Lawsuits are being filed against Enfamil and Similac baby formula manufacturers by parents of premature infants who developed necrotizing enterocolitis (NEC) after being fed these products. NEC is a severe bowel disease that can lead to tissue death and serious infections, particularly in premature babies who require special care and nutrition.
Studies have indicated that feeding premature infants bovine-based (cow’s milk) formulas like those from Enfamil and Similac increases their risk of developing NEC. Despite this knowledge, Abbott Laboratories and Mead Johnson & Company, makers of these formulas, have not included warnings about this potential health threat on their products.
What are the Symptoms of Necrotizing Enterocolitis?
NEC grows and develops over time. Early identification can be crucial to treating and restoring the average life expectancy. The following are the symptoms of NEC;
- Metabolic acidosis
- Abdominal distention
- Feeding intolerance and residuals
- Jaundice appearance
- Greenish fluid in the abdominal wall
- Lethargy
- Decreased bowel sounds
- Difficulty breathing,
- Slow heart rate
NEC Baby Formula Lawsuits
In 2022, these NEC baby formula lawsuits against Abbott Laboratories and Mead Johnson were consolidated into multidistrict litigation, bringing nearly 500 cases into one federal court under a single judge.
The recent $60 million verdict awarded to Jasmine Watson, who lost her baby to NEC, could encourage more parents to file lawsuits against the formula manufacturers. This large verdict suggests that juries may favor the parents of children affected by NEC, potentially leading to substantial settlements. Mead Johnson plans to appeal the verdict, stating to Reuters that “the allegations from the plaintiff’s lawyers in this case were not supported by the science or experts in the medical community.”
Despite all infant formulas in the U.S. requiring FDA approval, FDA-approved formulas can still increase the risk of NEC. Some of the products named in NEC baby formula lawsuits include Enfamil Human Milk Fortifier, Enfacare Powder, Enfamil NeuroPro EnfaCare Infant Formula, Similac Special Care, Similac Neosure, and Similac Human Milk Fortifier.
Who can file an NEC lawsuit?
If your premature baby consumed a cow’s milk-based formula or fortifier, developed NEC, and experienced abdominal injuries or passed away, you may be eligible to file an NEC lawsuit against the manufacturers.
It’s essential to pursue your claim promptly, as the statute of limitations for these cases varies by state, typically being two or three years from the date of injury. While a lawsuit cannot erase the difficulties experienced during your baby’s NICU stay or the ongoing health challenges they may face, nor can it fully comfort parents grieving a baby lost to NEC, it can provide the financial support needed to recover from the trauma of a necrotizing enterocolitis diagnosis.
Contact Turnbull, Holcomb & Moak at 888-488-9616 or submit your case details online for a consultation. Our attorneys can offer personalized support and advocate for justice on behalf of affected families.
