve allegations that cow’s milk-based formulas significantly increase the risk of necrotizing enterocolitis (NEC) in premature infants​.

In addition to the NEC Infant Formula Litigation in the Northern District of Illinois, many NEC Lawsuits are also being pursued in state courts across the country, reflecting the widespread impact of these products.

State court cases, while separate from the NEC Formula MDL, can still influence the overall litigation landscape, especially when significant verdicts are awarded.

What is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a serious gastrointestinal disease that primarily affects premature and low birth weight infants.

NEC involves inflammation and bacterial infection in the intestines, leading to the death of intestinal tissue and potentially causing life-threatening complications like sepsis and intestinal perforation.

The exact cause of NEC is not fully understood, but it is believed to result from a combination of factors including prematurity, formula feeding, and an immature immune system.

Infants with NEC often experience symptoms such as abdominal swelling, feeding intolerance, bloody stools, and lethargy.

Immediate medical intervention is critical, as NEC can rapidly progress and lead to severe long-term health issues or death.

Treatment may involve antibiotics, bowel rest, and in severe cases, surgery to remove the damaged sections of the intestine.

NEC remains one of the most dangerous gastrointestinal emergencies in neonatal care, making early detection and treatment essential for improving outcomes.

If your premature infant developed NEC after being fed cow milk based formula, you may be eligible to file an NEC Lawsuit.

Contact the Baby Formula Lawyers at TorHoerman Law for a free consultation.

Use the chatbot on this page to find out if you qualify to join others filing Enfamil and Similac Baby Formula Lawsuits instantly.

Cow Milk Based Formula, Other Infant Formula Potentially Linked to NEC

Necrotizing enterocolitis (NEC) is a serious gastrointestinal disorder that primarily affects premature infants and low birth weight babies.

It is characterized by intestinal inflammation and necrosis (death) of the intestinal tissue, leading to severe abdominal pain, vomiting, and blood in the stool.

NEC is a life-threatening condition and can result in short bowel syndrome, which requires long-term parenteral nutrition (intravenous feeding) and can lead to malnutrition and other complications.

Multiple scientific studies, dating back to the early 1990s, indicate that premature infants who are fed only human breast milk and not cow milk based formulas are less likely to develop NEC.

Studies on the risk of formula feeding and necrotizing enterocolitis (NEC) include:

• Johns Hopkins University: Formula-fed preemies at higher risk for dangerous GI condition than babies who get donor milk
• Indiana University School of Medicine/Centre for Health Communication, University of Technology Sydney: An Exclusively Human Milk Diet Reduces Necrotizing Enterocolitis
• University of L’Aquila (Italy): The Impact of Human Milk on Necrotizing Enterocolitis: A Systematic Review and Meta-Analysis

The Impact of NEC on Families

The impact of necrotizing enterocolitis (NEC) on families is profound and far-reaching.

When a premature baby is diagnosed with NEC, parents often experience overwhelming emotional stress, as they grapple with the life-threatening nature of the condition and the uncertainty of their child’s prognosis.

The financial burden can be significant, with medical expenses for surgeries, long-term care, and hospital stays adding up quickly.

Many parents must also take time off work to care for their child, leading to lost wages and increased financial strain.

The long-term effects of NEC, such as developmental delays and chronic health issues, can require ongoing medical care, adding to the physical and emotional toll on the family.

The diagnosis of NEC can alter the course of a family’s life, requiring them to navigate a complex and often challenging journey.

Resources for Families Affected by NEC

Families affected by necrotizing enterocolitis (NEC) face unique challenges that require specialized support and resources.

Various organizations and initiatives offer guidance, emotional support, and practical information to help families who have been impacted by NEC.

These resources include access to medical research, support groups, and educational materials tailored to the needs of families dealing with the long-term effects of NEC.

Connecting with other families through support networks can provide a sense of community and shared experience, which is invaluable during such a challenging time.

NEC Society offers a comprehensive range of resources, including support groups, educational webinars, and connections to long-term NEC survivor communities.

TorHoerman Law Obtains $495 Million Verdict in Trial Against Abbott Laboratories

TorHoerman Law obtained a landmark $495 million verdict against Abbott Laboratories following a lawsuit brought by the Gill family concerning infant formula for premature babies.

The case, Margo Gill vs. Abbott Laboratories, centered on claims that Abbott’s formula increased the risk for necrotizing enterocolitis (NEC).

NEC is a serious gastrointestinal disease that primarily affects premature infants, leading to inflammation and bacterial infection in the intestines.

The disease can cause the death of intestinal tissue and, in severe cases, can be life-threatening.

TorHoerman Law represented Margo Gill and her daughter in the trial against Abbott Laboratories, with attorney Jake Plattenberger arguing that Abbott was aware of the risks but failed to provide adequate warnings or instructions to prevent harm.

Margo is the mother of Robynn, a young girl who tragically developed necrotizing enterocolitis (NEC) after being given Abbott’s baby formula as a premature infant.

Internal documents from Abbott, revealed in the trial, showed the company knew as early as 2009 that NEC has a significant formula feeding component.

Despite having knowledge that premature babies are at an increased risk of developing NEC when given cow’s milk formula, Abbott did not provide parents of NICU babies any information regarding the risk, incidence, or severity of NEC for babies on formula versus human milk.

The company admitted this in the trial.

Robynn, now almost three years old, had approximately 75 percent of her intestine removed following her NEC diagnosis, and suffered brain damage.

She will need intensive care for the rest of her life, and this verdict will provide the necessary financial support to cover her extensive medical and care needs.

On July 26, 2024, the jury delivered its verdict, holding Abbott accountable and liable to pay compensatory damages of $95 million and punitive damages of $400 million. 

Attorney Tor Hoerman said:

“Justice was served for Margo Gill and her daughter Robynn, who suffered severe, irreversible brain damage due to Abbott’s misconduct… Abbott has known for years that its cow’s milk-based formula significantly increases the risk of necrotizing enterocolitis (NEC) in premature babies, and families like the Gills had their lives changed forever due to the company’s refusal to warn families and physicians.”

Jake Plattenberger served as lead trial counsel along with Tor Hoerman, aided by the counsel of many other attorneys and experts across the bar.

TorHoerman Law represents more than 800 families that have been devastated by NEC due to misconduct of formula manufacturers, and we are committed to obtaining justice for all of them.

Do You Qualify for the NEC Baby Formula Lawsuit?

Mothers of infants who were fed cow milk formulas or other toxic baby formula, and subsequently developed Necrotizing Enterocolitis (NEC) may be eligible to file a lawsuit against the manufacturers of toxic infant formula products.

There are multiple types of NEC Lawsuits able to be filed by victims:

1. Product Liability Lawsuits: for the infant formula manufacturers failure to warn of the increased risk for necrotizing enterocolitis (NEC) and other potential side effects.
2. Wrongful Death Lawsuit: If an infant passed away due to Necrotizing Enterocolitis, the family of the deceased may be eligible to file a wrongful death lawsuit against those responsible. Refer to our wrongful death lawsuit information page to learn more.
3. Medical Malpractice Lawsuits: 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.

If you or a loved one had a baby who was fed cow milk formula or other toxic infant formula or fortifiers, and the infant was subsequently diagnosed with NEC, you may be eligible to file a Toxic Infant Formula Lawsuit.

Our toxic infant formula lawyers will help you to gather evidence and assess damages as you file your claim.

These two actions are crucial when filing lawsuits against large manufacturers.

Your attorney will also guide you through the civil lawsuit process more generally.

Gathering Evidence for Toxic Baby Formula NEC Lawsuits

Gathering evidence is crucial in building a strong case, as it directly supports the claims of negligence against the manufacturers.

Proper documentation and evidence can significantly impact the outcome of the lawsuit, helping to establish a clear connection between the use of the formula and the increased risk of necrotizing enterocolitis (NEC) in premature infants.

It’s important to work closely with an experienced attorney who can guide you through the process of obtaining and preserving the necessary evidence to strengthen your case.

In general, the following types of evidence may be useful in a baby formula lawsuit:

• Medical records
• Feeding records
• Documents detailing the administered infant formula and the NEC affliction
• Witness statements
• Incident reports
• Public records
• Photos or videos
• Itemized receipts from hospital or of purchase for baby formula

It is important to note that the specific evidence needed for a baby formula lawsuit will depend on the specific circumstances of your case and the legal claims being made.

It is always a good idea to speak with your NEC lawyers to discuss the specific evidence that may be needed to support your case.

Damages in Baby Formula NEC Lawsuits

Damages refer to the total amount of losses, economic and non-economic, incurred as a result of the NEC diagnosis.

NEC Lawyers can help assess the full extent of damages, ensuring that all potential losses are accounted for.

Your lawyer can calculate the appropriate compensation to pursue in your lawsuit, helping to secure the financial resources needed to care for your child and recover from the impact of NEC.

Some potential damages that may be available in a baby formula lawsuit include:

• Medical expenses
• Pain and suffering
• Lost wages
• Pain and suffering
• Emotional damages
• Permanent disability
• Loss of enjoyment of life
• Other compensatory and punitive damages

It is important to note that the specific damages that may be available in a baby formula lawsuit may depend on the specifics of your case and the laws of your jurisdiction.

Why Choose TorHoerman Law for Your NEC Lawsuit?

Choosing TorHoerman Law means entrusting your case to a team of experienced attorneys who have a proven track record in securing justice for families affected by necrotizing enterocolitis (NEC).

Our firm recently achieved a landmark $495 million verdict against Abbott Laboratories, demonstrating our continued commitment in holding large corporations accountable for their negligence.

We prioritize compassion and empathy in our approach, understanding the profound emotional and financial challenges that NEC imposes on families.

At TorHoerman Law, we are committed to guiding you through every step of the legal process, ensuring that your voice is heard and your needs are met.

Our dedication to excellence and client-centered advocacy has earned us the trust of over 800 families affected by NEC, and we are here to fight for the compensation you deserve.

Let us be your partners in seeking justice and securing a brighter future for your child.

TorHoerman Law: Accepting Clients for the NEC Infant Formula Lawsuits

Our lawyers are committed to seeking justice and compensation for families who have been devastated by NEC.

We understand the profound emotional and financial challenges that come with caring for a child affected by this serious condition.

Our team works tirelessly to hold negligent baby formula manufacturers accountable and ensure that families receive the compensation they deserve.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers at TorHoerman Law for a free consultation.

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