Baby Formula NEC Lawsuits
Has your infant been diagnosed with necrotizing enterocolitis (NEC) after consuming potentially toxic baby formula? You may qualify for a baby formula lawsuit and be entitled to significant compensation. Manufacturers like Mead Johnson & Company and Abbott Laboratories are facing a growing number of toxic baby formula lawsuits alleging that negligence and wrongdoing exposed infants to serious health risks.
IMPORTANT: If your infant has consumed Similac or Enfamil baby formula (or another cow's milk-based baby formula) and was later diagnosed with necrotizing enterocolitis (NEC), you may qualify for a lawsuit against baby formula manufacturers. For a FREE, no-obligation consultation with an experienced, compassionate baby formula lawsuit attorney at Riddle & Brantley, please call 1-800-525-7111. There are no upfront costs and absolutely no attorney fees unless we recover compensation for you.
IMPORTANT: Only certain liquid baby formulas are impacted by this litigation. Concern has not been raised with respect to powdered baby formulas, including those manufactured by defendants.
Enfamil and Similac Formulas Potentially Linked to NEC Infant Death
Recent evidence suggests that certain brands of potentially toxic baby formula may cause necrotizing enterocolitis (NEC), a digestive disease that can be fatal. Manufacturers of this baby formula face a growing number of baby formula lawsuits alleging that they negligently failed to warn consumers of the possible danger. These include personal injury lawsuits (which may be consolidated into multi-district litigation, or MDL proceedings), as well as Enfamil class action lawsuits and Similac class action lawsuits.
Manufacturers of potentially toxic baby formula include Mead Johnson & Company and Abbott Laboratories.
August 2024 Update
In a major development in the NEC baby formula lawsuits, a St. Louis jury awarded $495 million to the family of a three-year-old girl who developed necrotizing enterocolitis (NEC) after being fed Abbott Laboratories' Similac formula in a neonatal intensive care unit in 2021. The verdict, handed down on July 26, included $95 million in compensatory damages and $400 million in punitive damages. The lawsuit alleged that Abbott failed to warn about increased risk of NEC in premature infants fed cow's milk-based formulas. This case marks the first of many similar lawsuits to go to trial, setting a significant precedent as hundreds of similar cases are still pending across the country.
Importantly, Abbott has announced its intention to appeal the verdict, arguing that its formula is a necessary option for feeding premature infants who cannot breastfeed. Stay tuned to our website for the latest developments in this fast-moving legal battle.
What Brands of Baby Formula Are Potentially Toxic?
Research suggests that Similac and Enfamil baby formula may be toxic and cause necrotizing enterocolitis in infants. Other cow's milk-based baby formulas may be toxic, as well. Studies have indicated that infants who have ingested cow-milk-based formula like Similac and Enfamil are at significantly greater risk of developing NEC, which can result in death.
Alarmingly, Similac and Enfamil baby formulas are developed specifically for premature infants, who are already at increased risk for developing necrotizing enterocolitis.
Cow's milk-based baby formulas that may cause NEC include:
- Similac
- Enfamil
- Baby's Only
- Bobbie
- Earth's Best
- Gerber
- Go & Grow
- Happy Baby
- Holle
- Kendamil
- Lebenswert
- Loulouka
- Parent's Choice
"What's the Evidence of Toxic Baby Formula?"
Recent research underscores the potential danger posed by cow-milk-based baby formula and necrotizing enterocolitis, including:
- 1990 study published in The Lancet — this landmark study found a link between bovine baby formula and NEC, suggesting that formula-fed babies were at 10 times greater risk for developing necrotizing enterocolitis.
- 2000 study published in the Journal of Pediatrics — a similar study later found that infants fed with breast milk or human milk fortifiers were 90 percent less likely to develop NEC compared to those fed with cow-milk-based baby formula. 2 more studies published in 2013 found even stronger evidence supporting this conclusion.
- 2012 study published in the Journal of Pediatric Research — researchers found that "premature infants fed formula are more likely to develop necrotizing enterocolitis (NEC) than those who are breastfed."
- 2021 report published in the British Medical Journal — researchers found that manufacturers of baby formula like Similac and Enfamil have funded "biased and unreliable" clinical product trials and may have downplayed potential baby formula health risks. The researchers found that the "formula trials lack independence or transparency, and published outcomes are biased by selective reporting."
For more information on research linking cow milk-based baby formula to necrotizing enterocolitis (NEC), see the "Does Baby Formula Cause NEC?" section below.
What is NEC in Babies?
According to the Cleveland Clinic, necrotizing enterocolitis (NEC) is "a serious gastrointestinal problem that mostly affects premature babies. The condition inflames intestinal tissue, causing it to die." NEC typically develops within two to six weeks after birth. The Cleveland Clinic notes that the majority of infants — 9 out of 10 — who develop NEC are born prematurely. Overall, NEC affects roughly 1 in every 1,000 premature babies. Only roughly 1 in 10,000 full-term babies develop NEC.
NEC is a heartbreaking disease and outcomes vary widely. While most babies that develop NEC eventually make a full recovery, some infants lose so much intestine that they cannot survive. For infants that do not fully recover but are able to live, the long-term consequences can be devastating, sometimes including intestinal obstruction and blockage, and the inability of the intestine to properly absorb nutrients (malabsorption). These lifelong effects are most common in infants with NEC who lost significant parts of their intestines due to life-saving surgery. NEC can also put infants at increased risk for other serious and potentially life-threatening conditions (see below).
Is NEC Serious?
Cases of NEC in infants can range from mild to serious. In some cases, necrotizing enterocolitis can result in death. Infants diagnosed with NEC are at risk of developing other serious and even life-threatening conditions, including:
- Abdominal infection — NEC may lead to the development of a hole in the intestinal wall, which allows bacteria to enter the abdominal cavity, potentially causing an infection called peritonitis, which can lead to the potentially deadly blood infection, sepsis.
- Short bowel (short gut) syndrome — this condition impedes the absorption of nutrients and fluids and often means the affected child will require lifelong care, sometimes involving a feeding tube.
- Intestinal stricture — a narrowing of the intestines that can make digestion difficult.
- Growth failure and developmental delays — NEC can contribute to slower growth and development of neurocognitive ability; the condition is common among infants with NEC who require surgery.
How Quickly Does NEC Develop?
According to the Cleveland Clinic, NEC typically occurs two to six weeks after birth, but development may be impacted by different circumstances. Symptoms may initially come and go over a few days, or onset of NEC can be rapid, appearing in infants who otherwise seem to be healthy and doing well. Other reports state that "NEC typically develops within the first two weeks of life in a premature infant who is being fed formula instead of breast milk."
How is NEC Diagnosed?
A doctor may diagnose an infant with necrotizing enterocolitis based on a variety of diagnostic tests, including blood tests, fecal tests, and/or x-rays. Blood tests may reveal a decrease in platelets, which typically help form blood clots and prevent bleeding, as well as a decrease in white blood cells. The loss of platelets and white blood cells in infants with NEC often put them at high risk of bleeding and systemic infection.
Also helpful in diagnosing NEC, x-rays can detect bubbles in the abdominal cavity, which may be signs of damaged or perforated bowels. Air bubbles may also be found in the veins leading to the liver.
Symptoms of NEC
One of the first signs of NEC is often the infant's inability to tolerate feedings with formula, however, symptoms of NEC may vary widely. According to the Cleveland Clinic, common symptoms of NEC include:
- Abdominal pain and swelling
- Changes in heart rate, blood pressure, body temperature, and breathing
- Green or yellow vomit
- Diarrhea with bloody stool
- Lethargy
- Refusal to eat and lack of weight gain
Does Baby Formula Cause NEC?
Studies dating as far back as 1990 have linked the potentially fatal condition necrotizing enterocolitis (NEC) developed in premature infants with bovine-based formulas like Similac and Enfamil. The manufacturers of these products are now facing an onslaught of lawsuits that claim they failed to warn consumers about the dangers of their formula when given to premature infants.
So, does baby formula like Similac and Enfamil cause NEC? Studies are still ongoing, but there is significant evidence to suggest that not only does a link exist, but manufacturers may have deliberately downplayed these health risks to both parents and healthcare providers.
While no single cause of NEC has been identified, studies have shown a strong association between premature infants who have been formula-fed with bovine-based formulas and higher risk for developing NEC.
Research on Baby Formula and NEC Risk
Studies concerning the link between baby formula and NEC date back as far as 1990, starting with a study published in The Lancet which suggested that infants fed bovine-based formulas were ten times more likely to develop NEC than infants who were breast-fed.
Similar studies published in 2017 by the National Institute of Health, in 2012 by the Journal of Pediatric Research, and in 2021 by the British Medical Journal have all supported the findings of the original study, linking a higher risk of NEC to infants who were formula-fed over infants who were not.
"My Infant Consumed Similac or Enfamil Baby Formula. What Are My Options?"
Studies have linked cow-milk-based baby formulas like Similac and Enfamil to NEC, a potentially fatal gastrointestinal disease. If your child fed with Similac or Enfamil, you may qualify for a baby formula lawsuit against a manufacturer like Abbott Laboratories or Mead Johnson & Company. Call 1-800-525-7111 for a free, no-obligation consultation today.
IMPORTANT: If your infant has fed with Similac or Enfamil baby formula (or another qualifying cow's milk-based formula), consult with your physician about the potential risk of developing NEC. He or she may recommend alternatives.
Toxic Baby Formula Lawsuits
Our firm is actively investigating claims that Similac and Enfamil baby formulas and other cow's milk-based baby formulas caused necrotizing enterocolitis, a gastrointestinal disease that can result in death. In one recent wrongful death claim filed against baby formula manufacturers Abbott Laboratories and Mead Johnson & Company, the plaintiffs alleged that warnings included on Similac packaging were "overly broad and vague, and do not ever mention that the product significantly increases the risk of NEC and death, nor provide any detailed instructions or evidence on when and how to feed the infants and how to avoid NEC and death when feeding its products."
To be clear, Similac, Enfamil, and potentially other cow-milk-based baby formula may cause NEC and death, and potential victims deserve justice. Riddle & Brantley's baby formula lawsuits attorneys are actively investigating these claims and we would love to help however we can. For a FREE, no-obligation consultation with an experienced baby formula lawsuit attorney, please call 1-800-525-7111 or complete the fast and convenient form below.
Allegations Against Abbott Labs and Mead Johnson & Co.
With over 30 years of research available linking a higher risk of NEC to premature infants fed bovine-based formulas, many consumers are filing baby formula lawsuits alleging that Mead Johnson & Company and Abbott Labs (manufacturers of Enfamil and Similac, respectively) have downplayed the potential risks associated with their products.
One recent wrongful death claim filed against Abbott Labs alleges that the few warnings included with Similac were “overly broad and vague, and do not ever mention that the product significantly increases the risk of NEC and death, nor provide any detailed instructions or evidence on when and how to feed the infants and how to avoid NEC and death when feeding its products.”
The recent lawsuit also alleges that the company “did nothing to change their product, packaging, guidelines, instructions, and/or warnings” when they became aware of the evolving research linking bovine-formulas like theirs to NEC in premature or otherwise at-risk infants.
The lawsuit also points out that there are many alternative formulas available that are not made from cows’ milk (and thus may present a lower risk for NEC in premature infants), but that instead of switching their formula, the manufacturers “continue to promote and sell their defunct cows’ milk-based products.”
"Our firm is committed to holding manufacturers accountable for any negligence or wrongdoing in these heartbreaking cases."
-Gene Riddle, baby formula lawsuit attorney, Riddle & Brantley
Baby Formula Claims Consolidated Into Multi-District Litigation (MDL)
January 2023 Update:
A new multi-district litigation (MDL) has been formed to consolidate the numerous claims against baby formula manufacturers Abbott Laboratories and Mead Johnson & Co. The MDL will be presided over by the U.S. District Court for the Northern District of Illinois. The MDL seeks to consolidate lawsuits alleging that these baby formula manufacturers failed to properly inform consumers of the potential risks associated with the use of their products, specifically the risk of NEC and other gastrointestinal problems in pre-term infants.
The MDL was requested by Abbott Laboratories in January 2022 in response to a growing number of baby formula lawsuits filed in federal courts against the manufacturer. Several of the cases originally included in the MDL after its formation were moved back to their respective districts as they were bringing claims not only against the manufacturers, but also against the hospitals and doctors that administered the formula to their infants.
Upcoming Baby Formula "Bellwether" Trials
The baby formula NEC MDL is now moving forward and the selection of bellwether cases has now begun. As of January 2023, there are 97 lawsuits pending in the MDL, and 12 of these cases will be selected to determine the likely outcomes of the rest when tried in front of a jury.
This MDL will allow consumers to bring formula manufacturers to trial more efficiently and also provide a means for baby formula manufacturers to investigate the claims and potentially negotiate settlements if the bellwether cases resolve in favor of the plaintiffs.
In addition to the multi-district litigation, individual baby formula NEC cases continue to be filed in various districts across the country.
While the official dates for the bellwether trials have not yet been set, legal experts continue to watch these developments closely and are eager to see whether juries will hold Abbott and Meade Johnson accountable for the damage their products have allegedly caused to infants across the country.
Do I Qualify for a Baby Formula Lawsuit?
If your infant has been fed with Similac, Enfamil, or another cow’s milk-based formula and was later diagnosed with necrotizing enterocolitis (NEC), you may qualify for a baby formula lawsuit. Contact an experienced attorney who can review your case and advise you on your options. Call 1-800-525-7111 today for a FREE case review.
Free, No-Obligation Case Review
There are no upfront costs and the claim investigation is free of charge. If you decide to hire us for your toxic baby formula lawsuit, there are no attorney fees unless we win your case and you receive compensation. If we don't recover compensation for you, you won't pay any attorney fees. It's as simple as that.
Call our compassionate product liability attorneys at 1-800-525-7111 today for a free case review concerning a potential baby formula lawsuit. Potential victims deserve justice, and we would love to help you however we can.
Why Riddle & Brantley for Your Baby Formula Lawsuit?
Since 1985, Riddle & Brantley has been fighting for justice for those injured due to others' negligence. We pride ourselves on providing excellent client service, and strive to treat every client like family.
"You'll walk in the front door as a client but leave as family. They're the absolute best."
-Susan S., Riddle & Brantley client
Award-Winning Trial Attorneys
In more than 35 years serving victims of others' negligence, we've been honored to receive recognition with membership and awards from some of the most prestigious organizations in the legal industry (see disclaimer below), including:
- The Litigator Award (Gene Riddle)
- The National Trial Lawyers Top 100 (Gene Riddle, Molly Schertzinger, Darren Dawson)
- The National Trial Lawyers Top 40 Under 40 (Alex Riddle)
- Super Lawyers (Gene Riddle, Adam Smith, Darren Dawson)
- The National Association of Distinguished Counsel (Gene Riddle)
- AV Preeminent by Martindale Hubbell (Gene Riddle, Adam Smith)
Our Results
Since 2000 alone, our experienced baby formula lawyers have recovered more than $600 million on behalf of our deserving clients (see disclaimer below). We're proud to be recognized for our results by such prestigious organizations as Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum (see disclaimer below).
"This settlement changed me and my family's lives."
-Linda B., Riddle & Brantley client
Do You Qualify for a Baby Formula NEC Lawsuit?
If your infant has been fed with Similac or Enfamil baby formula (or another cow's milk-based baby formula) and been diagnosed with necrotizing enterocolitis (NEC), you may be entitled to compensation and we would love to help however we can. Call 1-800-525-7111 today for a free, no-obligation consultation with a compassionate baby formula lawsuit attorney at Riddle & Brantley. We'll review your case and advise you on your legal options. If you decide to hire us, you won't pay any attorney fees unless we win your case and you receive compensation.
That's our promise to you. We strive to get justice and maximum compensation for all our client, and we'd love to help you if we can. Call 1-800-525-7111 or complete the fast and easy form below for a free, no-obligation consultation today.
Justice Counts.
*** 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.
*** Disclaimer: An attorney must meet certain requirements to join these organizations or receive these awards. For more information on Membership Criteria for Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum, Super Lawyers, The National Trial Lawyers Top 100, The National Trial Lawyers Top 40 Under 40, The National Association of Distinguished Counsel, AV Preeminent by Martindale-Hubbell, the Litigator Award, and other memberships, awards, and accolades, please visit our Membership Criteria page. These awards and memberships should not be construed as a promise or guarantee of a similar result. Each case is different and must be evaluated separately.