Similac Baby Formula Lawsuits Consolidated into MDL

May 9, 2022 | By Riddle & Brantley Accident Injury Lawyers
Similac Baby Formula Lawsuits Consolidated into MDL

Baby Formula NEC Lawsuits Enter Multidistrict Litigation

Lawsuits alleging that cow's milk-based baby formula causes necrotizing enterocolitis (NEC) in infants have been consolidated in multidistrict litigation in the Northern District of Illinois.The U.S. Judicial Panel on Multidistrict Litigation has granted a request to consolidate baby formula lawsuits brought against Abbott Nutrition regarding potentially dangerous Similac baby formula into multidistrict litigation (MDL). The panel has chosen the Northern District of Illinois to hear the baby formula NEC cases, despite Abbott’s request to try the cases in Connecticut, citing that most of the cases are from Illinois, and it’s also where Abbott is headquartered. The baby formula MDL lawsuits allege that Abbott failed to warn consumers about the risks of feeding their bovine-based formulas to premature infants and did not release a suitable replacement fast enough. IMPORTANT: If your infant has suffered from NEC after being fed Similac or Enfamil baby formula (or another cow's milk-based baby formula), you may qualify for the baby formula MDL and be entitled to compensation. Please call 1-800-525-7111 and let's review your claim. There are no attorney fees unless we win your case and you receive compensation.

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Allegations in the Baby Formula MDL

Studies dating back as far as 1990 have indicated a risk of necrotizing enterocolitis (NEC) developing in preterm infants when they are fed bovine-based infant formulas. The first study was published in The Lancet, which suggested that infants fed bovine-based formulas were ten times more likely to develop NEC than breastfed infants.

What is NEC?

NEC is a devastating and potentially deadly gastrointestinal disease that often results in intestinal blockage and obstruction. It can also lead to growth failure and developmental delays. In some life-threatening cases, surgery may be required.

Other Evidence

The Lancet study was followed by similar studies in the National Institute of Health, the Journal of Pediatric Research, and the British Medical Journal. All these subsequent studies also found a higher risk of NEC occurring in preterm infants fed bovine-based formulas over other feeding options. The most recent studies were published in 2021 and have prompted a public outcry against companies like Similac and Enfamil that continue to provide bovine-based formulas to parents and caregivers of preterm infants without any warnings of the potential risks associated with the products. Dozens of parents are now suing the manufacturers and distributors of Similac and Enfamil, two of the most popular infant formulas, alleging that these companies have known for years about the NEC risk associated with their formulas. In the wake of these cases’ consolidation in the Northern District of Illinois, the baby formula MDL is only expected to grow.

Abbott Nutrition and Mead Johnson’s Response

Since the allegations have been made, neither Abbott Nutrition nor Mead Johnson has issued any recalls or revisions of their bovine-based formulas related to the NEC claims. In hearings related to the MDL consolidation, Abbott Nutrition strongly denied any liability or wrongdoing.

What’s Next for Baby Formula MDL Claimants?

You may qualify for the baby formula MDL if your infant suffered NEC after being fed cow's milk-based baby formula.Now that these cases have been consolidated into a baby formula NEC MDL, it is likely that the presiding judge will call for a series of early “bellwether” trials to determine how juries may respond to the evidence in these cases.16 cases were pending in seven federal districts at the time of consolidation, and another 20 cases that may be related to these federal cases were filed in eight districts. There are likely more cases to come as the public becomes more aware of the potential risks associated with these infant formulas.

Are Similac and Enfamil Safe?

The risk of NEC developing after consuming bovine-based formulas is highest in preterm infants or infants with weakened digestive systems. If you have concerns about your child’s formula, consult with your pediatrician or another healthcare provider for suitable alternatives. If you feed your child Similac, you should be aware of which lots of powdered formulas are currently being recalled due to potential bacterial contamination. You can find information on the recalled formulas through their website.

Do You Have a Claim?

If your infant has been fed cow's milk-based baby formula like Enfamil or Similac and later suffered from NEC, you deserve justice and may be entitled to compensation. For a FREE, no-obligation consultation with an experienced baby formula lawsuit attorney, please call Riddle & Brantley at 1-800-525-7111 or fill out the convenient form below. There are no upfront costs and no attorney fees unless we win your case and you receive compensation. [su_button background="#13182E" color="#ffffff" size="10" wide="yes" center="yes" url="tel:1-800-525-7111" desc="Do you qualify for a baby formula NEC lawsuit?"]Click to call for a free consultation![/su_button]
"They made a hard time in my life easier to endure."
-Melissa C., Riddle & Brantley client Since 2000 alone, Riddle & Brantley has recovered over $600 million in compensation for injury victims (see disclaimer below) and we are ready to help however we can. Please call 1-800-525-7111 and let's review your baby formula NEC claim. You may be eligible for a lawsuit in the baby formula MDL and entitled to compensation. Justice Counts for infants who have suffered from this devastating disease. Call Riddle & Brantley today and let's see how we can help.  
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.