Our lawyers are representing families whose premature babies developed necrotizing enterocolitis (NEC) or died after being fed cow milk-based infant formulas like Similac and Enfamil. We are actively pursuing NEC lawsuits nationwide, alleging that the formula manufacturers were aware of the increased NEC risk in premature infants but failed to provide adequate warnings to families. If your preterm baby was diagnosed with NEC after using these formulas, you may be eligible for compensation through a class action lawsuit. Contact our baby formula lawyers today at 800-553-8082 for a free consultation. Time to file a claim may be limited.
The NEC baby formula MDL reached 683 pending cases in April 2025, following a significant increase in February. As the May 2025 bellwether trial in *Mar v. Abbott Laboratories* approaches, recent substantial plaintiff verdicts in state court (including a $495 million win in Missouri and a $60 million judgment in Illinois) and the vacating of the only defense verdict due to misconduct are fueling new claims and building momentum for plaintiffs in the upcoming federal trials.
A new lawsuit was filed in the NEC formula MDL on behalf of a family from Lexington, Oklahoma, whose prematurely born son developed NEC after being fed Enfamil in the NICU. The lawsuit alleges that Mead Johnson knew of the increased NEC risk associated with its cow’s milk-based formula for decades but failed to warn parents and doctors, continuing aggressive marketing practices. The family seeks damages for the lasting harm suffered by their child.
A Missouri judge vacated the only defense verdict in the NEC baby formula litigation, finding that Abbott and Mead Johnson intentionally violated court orders to mislead jurors. This ruling reinforces the significant liability these companies face in NEC cases, especially considering prior verdicts totaling nearly $500 million, and increases pressure for them to warn parents about NEC risks. The judge cited repeated introduction of inadmissible evidence, false claims against the plaintiff, improper expert testimony and FDA arguments, and exploitation of the mother’s marijuana use without causation evidence as reasons for the ruling.
The NEC preterm infant formula MDL saw a significant increase of 63 new cases in February, bringing the total number of pending cases in the MDL to 663.
Defendants in the NEC baby formula MDL filed a motion for summary judgment, arguing a lack of admissible expert testimony linking cow’s milk-based formula to NEC in preterm infants, primarily challenging the testimony of plaintiffs’ experts Dr. Logan Spector and Dr. Jennifer Sucre. Plaintiffs are expected to counter by highlighting existing research and internal documents suggesting the formula companies were aware of the risks but failed to warn. The history of substantial plaintiff verdicts in state court suggests the motion is unlikely to be granted.
Abbott Laboratories moved to exclude the testimony of Dr. Jennifer Sucre, a leading neonatologist, regarding the link between formula feeding and NEC in preterm infants. The defense attempted to question her qualifications based on her expertise in lung development, despite her extensive credentials and reliance on established biological mechanisms. This move is seen as an attempt to undermine credible expert testimony damaging to the defense.
A Joint Status Report in the MDL outlined a streamlined pretrial briefing schedule for Rule 702 and dispositive motions, aiming to focus on key issues and defer case-specific motions. The schedule includes staggered briefing for general and case-specific experts, agreed page limits, and plans for resolving disputes over reports and depositions. Dates for motions in limine and the final pretrial conference for the first bellwether trial (*Mar*) were set, with the trial scheduled to begin on May 5, 2025.
The status conference in the MDL scheduled for today was postponed and has not yet been rescheduled.
The schedule for the first four bellwether trials in the NEC infant formula MDL was announced:
The hope is for a global settlement before these trials commence.
Only 6 new NEC cases were added to the MDL in December, a notable decrease from the prior two months, bringing the total pending cases to 632.
The Judicial Panel on Multidistrict Litigation denied a motion to remand a lawsuit to California state court, keeping it within the Illinois federal MDL. The lawsuit alleges Similac and Enfamil caused NEC in a premature infant. The panel found no lack of federal subject jurisdiction to impede transfer, highlighting that many plaintiffs are considering state court options due to quicker progress and significant verdicts, including a $495 million award in Missouri and a $60 million verdict against Mead Johnson.
The NEC infant formula MDL added 26 new cases in November, maintaining the previous month’s pace and bringing the total to 626 cases. The increase is partly attributed to state court verdicts prompting more filings outside the MDL.
Judge Pallmeyer scheduled an in-court status hearing for December 19, 2024, to address bellwether trial preparation, discovery progress, and potential settlement efforts.
A recent defense win in a Missouri trial, *Whitfield*, was acknowledged as a reminder of the unpredictability of jury trials but is not expected to derail the overall momentum of the NEC litigation, with plaintiffs’ attorneys remaining optimistic due to prior significant state court verdicts.
An increasing number of NICUs are prioritizing donor milk for preterm infants to mitigate NEC risk, influenced by growing research linking cow milk to the condition and, likely, the ongoing NEC litigation.
The defense verdict in the *Whitfield* trial in Missouri is not expected to slow the NEC litigation, with over 600 cases pending in the MDL and more being filed in state court. The state court litigation is currently setting the tone for this litigation.
A judge sanctioned a Kirkland & Ellis partner, the lead attorney for Abbott Laboratories in the Missouri NEC baby formula trial, for repeated bad faith violations of court orders, barring him from presenting evidence or making closing arguments. The judge accused the attorney of attempting to provoke a mistrial, suggesting Abbott was concerned about the trial’s direction.
In the *Whitfield* trial, a defense expert testified that the child’s intellectual impairments could be due to a genetic condition (possibly Kabuki syndrome) rather than NEC caused by cow milk formulas, despite the child’s significant bowel removal due to NEC. Notably, the expert did not personally evaluate the child.
Key issues for the upcoming MDL status conference included pending motions (dismissal of non-cancer cases, enforcement of discovery against L’Oréal, motions to dismiss by defendants), the bellwether trial selection process, defendant-specific discovery issues, motions to dismiss by “second-wave” defendants, and an amendment to the Case Management Order regarding plaintiff identification and tracking.
Opening statements began in the *Whitfield v. St. Louis Children’s Hospital* NEC baby formula trial, notable for including the doctors as defendants. The argument is that if healthcare providers were aware of the risks of cow milk formula and did not properly advise parents (especially when donor milk was available), they share responsibility with the formula manufacturers.
Commentary criticized the defense argument that a warning about NEC risk in baby formula was unnecessary because hospitals were already aware of the risk. The importance of warning labels for all users, including parents, and the unreasonableness of assuming universal knowledge among all stakeholders were highlighted.
The NEC infant formula MDL added 27 new cases in September, bringing the total to 598. Following two significant plaintiff verdicts, an increase in new filings was expected, with state court litigation currently being the more active front. A new trial also began in Missouri against Abbott, Reckitt, and St. Louis Children’s Hospital.
Lawyers were expected to provide a joint submission of proposed trial dates for the MDL.
An NIH-funded study in JAMA demonstrated that extremely preterm infants fed donor human milk had half the incidence of NEC compared to those fed formula, providing strong scientific support for plaintiffs’ claims in the NEC baby formula litigation.
Tort reform lobbyists predictably criticized the recent large NEC baby formula verdicts in Missouri ($495 million) and Illinois ($60 million), focusing on attacking trial lawyers’ motives rather than the merits of the claims and employing the “junk science” narrative without substantive evidence. The concern about manufacturers potentially ceasing formula production was acknowledged but not seen as a justification for discouraging meritorious lawsuits, especially when a simple warning label could mitigate future harm.
Details of the first bellwether trial, *Mar v. Abbott Laboratories*, were provided. The case involves a premature baby born in West Virginia in January 2014 who was initially fed breast milk but then given Similac Special Care 24. The baby developed severe NEC, underwent emergency surgery, and tragically died. The parents were unaware at the time that cow’s milk-based formula could be a contributing factor. The mother filed a wrongful death lawsuit against Abbott.
The parties in the NEC infant formula MDL agreed on the order of the first four bellwether trials: *Mar v. Abbott Laboratories*, *Diggs v. Abbott Laboratories*, *Etienne & Brown v. Abbott Laboratories*, and *Inman v. Mead Johnson & Co.* A remote status conference was requested for August 29, 2024.
While NEC litigation has been prominent in state courts and the Illinois MDL, Philadelphia is emerging as a new key venue known for being favorable to plaintiffs. Unlike the consolidated MDL, Philadelphia cases are individual lawsuits, with NEC lawyers employing a tactic of suing hospitals alongside manufacturers, potentially creating conflicts in defense strategies, especially given recent large verdicts that might incentivize hospitals to distance themselves from formula makers by blaming inadequate warnings. The first trial in Philadelphia was anticipated in the spring of 2025.
Mead Johnson filed to remove a Virginia-based NEC lawsuit to the MDL in Illinois, arguing federal jurisdiction due to diversity of citizenship and claiming that Abbott Laboratories was fraudulently joined to prevent removal under the forum defendant rule, as the infant allegedly consumed only Mead Johnson products.
Plaintiffs’ lawyers in the federal MDL were granted permission to depose five individuals from Mead Johnson by August 20, 2024, including figures in portfolio management, product innovation, regulatory affairs, nutrition leadership, and marketing, to gather information relevant to the link between their formulas and NEC. The court maintained the fact discovery deadline of August 9, 2024, with a possible limited extension. This development suggests increased pressure on the MDL to progress following state court verdicts.
A Missouri jury awarded a landmark $495 million in damages ($95 million compensatory, $400 million punitive) to a girl who developed NEC after consuming Abbott Laboratories’ premature infant formula. This verdict, following a previous $60 million award against Mead Johnson, is seen as a game changer, suggesting jurors were highly critical of Abbott’s actions and indicating a potentially high liability for formula manufacturers in this litigation, urging them to pursue settlements. Abbott’s stock value reportedly dropped significantly after the verdict.
Abbott CEO Robert Ford stated the company was considering withdrawing its premature infant formula due to legal and safety concerns, while also calling for public health officials to intervene and criticizing the lawsuits as lacking merit. An alternative suggestion was made for Abbott to add a clear warning label to the product to allow informed parental choice and mitigate future lawsuits.
The first trial against Abbott for its premature infant formula began in Missouri, focusing on the claim that Similac caused a plaintiff’s daughter to develop NEC. This trial was considered a significant bellwether, following a $60 million verdict against Mead Johnson in a similar case.
A new NEC lawsuit was filed in the MDL alleging that a prematurely born infant at Rose Medical Center in Denver developed severe health complications after being fed cow’s milk-based products, including Enfamil Premature Infant Formula and Enfamil Human Milk Fortifier.
Here is the upcoming schedule for the NEC MDL:
| Event | Date |
|---|---|
| Close of fact discovery | August 9, 2024 |
| Parties to submit position papers regarding the representativeness of the trial selections | August 23, 2024 |
| Plaintiffs to submit reports of general experts and case-specific experts in all trial selections | September 25, 2024 |
| Defendants to submit reports of general experts and case-specific experts in all trial selections | October 28, 2024 |
| Parties to submit rebuttal expert reports | November 15, 2024 |
| Depositions of experts | November 4, 2024 through January 10, 2025 |
| Summary judgment and/or Daubert motions (for all trial selections) | January 24, 2025 |
| Responses to summary judgment and/or Daubert motions | February 28, 2025 |
| Replies in support of summary judgment and/or Daubert motions | March 14, 2025 |
| Hearing(s) on summary judgment and/or Daubert motions | March 24, 2025 |
| Final pretrial conference in first bellwether trial | April 17, 2025 |
| Start of first bellwether trial | May 5, 2025 |
The first bellwether trial in the NEC baby formula MDL is scheduled to begin on May 5, 2025.
A recent NEC lawsuit involved a premature infant born at 32 weeks and 6 days gestation on May 29, 2004, at Children’s Memorial Hermann Hospital in Houston, Texas. The infant, weighing less than six pounds, was fed Enfamil Premature 20 and subsequently developed NEC around June 1, 2004, requiring extensive medical treatment and a prolonged NICU stay until discharge on July 23, 2004. The lawsuit alleges the mother was unaware that cow’s milk-based formula could cause NEC.
The MDL judge ruled to keep a Nevada NEC lawsuit in Illinois state court. The case involves a premature infant in Nevada who developed NEC after being fed Mead’s formula, resulting in significant medical interventions and spastic cerebral palsy. The lawsuit’s complex procedural history involved filings in Illinois and Nevada before consolidation in the MDL, with later attempts to remand to state court due to the addition of Nevada medical staff as defendants. The recent $60 million verdict in Illinois state court is influencing the preferred venue for many NEC lawsuits.
The MDL judge issued a new Case Management Order requiring plaintiffs’ lawyers to provide clear evidence that an infant consumed Mead Johnson & Company products before naming them as defendants in NEC lawsuits. Attorneys must thoroughly review medical and feeding records to verify product usage and conduct further investigation if records are inconclusive. Failure to comply can result in dismissal of Mead Johnson from the lawsuit.
A significant number of new lawyers entered appearances for Mead Johnson in the MDL this week, potentially indicating increased preparation following a recent substantial verdict.
An Illinois state court jury awarded $60 million to the plaintiffs in a NEC lawsuit against Mead Johnson. The jury found that Mead Johnson failed to adequately warn of the risks of NEC associated with its cow’s milk-based formula for premature infants, and this failure to warn led to a child’s death. This landmark verdict in the first NEC failure-to-warn trial is expected to significantly impact the litigation.
MDL Judge Rebecca Pallmeyer informed NEC baby formula lawyers of her willingness to monitor depositions to ensure compliance, aiming to prevent non-responsive behavior from corporate witnesses, a common issue in MDLs.
Four bellwether cases involving infant death and severe complications from NEC after formula feeding were selected for trial in the federal NEC class action lawsuit. These trials are expected to begin by 2024 and will provide insights into potential jury reactions, influencing settlement possibilities. Judge Pallmeyer indicated that if settlements are not reached after these trials, many individual cases will likely be sent back to their original U.S. District Courts for trial.
The statute of limitations is expected to be a point of contention in some NEC lawsuits. A San Francisco Superior Court judge tentatively approved Abbott Laboratories’ motion to dismiss sixteen lawsuits but allowed parents to revise and refile, arguing the filing timeframe should begin when they became aware of the alleged issues with the formula.
*Hayes v. Mead Johnson & Co, LLC, et al.*, a recent case filed in the Southern District of Indiana, was transferred into the NEC infant formula MDL. The case involves Adam Smith, born prematurely at 23 weeks in April 2003, who developed NEC after being fed Enfamil Premature 24 and suffered lasting complications.
A study from Emory University indicated that African-American infants born prematurely have a higher likelihood of developing and dying from NEC compared to white infants. This finding aligns with the disproportionate representation of minorities among plaintiffs in the NEC litigation and suggests disparities in healthcare access, such as to human donor milk.
Nine new NEC lawsuits were added to the MDL in the past month, bringing the total to 97 pending cases. This number is not representative of the total expected claims, as our firm alone represents more than this number. The relatively smaller size of this litigation might facilitate reasonable settlement offers from the defendants.
Judge Pallmeyer announced plans to hold a “science day” in the NEC infant formula class action lawsuit to educate the court on the scientific evidence and issues relevant to the cases.
Eight cases were identified for the bellwether program in the NEC MDL, with defendants to select four more by the end of the month. Plaintiffs in these 12 cases will be required to complete fact sheets as the first step in the bellwether discovery process.
The MDL judge granted a motion to remand 29 cases to state courts in Pennsylvania because these lawsuits included claims against local hospitals in addition to the formula manufacturers, thus not meeting federal diversity jurisdiction requirements. Following these remands, 106 cases remained in the NEC formula MDL.
In the NEC baby formula MDL, a list of 66 potential bellwether cases was submitted to the judge. The court will randomly select four cases to join four chosen by the plaintiffs and four by the defendants, forming a pool of 12 for fact discovery. Afterward, each side will select two cases from this pool for initial bellwether trials.
The judge in the NEC infant formula MDL issued her first significant Case Management Order, setting rules and timelines for selecting bellwether test cases for discovery and trials. The process involves each party and the court selecting four cases to form an initial pool of 12 for fact discovery, from which four cases will be chosen for the first bellwether trials, scheduled 12 weeks apart.
Attorneys in the NEC baby formula MDL proposed a plan for selecting a pool of 12 bellwether candidate cases, with an even number involving Abbott and Mead Johnson. These 12 cases will undergo pre-trial fact discovery, after which each side will select two cases for the initial four test trials.
A new study in *JAMA Pediatrics* highlighted that NEC significantly increases the risk of death in premature infants and that survivors often face permanent disabilities and prolonged medical care, underscoring the importance of warnings regarding the risks associated with infant formula.
The American Academy of Pediatrics issued new guidelines recommending parents avoid infant formula entirely for newborns and urging hospitals to cease promoting formula products in favor of emphasizing breastfeeding.
The Formula NEC MDL is underway in the Northern District of Illinois, with 52 active cases consolidated as of May 16. The judge held the first status conference on May 19 and will appoint lead counsel and a leadership committee this week. The number of consolidated cases is expected to increase significantly.
NEC baby formula lawsuits are progressing, with a high level of interest from parents. Viable lawsuits typically involve children born after 2011, as older cases often face challenges in obtaining medical records. More recent cases also strengthen the argument that parents and doctors should have been warned of the risks. Our firm is reviewing cases dating back to 2001.
The MDL Panel certified a new MDL for NEC baby formula lawsuits, consolidating all federal cases before Judge Rebecca Pallmeyer in Illinois. This is expected to expedite the litigation process, potentially leading to earlier settlement offers.
The Illinois Supreme Court granted a request to consolidate approximately 20 NEC formula cases in Illinois state courts before a single judge in Madison County, creating a state-level “mini-MDL.” Abbott is now seeking to transfer these cases to Cook or Lake County. Cases filed in other states may also end up in this Illinois state court consolidation.
The Similac recall brought increased public scrutiny to baby formula manufacturers’ practices and FDA oversight, which may indirectly support the NEC lawsuits by highlighting potential issues within the industry.
Mead Johnson (Enfamil) joined Abbott in supporting the creation of a federal MDL for NEC baby formula lawsuits, a development favored by plaintiffs seeking to avoid protracted individual litigation. The primary point of contention was the preferred court for the MDL, with defendants favoring Connecticut and plaintiffs preferring the Northern District of Illinois due to the headquarters of both companies being near Chicago.
Our NEC lawyers are awaiting a ruling from the Illinois Supreme Court on a potential state-level class action lawsuit, which could result in parallel state and federal MDLs in Illinois.
Ongoing medical literature continues to support the claims made by plaintiffs in NEC infant formula lawsuits, highlighting the risks associated with NEC and cow milk.
Abbott filed a petition with the JPML to consolidate all NEC infant formula lawsuits into a new MDL, requesting it be located in the District of Connecticut. The petition outlined the link between baby formulas and NEC in premature babies, the historical feeding practices for preterm infants, the issues associated with cow milk in these formulas, and the potential for bacterial septic overload leading to NEC. It also detailed NEC treatment and its potentially life-threatening consequences, as well as long-term complications. The petition referenced studies in *The Lancet* (1990) and the *Journal of Pediatrics* (1999 and 2013) that established a strong link between bovine-based formulas and increased NEC risk in preterm infants, questioning why manufacturers did not provide warnings about these concerns.
Premature babies often require formula to support their development when breastfeeding is not feasible. Similac and Enfamil are leading brands in this market.
Historically, preterm infants have been nourished through parenteral nutrition (feeding tubes), human milk (mother’s or donor), and cow’s milk-based formulas and fortifiers, the latter initially believed to aid growth in low-birth-weight babies.
Most formulas, including Similac and Enfamil, are derived from cow milk, modified with nutrients to resemble human breast milk. While effective for weight gain, recent science has strongly linked these products to necrotizing enterocolitis (NEC), a severe condition with potentially fatal outcomes for preterm infants. Despite this evidence and the development of human milk-based alternatives, manufacturers have largely maintained their cow milk-based products without significant warnings, prioritizing profit over potential harm. Scientific evidence over the past 30 years indicates that cow milk formulas can cause bacterial septic overload in premature infants’ stomachs, leading to intestinal damage and infection.
Treatment for NEC ranges from stopping oral feedings and administering antibiotics to intravenous nutrition and, in severe cases, surgery to remove dead intestinal tissue.
NEC is highly dangerous for premature infants, with a mortality rate of 15-40%, often due to sepsis resulting from intestinal bacteria entering the bloodstream.
Even non-fatal NEC can lead to long-term complications such as intestinal strictures (narrowing), potentially requiring surgery, and short bowel syndrome, affecting nutrient absorption and development.
While NEC is rare in full-term births (1 in 2,000), it is much more common in premature births (around 10%). Research strongly indicates that cow’s milk-based formulas like Similac and Enfamil significantly increase this risk. The American Academy of Pediatrics has long advocated for human breast milk as the best option for preemies due to the NEC risk associated with formula, raising questions about why Abbott and Mead did not provide warnings.
A 1990 *Lancet* study by Dr. Alan Lucas et al. found that formula-fed preterm infants were six to ten times more likely to develop NEC than those fed human milk, attributing the protective effect to components unique to human milk.
A 1999 *Journal of Pediatrics* study by Dr. Richard Schanler et al. reinforced these findings, showing that extremely low birth weight infants fed human breast milk or human milk fortifiers were 90% less likely to develop NEC compared to those on bovine-based formula. Subsequent studies in 2013 further confirmed these risks. These findings have significantly influenced neonatal nutrition practices, emphasizing human milk for preterm infants and providing critical evidence for NEC baby formula litigation regarding the risks of bovine-based formulas and the lack of warnings.
A 2021 *British Medical Journal* study suggested that manufacturers of infant formulas like Similac and Enfamil funded biased clinical trials that may have downplayed the risks of NEC associated with their cow milk products, citing a “universal lack of transparency.”
Additional studies, including a 2014 *Expert Review of Clinical Immunology* article stating that “the risk [of NEC] is increased by the administration of infant formula,” and 2016 and 2017 studies in *Breastfeeding Medicine* and *Seminars in Perinatology* highlighting the benefits of exclusive human milk diets in reducing NEC and mortality, further support the link between bovine formula and NEC. A 2019 Cochrane review also concluded that a causal relationship exists between cow’s milk-based formulas and NEC in premature infants.
Abbott (Similac) and Mead Johnson (Enfamil), despite being aware of the increased NEC risk in premature infants from their cow milk-based formulas, allegedly chose not to include warning labels on their products. The ease of changing warnings under the FDCA raises questions about why they failed to do so, with potential motivations being financial due to anticipated reduced sales. These companies continued to market their products as safe despite growing scientific evidence of the risks.
A growing number of lawsuits are being filed by parents of preemies who developed NEC after being fed Similac and Enfamil, alleging negligent failure to warn about the known risks.
While these lawsuits are new, historical medical malpractice settlements in NEC cases, averaging in the millions, suggest potentially similar compensation if plaintiffs are successful. However, our lawyers anticipate that the formula manufacturers will likely seek global out-of-court settlements to resolve a large number of cases, with settlement amounts potentially differing from potential jury verdicts.
A class action NEC lawsuit is pending in Illinois, meaning federal court filings nationwide will likely be transferred there. However, state court cases also exist, such as in Missouri and Illinois. While the number of plaintiffs in this litigation might be smaller than in some mass torts, the severity of injuries in NEC cases could lead to significant individual settlement payouts.
A 2021 NEC lawsuit in Illinois against Mead Johnson detailed a premature infant born in 2013 who initially thrived on breast milk but developed fatal NEC after being fed Enfamil cow milk-based formula for several days. The lawsuit alleges failure to warn about the known risks of their formula. The statute of limitations in this case is discussed below.
As of February 2021, 33 NEC baby formula lawsuits were filed in Illinois state courts, potentially due to the headquarters of Enfamil and Similac manufacturers being in the Chicago area, precluding federal jurisdiction for in-state lawsuits. Plaintiffs’ lawyers sought to consolidate these cases before a single judge, creating a state-level equivalent of an MDL, which the defendants are likely to favor for efficiency.
The potential creation of a state court MDL in Illinois, a state with laws more favorable to victims and liberal admission of out-of-state lawyers, could make it a central venue for NEC baby formula lawsuits, even those originating elsewhere. This development could push manufacturers to offer fair settlements.
The statute of limitations for filing an NEC lawsuit varies by state and can differ for the child (potentially up to age 21) and parents (usually a shorter period).
The discovery rule could extend the statute of limitations in NEC lawsuits, arguing that parents were unaware of the link between cow milk formula and NEC due to misleading marketing and lack of warnings until recently. However, a limited window to file a claim may exist, urging potential plaintiffs to consult an NEC formula lawyer promptly.
Currently, both Similac and Enfamil appear equally implicated in increasing the risk of NEC in premature babies, with the primary risk factor being the use of cow’s milk-based formulas regardless of brand.
Defense strategies are expected to include arguments of preemption under the Infant Formula Act (which has not been successful previously) and challenging the scientific consensus on the cause of NEC, despite extensive medical literature linking it to cow milk formulas. They may argue that NEC is unpredictable and unpreventable, even in infants fed exclusively human milk, and that the specific cause in individual cases is unknowable. These arguments contradict substantial medical evidence, potentially leading defendants to offer settlements before trial.
NEC can severely damage the intestine due to reduced blood flow and oxygen supply, potentially caused by a persistent Patent Ductus Arteriosus (PDA) that redirects oxygenated blood away from the intestines. This oxygen deprivation damages the bowel wall, increasing susceptibility to bacterial infection and erosion, a problem exacerbated by the immature digestive systems of premature infants and the difficulty in digesting cow’s milk-based formulas like Similac and Enfamil. The compromised intestinal lining can become inflamed, leading to perforations, sepsis, and potentially life-threatening conditions. Long-term consequences can include short bowel syndrome, chronic digestive issues, malnutrition, and neurological impairments.
Our lawyers at Class Action Lawsuiit are currently investigating potential NEC toxic baby formula lawsuits. We are particularly interested in hearing from parents of preemies who took Similac or Enfamil formula and subsequently developed NEC.
If you believe your child developed NEC as a result of a cow-milk-based formula, call our NEC baby formula lawyers today for a free consultation or reach out to us online for a free case evaluation.
