NEC Baby Formula Lawsuit: Everything You Need to Know in 2024

Parents of premature infants who developed necrotizing enterocolitis (NEC) after consuming certain baby formulas are seeking justice through lawsuits against major formula manufacturers like Similac and Enfamil. Studies have linked cow’s milk-based formulas to an increased risk of NEC in preterm babies, leading many families to take legal action.

In this article, we’ll break down what the NEC baby formula lawsuit is, the most recent updates, and what parents can do if their infant was affected.

What is NEC and Why is it Dangerous?

• Necrotizing enterocolitis (NEC) is a serious intestinal disease that primarily affects premature and low birth weight infants. It causes inflammation and infection, which can lead to the destruction of the intestines. In severe cases, NEC can result in:

• Infections
• Intestinal perforation
• Sepsis
• Long-term health issues

• Death (in up to 30% of cases)

NEC symptoms can begin with feeding intolerance, and in many cases, babies with this condition require emergency surgery to remove the damaged part of the intestine.

Link Between NEC and Baby Formula

Several studies have shown a direct link between feeding premature infants cow’s milk-based formulas like Similac and Enfamil, and a higher risk of NEC. Babies fed these formulas were more likely to develop NEC compared to those who were fed breast milk.

In fact, research dating as far back as 1990 indicated that formula-fed preemies are 6 to 10 times more likely to develop NEC than those who are exclusively breastfed. More recent studies in 2009 and 2014 further confirmed that premature babies on human milk-based formulas or exclusively breastfed were 90% less likely to require surgery for NEC or die from the disease.

Baby Formulas Involved in NEC Lawsuits

While Similac and Enfamil are the most well-known baby formulas involved in these lawsuits, other cow’s milk formulas are also being scrutinized. Some brands mentioned in the lawsuits include:

• Avacare
• Baby’s Only
• Bobbie
• Earth’s Best
• Enfamil
• Gerber
• Happy Baby
• Holle
• Lebenswert
• Loulouka
• Kendamil
• Parent’s Choice
• PediaSure
• Similac

If your baby consumed any of these formulas in the hospital or after discharge and was later diagnosed with NEC, you may qualify to file an NEC baby formula lawsuit.

Recent Developments in the NEC Baby Formula Lawsuit

The legal battle against baby formula manufacturers continues to grow, and the most recent verdicts are promising for plaintiffs. 

As of September 2024, there are 571 active NEC baby formula lawsuits pending under multidistrict litigation (MDL 3026), which is being overseen by U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois.

While no settlements or jury verdicts have been reached within the MDL, which primarily involves Similac and Enfamil lawsuits, state court trials have resulted in significant plaintiff victories. In March 2024, an Illinois state court awarded $60 million to the plaintiff, and in July 2024, a Missouri state court awarded $496 million in a separate case.

Judge Pallmeyer has tentatively scheduled the first MDL bellwether trial for May 2025.

We will continue to track court filings and collaborate with legal experts to keep you informed on major developments and critical updates in these lawsuits.

Baby Formula Litigation Timeline

July 2024
This month brought another significant victory for plaintiffs. A jury in St. Louis, Missouri, awarded $495 million to the family of a baby girl who developed necrotizing enterocolitis (NEC) after consuming Abbott’s premature infant formula in the NICU up until 2021. The infant suffered permanent neurological damage and will require lifelong care. This case marked the second NEC lawsuit to go to trial. The first trial, held in March 2024, resulted in a $60 million verdict against Reckitt.

June 2024
Judge Rebecca Pallmeyer issued a scheduling order, finally providing clarity on the potential timeline for the first bellwether trial. According to court documents, fact discovery is expected to conclude by early August 2024, followed by depositions and additional proceedings as the litigation moves toward trial. The first bellwether test trial is currently estimated to begin in May 2025. A prior trial in Illinois state court, which awarded $60 million to a mother whose child passed away from NEC, could set a positive precedent for plaintiffs as we approach the MDL trials. Whether defendants choose to continue litigation or consider a global settlement remains to be seen.

May 2024
Judge Pallmeyer ruled that plaintiffs must provide specific evidence demonstrating that an infant consumed a Mead Johnson product before the company can be named as a defendant in the lawsuit. Acceptable evidence may include medical records or feeding logs from birth.

March 2024
An Illinois jury awarded $60 million to the mother of a premature infant who died after developing NEC from consuming Mead Johnson’s Enfamil formula. Mead Johnson is a subsidiary of Reckitt Benckiser.

February 2024
Judge Pallmeyer scheduled several private hearings involving plaintiffs for March 2024. These motions were sealed from the public.

December 2023
At the close of 2023, four bellwether cases had been selected. However, trial dates had yet to be confirmed, with many expecting the first trial to occur sometime in 2024.

April 2023
Negotiations between lawyers continued regarding the scope and process of discovery for the upcoming trials.

March 2023
The court scheduled a Science Day for May 3, 2023, where both parties presented the medical and scientific issues relevant to NEC and the baby formula to the judge.

December 2022
The defendants selected four cases for bellwether test trials: Clarke, Cresap, Inman, and Mar.

October 2022
The plaintiffs also selected four bellwether cases for trial: Brown, Diggs, Lopez, and Koeth. Additionally, randomly selected cases for bellwether trials included McCarthy, Jacobs, Kelton, and Donaldson.

Why Are NEC Baby Formula Lawsuits Being Filed?

Lawsuits against manufacturers like Mead Johnson (Enfamil) and Abbott Laboratories (Similac) argue that these companies failed to warn consumers about the risks associated with feeding cow’s milk-based formulas to premature infants. Plaintiffs claim that:

• There were no warnings about the risk of NEC or death for preterm infants.
• The defendants knew or should have known that their products were dangerous for preemies but marketed them as safe.
• Misleading marketing campaigns gave doctors and parents the false impression that these formulas were safe for fragile newborns.

Who Qualifies to File an NEC Baby Formula Lawsuit?

If your baby was born prematurely, consumed a cow’s milk-based formula like Similac or Enfamil, and was later diagnosed with NEC, you may be eligible to file a lawsuit. Specific qualifications include:

• Your baby consumed cow’s milk protein formula.
• Your baby was born prematurely or with low birth weight.
• Your baby was diagnosed with NEC after using the formula.

Even if you’re unsure which formula your baby consumed, an attorney can help you gather medical records and feeding logs to determine if Similac or Enfamil was used. It’s important to keep any proof of purchase, formula packaging, or hospital records that can support your case.

Time Limits for Filing an NEC Baby Formula Lawsuit

Like all lawsuits, there are statutes of limitations that limit how long you have to file a claim. This time limit varies by state, so it’s crucial to speak with a lawyer as soon as possible to ensure your claim is filed in time. A knowledgeable NEC baby formula attorney can help preserve your right to compensation.

Finding the Right NEC Baby Formula Lawyer

Choosing the right lawyer to handle your case is a critical step in your lawsuit. Look for an attorney who has:

• Experience with mass torts and complex litigations against large corporations.
• A strong track record of winning verdicts and securing settlements in similar cases.
• Access to expert witnesses, medical professionals, and resources to effectively prove your case in court.

Many law firms offer free case evaluations, allowing you to explore your legal options without any upfront cost. You can easily get started by contacting a lawyer specializing in NEC lawsuits or mass torts.

Why Parents Are Filing NEC Baby Formula Lawsuits

Parents are pursuing lawsuits not only to seek compensation for medical bills, long-term care, and emotional pain but also to hold companies accountable for negligence. Many families hope that these lawsuits will lead to greater awareness about the risks of cow’s milk formulas and prevent future harm to premature infants.

Marie Smith, for example, filed a lawsuit after her daughter, Amirea, passed away from NEC at just two weeks old. She says, “No lawsuit will bring my daughter back, but I want to spread awareness and ensure no other parent has to go through the same nightmare.”

Have Enfamil and Similac Formulas Been Recalled?

While Enfamil and Similac have not been recalled due to their potential link to necrotizing enterocolitis (NEC), there have been isolated recalls related to other issues. These include incidents of product tampering and a significant recall in February 2022 due to concerns over bacterial contamination.

One tampering case involved reports from mothers who discovered that their Enfamil products had been replaced with flour. Another incident occurred when infants became ill, and some tragically passed away after consuming Enfamil, reportedly due to bacterial infections. However, after testing, the FDA determined that the formula was safe.

In February 2022, Abbott Nutrition recalled certain lots of Similac, EleCare, and Alimentum formulas produced at their Sturgis, Michigan facility. This recall came after four infants were diagnosed with Cronobacter sakazakii infections, and one baby contracted Salmonella Newport. Sadly, two of the infants passed away.

Following the recall, the FDA conducted a preliminary inspection (inspection report) in March 2022, revealing that Abbott lacked adequate process controls to prevent infant formula from being contaminated with microorganisms. In June 2022, the FDA received another report of a possible infant death linked to bacterial contamination. That same month, Abbott’s Sturgis plant resumed operations to help alleviate the baby formula shortage exacerbated by the recall.

Protecting Your Rights in the NEC Baby Formula Lawsuit

The NEC baby formula lawsuit is a complex legal matter with devastating consequences for families. If your child developed NEC after consuming a cow’s milk-based formula, it’s essential to explore your legal options. With recent victories in court and promising developments in the ongoing MDL, now is the time to take action.

By holding formula manufacturers accountable, parents are not only seeking justice for their own children but also helping to raise awareness of the risks that cow’s milk-based formulas pose to premature infants.

If you believe your family may be entitled to compensation, contact an experienced NEC baby formula lawyer today to discuss your case and find out what steps to take next.