Enfamil Lawsuit

Parents of infants who developed the medical condition called necrotizing enterocolitis (NEC) after consuming Enfamil’s cow milk based formula have initiated Enfamil lawsuits against the manufacturer, Mead Johnson. These legal actions assert that Mead Johnson was aware of a substantiated link between NEC and their milk based formula product, yet failed to adequately disclose the critical information to both parents and healthcare professionals. 

Why are Parents Filing Enfamil Lawsuits? 

Parents of babies who were fed Enfamil’s cows milk based formula and subsequently developed necrotizing enterocolitis are initiating Enfamil lawsuits against Mead Johnson, seeking compensation for damages and medical expenses. Tragically, in some instances, babies have passed away after being diagnosed with NEC. 

One such case involves Shennice Joseph, claims that her preterm infant was fed Enfamil cow milk formula in the NICU at Children’s Healthcare of Atlanta, Egleston Hospital. After using Enfamil formula for 2 months, the child was diagnosed with NEC and later passed away from kidney failure. Joseph filed an Enfamil lawsuit against Mead Johnson, seeking $75,000 for the loss of her child.

Another Enfamil lawsuit has been filed by Octavia Patton-Ashley, who filed a lawsuit against both Mead Johnson and Similac manufacturer, Abbott Laboratories, after her son developed NEC. Patton-Ashley claims that she was unaware of the NEC’s association with cows milk based infant formulas, and opted for the product based on a doctor’s suggestion.

Patton-Ashley’s lawsuit asserts that both baby formula manufacturers withheld critical information from healthcare professionals that may have influenced their baby formula recommendations. The withholding of information is presented as a breach of trust, and possibly a contributing factor to the tragic outcome. 

Patton-Ashley’s baby, unfortunately, passed away due to NEC complications, adding to the complex web of legal actions concerning Enfamil and Similac lawsuits, and raising serious questions about product liability and corporate responsibility in the marketing and labeling of infant formulas.

Who can File an Enfamil Lawsuit? 

If your baby developed necrotizing enterocolitis after consuming Enfamil’s cows milk based infant formula, you could have the legal grounds to initiate an Enfamil lawsuit. Engaging in legal action through an Enfamil baby formula lawsuit could help you recoup expenses incurred from lost wages or medical treatments, and potentially grant a settlement for emotional distress.

An attorney experienced in Enfamil lawsuits and product liability can perform a free case evaluation to decide whether your situation warrants filing a lawsuit. Should you decide to take legal action against Mead Johnson or other associated entities, they can assist you in effectively filing and managing your Enfamil lawsuit, guiding you through the legal complexities that surround the issues related to infant formula.

Enfamil Lawsuit Timeline and Updates

The parents of infants who were diagnosed with necrotizing enterocolitis (NEC) after consuming Enfamil’s cow milk based formula are filing lawsuits against the formula’s manufacturer, Mead Johnson. These Enfamil lawsuits allege that the company neglected to warn consumers about the association between NEC and cows milk based infant formulas.

Due to similarities to the NEC baby formula lawsuits against Mead Johnson (and those against Similac’s manufacturer, Abbott Laboratories), the plaintiffs sought consolidation into multidistrict litigation (MDL). The U.S. District Court for the Northern District of Illinois’s Chief Judge Rebecca R. Pallmeyer is overseeing the MDL process.

The timeline for the Enfamil lawsuits and Similac lawsuit includes:

  • February 2022: Mead Johnson, Abbott Laboratories, and plaintiffs pursue consolidation of cases filed against both Enfamil and Similac dairy-based baby formulas after infants who were given these formulas developed NEC.
  • April 2022: Courts grant consolidation of NEC baby formula lawsuits against Mead Johnson and Abbott Laboratories into one single MDL. 
  • October 2022: Selection of 12 bellwether cases for early trial in an attempt to gauge jury reaction to evidence, possibly facilitating quicker settlements
  • May 2023: Pending cases tally 166.
  • July 2023: The number of pending NEC baby formula cases in the MDL reaches 191.

The discovery phase for 12 bellwether test trial candidates will proceed until December 2023.

The plaintiffs in the MDL contend that both Mead Johnson and Abbott Laboratories were aware of the NEC risks, but still actively marketed their dairy-based infant nutrition products to families and medical communities without warnings. Further allegations include a failure to adequately explain the risk on product labels, adding to the Enfamil baby formula lawsuit and Similac lawsuit’s complexity and seriousness.

Enfamil Baby Formula Named in Lawsuits

All dairy-based Enfamil baby formula products, including human milk fortifiers and supplement formulas, in both liquid and powder formulations, may be subject to Enfamil lawsuits. These Enfamil baby formula lawsuits may arise from concerns associated with necrotizing enterocolitis or other health-related issues.

Specific Enfamil formulas mentioned in Enfamil lawsuits include, but may not be limited to:

  • Enfamil 24 Calorie Formula
  • Enfamil DHA-In-Sol
  • Enfamil Enfagrow Toddler and Enfagrow Premium Toddler
  • Enfamil Enspire
  • Enfamil Human Milk Fortifier Acidified Liquid
  • Enfamil Human Milk Fortifier Powder (HCPM)
  • Enfamil Liquid Human Milk Fortifier Standard Protein
  • Enfamil NeuroPro EnfaCare Premature Baby Formula
  • Enfamil NeuroPro Gentlease
  • Enfamil Nutramigen
  • Enfamil Premature 24 Cal
  • Enfamil Premature 30 Cal
  • Enfamil Premature Infant Formula 24 Cal
  • Enfamil Premature Infant Formula 30 Cal with Iron
  • Enfamil Premature Infant Iron Formula 20 Cal
  • Enfamil Liquid Human Milk Fortifier High Protein

If you have any concerns in regards to these baby formula products, it is highly recommended that you consult with your child’s doctor or pediatrician for professional guidance. Should your child be diagnosed with NEC after consuming any of these baby formula products, you may have legal standing to file an Enfamil baby formula lawsuit. 

Hiring an experienced attorney specializing in Enfamil lawsuits and the infant formula lawsuit process is of the utmost importance, and can further evaluate your situation and guide you through the legal process.

Similac Lawsuits vs Multidistrict Litigation 

While both Enfamil and Similac manufacturers are involved in the same multidistrict litigation (MDL) pertaining to issues related to necrotizing enterocolitis (NEC), there are other, separate Similac lawsuits. These other legal actions are unrelated to NEC, and are connected to bacterial contamination found in Similac baby formula.

The contamination lawsuits emerged in the wake of formula recalls and a subsequent nationwide shortage of baby formula in 2022. This particular issue is exclusive to the Similac lawsuit. and does not involve Enfamil or any Enfamil lawsuits. The circumstances surrounding the bacterial contamination have led to additional legal scrutiny, further complicating the landscape of litigation involving infant formula products.

References

  1. https://www.abbott.com/corpnewsroom/nutrition-health-and-wellness/abbott-update-on-powder-formula-recall.html
  2. https://www.cdc.gov/cronobacter/outbreaks/infant-formula.html
  3. https://www.fda.gov/food/outbreaks-foodborne-illness/fda-investigation-cronobacter-infections-powdered-infant-formula-february-2022
  4. https://www.foxbusiness.com/politics/fda-complaint-one-more-infant-death-related-baby-formula
  5. https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-December-15-2022.pdf
  6. https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-July-17-2023.pdf