Enfamil and Similac Baby Formula Lawsuits
Premature babies who are fed cow’s milk-based infant formula, sold under brand names such as Similac and Enfamil, may be at risk of developing Necrotizing Enterocolitis (NEC), a severe digestive condition. If your baby consumed Similac or Enfamil baby formula and developed this devastating condition, you may be entitled to compensation through an NEC baby formula lawsuit. Contact Cory Watson Attorneys today to discuss your case and legal options during a free and confidential case consultation.
Why Choose Cory Watson Attorneys for Your NEC Infant Formula Lawsuit
When it comes to fighting for justice in NEC baby formula cases, experience and dedication matter. For over 40 years, Cory Watson Attorneys has steadfastly advocated for injury victims and their families, successfully taking on some of the world's most powerful companies, including Fortune 500 corporations.
Our track record speaks volumes—we've recovered more than $4 Billion for our clients across a wide range of personal injury cases, from car accidents to complex product liability lawsuits involving dangerous drugs and defective medical devices. This wealth of experience uniquely positions us to handle the intricacies of NEC baby formula cases with the skill and tenacity your family deserves.
When you entrust us with your NEC baby formula case, you're not just getting attorneys; you're gaining allies who will fight tirelessly for your rights and your child's future. With our 24/7 availability and free consultations, we make it easy for you to get the help you need when you need it most. Contact Cory Watson Attorneys today to discuss your case.
What is Necrotizing Enterocolitis?
NEC is a serious gastrointestinal condition that affects roughly 2,000 to 4,000 infants each year. This devastating disease can develop when the tissue in the small or large intestine becomes inflamed and causes a decreased supply of oxygen to vital organs, which can cause either partial or complete destruction of a baby’s bowel system. Most babies who develop NEC were either born prematurely, weighed less than 5.5 pounds at birth, or were fed through a stomach tube.
While the exact cause of NEC isn't always clear, research has shown a strong link between cow's milk-based formula and an increased risk of NEC in premature infants. The severity of NEC cannot be overstated—it can be life-threatening, often requiring emergency surgery and potentially leading to long-term complications.
Importantly, studies have shown that human breast milk significantly reduces the risk of NEC compared to cow's milk-based formulas. This connection between formula and NEC has led many families to seek justice through an NEC baby formula lawsuit, alleging that infant formula manufacturers failed to adequately warn about the risks associated with their products.
Which Babies Are at Greater Risk of Developing NEC?
While Necrotizing Enterocolitis can affect various newborns, certain groups of infants are at significantly higher risk.
Degree of Prematurity
The earlier a baby is born, the higher the risk of NEC. This includes infants born before 32 weeks gestation. The risk increases dramatically for babies born before 28 weeks. This is likely due to underdevelopment of the infants’ intestinal tract.
Very Low Birth Weight (VLBW) Infants
VLBW infants are those weighing less than 1,500 grams (3.3 pounds) at birth. These babies have a significantly higher risk of developing NEC compared to infants of normal birth weight. Approximately 5-7% of VLBW infants develop NEC.
Extremely Low Birth Weight (ELBW) Infants
ELBW infants weigh less than 1,000 grams (2.2 pounds) at birth. These tiny infants face the highest risk of NEC, with an incidence rate as high as 10-15%.
Risk factors often overlap for these infants. For example, extremely premature infants are likely to also be ELBW or VLBW. The combination of extreme prematurity and very low birth weight creates a particularly high-risk situation for NEC.
Furthermore, when these high-risk infants are fed cow milk formulas instead of human breast milk, their risk of developing NEC increases even more significantly. This is why the choice of nutrition for these vulnerable low-birth-weight infants is so critical.
The Impact of an NEC Diagnosis
An NEC diagnosis is especially terrifying for parents of premature infants. Premature babies are already in a fragile state, often facing numerous health challenges. NEC compounds these risks significantly.
The condition can develop suddenly and progress quickly, sometimes within hours, leaving parents feeling helpless and overwhelmed. Managing NEC often involves invasive procedures and lengthy hospital stays, which is emotionally and physically taxing for both the infant and parents.
Even after recovery, NEC can have lasting effects on a child's growth and development. Treatment may include antibiotics, temporary cessation of feeding, and, in severe cases, surgery to remove damaged portions of the intestine. While many cases of NEC can be resolved with prompt medical care, the condition can be life-threatening, with a mortality rate of 20% to 30%.
Many infants who survive NEC go on to lead healthy lives, especially with proper follow-up care and support. However, about half face ongoing challenges such as short bowel syndrome, nutritional deficiencies, growth delays, and neurodevelopmental impairments. Some infants who recover may be at risk for recurrence, adding to parents' anxiety.
This underscores the importance of prevention and why many families are seeking accountability through the NEC baby formula lawsuit.
The Connection Between NEC and Baby Formula
The link between cow's milk-based baby formulas and necrotizing enterocolitis in premature infants has been a subject of scientific scrutiny for decades. The evidence is both compelling and alarming.
A groundbreaking study published in The Lancet in 1990 revealed a stark reality: premature infants fed cow's milk-based formulas were 6 to 10 times more likely to develop NEC compared to those fed only breast milk. Even more concerning, babies fed these formulas as a supplement to breast milk showed a threefold increase in NEC risk. This early research laid the foundation for further investigations that have only strengthened this connection.
In 2011, the U.S. Surgeon General issued a Call to Action supporting breastfeeding, specifically highlighting the association between formula feeding and higher rates of NEC in vulnerable premature infants. More recently, a study found that premature babies fed cow's milk-derived formula had a 4.2-fold increased risk of NEC and a 5.1-fold increased risk of NEC surgery or death.
Despite this overwhelming body of evidence, baby formula manufacturers like Enfamil and Similac have failed to adequately warn parents and healthcare professionals about the increased NEC risks their products pose to premature infants. This negligence forms the cornerstone of NEC baby formula lawsuits.
What Infant Formulas Are Affected?
NEC is associated with baby formulas and human milk fortifiers derived from cow’s milk. The two most common brands include the following Enfamil and Similar formulas:
Enfamil Baby Formula by Mead Johnson & Company
- Enfacare Powder
- Enfamil 24 and DHA & ARA Supplement
- Enfamil Human Milk Fortifier Acidified Liquid
- Enfamil Human Milk Fortifier Liquid High Protein
- Enfamil Human Milk Fortifier Powder
- Enfamil Milk Fortifier Liquid Standard Protein
- Enfamil NeuroPro Enfacare
- Enfamil Premature 20 Cal
- Enfamil Premature 24 Cal
- Enfamil Premature 24 Cal/fl oz HP
- Enfamil Premature 30 Cal
Similac Baby Formula by Abbott Laboratories
- Similac Alimentum
- Similac Alimentum Expert Care
- Similac Human Milk Fortifier
- Similac Human Milk Fortifier Concentrated Liquid
- Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
- Similac Human Milk Fortifier Powder
- Similac Liquid Protein Fortifier
- Similac NeoSure
- Similac Special Care
- Similac Special Care 20
- Similac Special Care 24
- Similac Special Care 24 High Protein
- Similac Special Care 30
While Enfamil and Similac are the most common brands on the market, if your child was fed cow’s milk-based formula from another manufacturer, you may still have a case. Contact Cory Watson Attorneys for a free case consultation.
Am I Eligible for a NEC Baby Formula Lawsuit?
At Cory Watson Attorneys, we're committed to helping families affected by necrotizing enterocolitis (NEC) seek justice. You may be eligible to file an NEC baby formula lawsuit if your situation meets the following criteria:
- Your baby was born prematurely (less than 37 weeks gestation).
- Your infant was fed cow's milk-based Enfamil and/or Similac infant formula or human milk fortifier prior to an NEC diagnosis.
- Your baby received a diagnosis of necrotizing enterocolitis (NEC).
- Your child experienced one or more of these complications:
- Intestinal perforation
- Scarring or strictures in the intestines
- Cerebral Palsy
- Neurological damage
- Sepsis
- Required resection surgery
- Death
If these conditions apply to your family's situation, you may have grounds for legal action against the formula manufacturers. Contact us to discuss your case for free.
NEC Infant Formula Litigation
At Cory Watson Attorneys, we're closely monitoring the evolving landscape of NEC baby formula lawsuits. Since scientific research revealed the connection between necrotizing enterocolitis and cow's milk-based infant formulas, several families have courageously sought justice by filing lawsuits against major formula manufacturers like Abbott and Mead Johnson in various District Courts across the country.
A significant milestone occurred recently when a St. Louis jury delivered a powerful message to formula manufacturers. They ordered Abbott Laboratories to pay $495 million to a mother from St. Clair, Illinois, who alleged that the company's baby formula caused her infant to develop NEC. This verdict underscores the gravity of these cases and the potential for substantial compensation for affected families.
While many cases continue to progress through state courts, on April 8, 2022, the Judicial Panel on Multidistrict Litigation consolidated all federal NEC infant formula lawsuits into a Multidistrict Litigation (MDL). This MDL, now with over 500 lawsuits, has been assigned to Rebecca R. Pallmeyer, Chief Judge of the Northern District of Illinois. The legal community, including our team at Cory Watson Attorneys, is preparing for the first bellwether trials, which are expected to begin in early 2025.
At Cory Watson Attorneys, we're committed to staying at the forefront of these legal proceedings. Our experienced team is ready to leverage these national developments to benefit our clients, fighting tirelessly to secure justice and compensation for families affected by NEC.
NEC Baby Formula Lawsuits FAQs
What is the statute of limitations for filing an NEC lawsuit?
The statute of limitations varies by state and can be affected by factors such as when the injury was discovered and the age of the affected child. In some states, it may be as short as one year, while in others, it could be several years or even extend until the child reaches adulthood. Because of this complexity, it's crucial to consult an experienced attorney like those at Cory Watson as soon as possible to ensure you don't miss any critical deadlines.
What kind of compensation can I expect from an NEC lawsuit?
Compensation in NEC lawsuits can cover various damages, including medical expenses, ongoing care costs, pain and suffering, and lost wages for caregivers. In cases of wrongful death, families may also seek compensation for funeral expenses and loss of companionship. The exact amount varies based on the specifics of each case. Cory Watson Attorneys will work diligently to pursue the maximum compensation possible for your family's suffering.
How long does an NEC lawsuit typically take?
The duration of an NEC lawsuit can vary widely depending on factors such as the complexity of the case, the willingness of the formula manufacturer to settle, and court schedules. Some cases may settle within a year, while others could take several years if they go to trial. Cory Watson Attorneys will keep you informed throughout the process and work to resolve your case as efficiently as possible while still fighting for the best possible outcome.
What evidence do I need to support my NEC lawsuit?
Key evidence for an NEC lawsuit typically includes medical records confirming your baby's premature birth and NEC diagnosis, documentation of the type of formula your baby was fed, and records of any treatments or surgeries related to NEC. Cory Watson Attorneys will work with you to gather all necessary evidence, including expert medical opinions if needed, to build a strong case.
How much does it cost to hire Cory Watson Attorneys for an NEC lawsuit?
Cory Watson Attorneys works on a contingency fee basis for NEC lawsuits. This means you pay no upfront costs or fees. We only get paid if we win your case or secure a settlement on your behalf. Our fee is then a percentage of the compensation awarded. This arrangement allows families to pursue justice without financial risk.
Can I file an NEC lawsuit if my baby was fed both breast milk and cow's milk-based formula?
Yes, you may still have a case if your premature infant developed NEC after being fed a combination of breast milk and cow's milk-based formula. Research shows that even supplementing with cow's milk-based formula can increase the risk of NEC in premature infants. Cory Watson Attorneys can evaluate your specific situation to determine if you have grounds for a lawsuit.
What if the hospital provided the formula? Can I still sue the manufacturer?
Yes, you can still sue the formula manufacturer even if the hospital provided the formula. The lawsuit is based on the manufacturer's failure to adequately warn about the risks of their product, not on who supplied it. However, in some cases, there might be grounds to include the hospital in the lawsuit as well. Cory Watson Attorneys will review all aspects of your case to determine the appropriate parties to name in the lawsuit.
Contact the NEC Baby Formula Lawyers at Cory Watson Attorneys Today
The devastating effects of NEC on premature infants and their families cannot be overstated. If your child developed NEC after being fed cow's milk-based formula, you don't have to face this challenge alone.
At Cory Watson Attorneys, we're committed to holding these companies accountable. We believe that vulnerable newborns and their families deserve better. If your premature infant developed NEC after consuming cow's milk-based formula, you may have grounds for legal action. Our experienced team can guide you through the process, fighting tirelessly for the justice and compensation your family deserves.
By choosing Cory Watson Attorneys, you're not just getting legal representation—you're gaining a dedicated ally in your fight for justice. We will:
- Provide a free, no-obligation consultation to evaluate your case
- Handle all aspects of your lawsuit, allowing you to focus on your family
- Fight tirelessly to secure the maximum compensation possible for your child's suffering
- Keep you informed and involved throughout the entire legal process
Don't let powerful corporations dismiss the science or your suffering. Contact an NEC baby formula lawyer at Cory Watson Attorneys today at (877) 562-0000 or through our online form for a free, no-obligation consultation. Let us be your voice in this crucial fight for accountability and change.