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NEC Baby Formula Lawsuit: What to Do if Your Newborn Was Injured

Parents are filing lawsuits against Similac and Enfamil baby formula manufacturers. Their cow’s milk-based products are linked to necrotizing enterocolitis (NEC), a life-threatening intestinal infection in premature babies.

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Are you the parent of a premature infant diagnosed with NEC after consuming Similac or Enfamil formula? If so, you may be qualified to bring a product liability lawsuit against the baby formula manufacturers.

The law firm of Meirowitz & Wasserberg, LLP is working on behalf of such parents to file claims in the NEC class-action lawsuit.

Did your baby suffer or die from NEC after being exposed to Similac or Enfamil baby formula products? To explore your legal options, please book your free legal consultation today.

The deadline to file an NEC baby formula lawsuit claim may be fast approaching. Our experienced and friendly baby formula lawyers are standing by to answer your questions.

What is necrotizing enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a severe intestinal infection affecting premature infants. The life-threatening condition can cause the death of intestinal tissue, which can lead to bowel obstruction, sepsis and even death. NEC is a leading cause of death in premature infants, and babies who survive can suffer lifelong health care problems.

Common symptoms of NEC include:

  • Blood in stool
  • Diarrhea
  • Abdominal pain
  • Bloating
  • Vomiting
  • Weight loss
  • Lethargy
  • Feeding intolerance

If your baby is showing any of these symptoms, please contact your doctor immediately.

Mom bottle feeding child

Cow’s Milk Formulas Linked to NEC in Premature Babies

Newborns are particularly susceptible because they don’t have fully developed immune systems.

Although the exact causes of NEC are unknown, data from several peer-reviewed studies found that preterm infants fed breast milk were far less likely to develop NEC than those fed cow’s milk-based infant formula.

  • According to a 1990 study in The Lancet, NEC was six to 10 times more common in premature babies only fed formula than those nourished through breastfeeding alone.

The Benefits of Human Breast Milk vs. Cow’s Milk Formulas

According to the American Academy of Pediatrics, the primary way to prevent NEC is to avoid cow’s milk formula and feed preterm infants an exclusive diet of human breast milk.

If you cannot breastfeed your preemie, ask your doctor about using a human milk-based formula.

In addition to reduced risk of NEC, other benefits of human breast milk over bovine-derived milk formulas include:

  • Increased antibodies to fight infection
  • Reduced risk of sudden infant death syndrome (SIDS)
  • Reduced risk of childhood obesity
  • Lower incidence of other gastrointestinal problems

NEC in Premature Infants Caused by Enfamil and Similac Baby Formulas

Some of the specific cow’s milk-based formula brands linked to NEC include:

  • Similac Special Care
  • Similac Human Milk Fortifier
  • Similac Alimentum
  • Enfamil Premature
  • Enfamil Human Milk Fortifier
  • Enfamil NeuroPro Enfacare

If your premature baby consumed Similac or Enfamil formula and later developed NEC, you may be able to file a product liability lawsuit against the manufacturer.

Similac and Enfamil Failed to Warn of Increased Risk of NEC

The two leading cow’s milk-based infant formula brands, Enfamil and Similac, are manufactured by Mead Johnson and Abbott Laboratories. Both manufacturers knew or should have known about the higher risk of bacterial infection associated with their products, but they failed to warn parents and doctors. As a result, thousands of preemies have needlessly suffered from NEC.

Injured Consumers Can Hold Formula Manufacturers Liable

Don’t let the baby formula manufacturers get away with hurting your family.

If your newborn baby developed NEC, you might be eligible to join the national class-action lawsuit against Mead Johnson and Abbott Laboratories, the makers of Similac and Enfamil infant formulas.

Do I qualify for the NEC baby formula lawsuits?

We are currently reviewing new clients who may qualify for the Enfamil and Similac baby formula lawsuits.

You may be eligible to participate in the lawsuit if your baby:

  • was fed Similac or Enfamil formula
  • was born prematurely (before 37 weeks gestation)
  • developed NEC

Contact our baby formula attorneys today for a free consultation if you think you may qualify. We will review your case and help you understand your legal options.

Statutes of Limitations for Baby Formula Lawsuits

Parents still have time to join the infant formula class-action lawsuit—but the deadline to file a claim may be fast approaching. Because the statutes of limitations to file are complex and vary from state to state, it’s wise to speak with an experienced personal injury attorney as soon as possible.

If your baby was harmed by Similac or Enfamil infant formula, don’t miss your chance to seek justice.

How much compensation can victims expect from the lawsuits?

The average jury or settlement awards in NEC formula lawsuits have ranged between $1.35 million and $7 million. However, lawsuit settlements depend on many factors, so estimating how much individual plaintiffs may receive is always tricky.

Some factors may influence the size of potential payouts, such as:

  • The severity of the NEC injuries
  • Whether the baby required surgery
  • Whether the baby has long-term medical problems because of NEC
  • The costs of past and future medical treatment
  • Pain and suffering caused by the injury

No parent should ever have to go through the heartbreak of watching their baby suffer. No parent should ever have to bury their child. But that’s the cold reality for too many families who have been devastated by NEC.

If you have a valid NEC claim, our attorneys will fight to get you and your family the maximum financial compensation possible for your injuries and loss. Compensation may include:

  • Past and future medical expenses
  • Pain and suffering
  • Emotional distress
  • Funeral and burial costs
  • Punitive damages (if available)

Infant Formula Lawsuits: 2022 Updates

The Legal Examiner reports that as of April 27, the Enfamil and Similac lawsuits spread across several states have been consolidated into multidistrict litigation (MDL). In other words, the 16 class-action suits and other claims related to NEC will be managed together under one court to streamline the litigation process.

This action does not mean it is too late for new plaintiffs to join the lawsuits. If you believe Similac or Enfamil harmed your child, you still have time to participate in the MDL against Mead Johnson and Abbott Laboratories.

Call Meirowitz & Wasserberg, LLP personal injury lawyers at (844) 446-9529 to discuss your case with one of our knowledgeable attorneys.

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