Potential Similac Lawsuit Settlement Amounts
Recently, certain bovine-based (cow’s milk) formulations of the popular infant formula Similac have been alleged to be linked to the development of necrotizing enterocolitis (NEC) in preterm infants and infants with weakened digestive systems.
NEC is a dangerous and potentially debilitating condition. Many consumers are now bringing baby formula lawsuits against Abbott Nutrition, Similac’s manufacturer, claiming that the company failed to warn parents and physicians of the potential NEC risks associated with feeding their formula to preterm infants.
Potential Similac Settlement Amounts in Baby Formula NEC Lawsuits
If you file a claim and Similac agrees to a future settlement (by no means a guarantee), what kind of potential Similac settlement amount might you be able to expect from a claim?
IMPORTANT: As of mid-2022, Similac has not agreed to any settlements in baby formula lawsuits related to NEC claims. The company strongly denies any liability and/or wrongdoing.
“What Are Potential Similac Lawsuit Settlement Amounts?”
To be clear, as of mid-2022, no settlements in Similac NEC lawsuits have been made, and there are no guarantees that these claims will result in a settlement. However, we can estimate potential Similac baby formula settlement amounts based on the information available and the outcome of previous, similar litigation.
The current claims against Similac have been consolidated into a multidistrict litigation (MDL). The judge presiding over these cases will likely schedule a series of “bellwether” cases to determine how a jury will respond to the evidence presented. The outcome of these potential Similac bellwether cases will help determine two things:
- Whether the jury typically rules in favor of the defendant (Abbott) or the plaintiffs
- Whether Abbott is inclined to consider a potential Similac settlement
If these bellwether cases do not result in a settlement or other resolution, the cases may be sent back to their original U.S. District Court for future individual trials.
These bellwether cases also determine what kind of potential Similac lawsuit settlement amounts we may eventually see. They don’t determine exactly what kind of settlement amounts each case will receive, but they do give an indication of the kind of damages that juries are willing to award to plaintiffs.
To get an idea of what kind of potential settlement amounts may be agreed to in baby formula cases like this, we can look at other recent product liability cases where companies failed to warn consumers of the effects of their products.
Johnson & Johnson — Talcum Powder Settlements (2020)
In 2020, Johnson & Johnson agreed to pay out over $100 million to settle over a thousand lawsuits alleging that their talc-based baby powder contained cancer-causing asbestos. However, they are currently attempting to avoid paying out future talcum powder settlements using a controversial legal maneuver called the “Texas two-step.” Under this scheme, Johnson & Johnson transferred its talcum powder liabilities to a new subsidiary company and then that subsidiary filed for bankruptcy to halt the litigation proceedings.
Bayer/Monsanto — Roundup Settlements (2021)
Bayer has agreed to pay out approximately $11 billion to settle lawsuits that allege that the company did not correctly label their popular weedkiller Roundup to include a warning about potential increased cancer risks associated with the product. Bayer has settled around 80% of the 125,000 claims brought against the company after it acquired Monsanto, the original manufacturer of Roundup, in 2018.
These settlement amounts are based on various factors and do not necessarily indicate exactly what potential Similac settlement amounts claimants might expect in these evolving cases. However, they can provide some guidance as to what might be on the horizon in the event that Abbott Laboratories agrees to consider a global settlement. Based on amounts previously awarded to plaintiffs in other recent product liability cases, any potential Similac NEC lawsuit settlements may fall within a wide range of potential compensation, potentially anywhere from $10,000 to $800,000. This is simply a rough estimation based on the limited facts we have at this early stage of litigation and settlements finalized in other recent product liability lawsuits.
IMPORTANT: To be clear, there have NOT been any settlements in Similac baby formula NEC lawsuits as of mid-2022, and there are no guarantees that ANY settlements will be agreed to in the future. As of mid-2022, Similac’s manufacturer Abbott Laboratories has denied any liability and/or wrongdoing in these cases.
“What If My Infant Fed with Similac Baby Formula?”
If you are currently using Similac formulas to feed your infant, you should consult with your pediatrician or another healthcare provider about the safety and efficacy of your current formula. Certain lots of Similac and Enfamil formula are also currently being recalled due to a bacterial contamination risk from their Sturgis, Michigan formula. You can consult this website for information on which products are currently being recalled.
Do You Have a Claim for a Similac Lawsuit?
If your infant has been fed Similac cow’s milk-based baby formula (or another qualifying formula) and was later diagnosed with necrotizing enterocolitis (NEC), you may be entitled to compensation in a Similac baby formula lawsuit or potential (but by no means guaranteed) Similac settlement.
For a FREE, no-obligation consultation with an experienced baby formula lawsuit attorney at Riddle & Brantley, 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.
Since 2000 alone, our product liability lawyers have recovered over $600 million for injury victims (see disclaimer below) and we would love to help however we can.
“They made a hard time in my life easier to endure.”
–Melissa C., Riddle & Brantley client
Justice Counts for infants who have suffered from NEC potentially as a result of feeding with Similac, Enfamil, or other cow’s milk-based formula. We would love to help however we can. Call 1-800-525-7111 and let’s review your claim.
*** 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.