NEC Lawsuit

NEC baby formula lawsuits allege that babies who were given Similac or Enfamil cow milk formulas ended up with a severe disease called necrotizing enterocolitis. This disease can seriously injure the intestines and even cause death. The lawsuits state that the baby formula manufacturers, Mead Johnson and Abbott Laboratories, didn’t tell parents about the risks of NEC. People believe that the companies should have warned about the possible dangers linked to these cow milk based formulas.

What is the NEC Lawsuit for Babies? 

Parents have taken against baby formula manufacturers, Similac and Enfamil, because their infants were diagnosed with a severe stomach disease called necrotizing enterocolitis (NEC) after drinking cows milk baby formula. These are known as the NEC baby formula lawsuits. NEC is a severe gastrointestinal problem that causes parts of the intestines to die, and can lead to major health issues or even death.

Research has found that premature babies who are given cows milk baby formula, like those made by formula manufacturers Abbott and Mead Johnson, are more likely to be diagnosed with NEC. The NEC baby formula lawsuit says that these companies knew about the risks of necrotizing enterocolitis, but didn’t warn people about it and kept selling the toxic baby formula.

In early 2022, judges brought together Similac and Enfamil lawsuits from different parts of America into one giant legal action in the Northern District of Illinois. This is known as multidistrict litigation, and it’s under MDL #3026.

All these cases argue the same thing: that cows milk based formula products from Enfamil and Similac are more likely to cause NEC in babies born prematurely compared to other options that might be safer. The legal document that moved the cases to this location, called the case transfer order, explains this claim.

What is the Status of the NEC Baby Formula Lawsuits Against Enfamil and Similac? 

As of July 2023, there were 191 ongoing NEC baby formula lawsuits in Illinois, all being reviewed by Judge Rebecca R. Pallmeyer. These lawsuits are connected to NEC (necrotizing enterocolitis), a disease that’s been linked to cows milk baby formula products. Up until now, there have been no jury decisions or widespread settlements in this particular legal case, referred to as MDL number 3026.

After the attorneys finish gathering information, known as discovery, the first significant test trials, called bellwether test trials, could start as early as 2024.

Here’s a timeline of the latest updates on the NEC baby formula lawsuits:

• August 2022: A legal decision combined about 97 lawsuits over NEC claims in Illinois MDL 3026, and Judge Rebecca Pallmeyer was put in charge.
• January 2023: There were 97 cases in MDL 3026.
• March 2023: 122 NEC lawsuits were waiting to be resolved in the MDL.
• March 2023: A special day called “Science Day” was planned for May 3, 2023. Both sides presented scientific information about NEC and how it’s related to cows milk baby formula.
• April 2023: At this time, 157 cases were pending, and lawyers were working out how to proceed with discovery.
• July 2023: 191 active baby formula NEC lawsuits in the Illinois MDL, with Judge Pallmeyer overseeing. No official dates for the bellwether test trials have been set.

Separately, Judge Matthew Kennelly is overseeing another legal group called Abbott MDL 3037, also in Illinois. This legal matter is about bacterial contamination in Abbott’s infant formula products, which is separate from the NEC baby formula lawsuits.

How Much Will the NEC Formula Lawsuits Pay?  

The exact amount of money that the NEC baby formula lawsuits could be worth isn’t known yet, but some lawyers think it might be worth millions of dollars.

In older cases related to NEC (necrotizing enterocolitis), some juries have awarded plaintiffs anywhere from $1.5 million to $23 million. However, those cases were usually against doctors or hospitals, not baby formula manufacturers like Abbott and Mead Johnson. Still, a few attorneys are using these older cases to guess how much the NEC baby formula lawsuits might be worth.

Once the bellwether trials take place in 2024, legal experts will have a clearer idea of just how much these baby formula lawsuits might be worth. The decisions made by juries after these trials could generate large settlements from companies like Similac and Enfamil.

It’s important to understand that there’s no guaranteed amount of money for the caregivers and parents involved in these lawsuits. The worth of a baby formula lawsuit could depend on many factors, such as how badly the baby was hurt, the cost of the medical bills, damages, and other losses related to the NEC diagnosis. Different cases might have different outcomes, and lawyers involved in the NEC lawsuits will likely consider all these details when working on a case.

Who is Eligible to Join the NEC Baby Formula Lawsuit? 

If you’re the parent or caregiver of a premature baby who was diagnosed with NEC (necrotizing enterocolitis) after they consumed Similac or Enfamil, two types of cows milk baby formula, you may be eligible to file an NEC baby formula lawsuit.

Your baby might have had this formula while in the hospital, or perhaps you took some of the formula from the hospital when you brought your premature baby home. You might have even bought Similac or Enfamil for your preterm infant after you left the hospital.

Lawyers who are working on the baby formula NEC lawsuit suggest gathering all the proof you can find, like medical records, receipts, and even the packaging from the baby formula. These items could be crucial evidence in your case. 

If you’re not sure whether your baby was fed Similac or Enfamil, don’t worry. A lawyer specializing in formula lawsuits could help you find this information, possibly from the hospital or other sources, to support your NEC baby formula lawsuit.

Enfamil and Similac Baby Formula Recalls

As of today, Enfamil and Similac have not issued recalls due to NEC. However, in February 2022, Abbott Laboratories did issue a baby formula recall for a different reason—possible bacterial contamination, after some infants died due to infection.

This recall affected specific batches of Similac, Alimentum, and EleCare, Similac baby formulas made at Abbott’s manufacturing plant in Michigan. In March 2022, the FDA inspected the plant and found several types of a dangerous bacteria called Cronobacter sakazakii, although they didn’t find the bacteria in the actual samples of the product. 

Cronobacter is very harmful to infants, and can cause severe sickness or even death. Signs of an infection include symptoms like body temperature changes, yellowing of the skin (jaundice), trouble breathing, irritability, poor eating, and lots of crying. If you think your child might be infected, you should get in touch with their doctor immediately.

If you’re worried that your baby’s formula might be part of the recall, you can check the lot numbers on Abbott’s recall website. If the formula has been recalled, follow the instructions given on the baby formula manufacturer website to ensure the safety of your baby.

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