Multi-million dollar verdicts fuel NEC baby formula litigation

October 31, 2024
(Photo Credit: New Africa/Shutterstock)

The ongoing NEC baby formula litigation has become a pivotal issue for parents of premature babies who were diagnosed with necrotizing enterocolitis (NEC) after consuming cow’s milk-based Similac and Enfamil formulas. As of mid-2024, nearly 1,000 lawsuits have been filed against manufacturers, alleging they failed to warn the medical community about the increased risk of NEC in preterm infants.

Current status of the NEC baby formula litigation

In July 2024, a jury awarded $495 million in damages to the parents of a baby girl who developed NEC from cow’s milk-based Similac. In March 2024, a separate Illinois jury awarded $60 million to a mother whose premature baby died after consuming cow’s milk-based Enfamil.

These two decisions marked significant wins for affected families, and the legal battle is expected to continue as more cases are being added to the NEC baby formula multidistrict litigation (MDL). The lawsuits argue that the manufacturers knew that cow’s milk-based formulas could be one of the causes of necrotizing enterocolitis in newborns and premature infants yet failed to adequately warn doctors or caregivers. Abbott said it is considering pulling their cow’s milk-based premature infant formulas from the market in response to the lawsuit allegations. 

FAQs and key information

What is NEC? Necrotizing enterocolitis (NEC) is a severe gastrointestinal condition that affects premature infants. It leads to the inflammation of intestinal tissues, which can progress to tissue death and the formation of holes in the intestines, allowing bacteria to leak into the bloodstream or abdominal cavity. NEC can be fatal, especially if not caught early, and infants affected by the condition may require surgery to remove damaged intestinal tissue. 

What causes NEC? While the exact causes of necrotizing enterocolitis in newborns are unknown, there are several contributing factors, including bacteria, medications, and formula feeding. 

What symptoms should parents watch for? Common NEC symptoms include a swollen and painful abdomen, bloody stools, vomiting, lethargy and a baby’s refusal to eat. It is crucial to seek immediate medical attention if these symptoms occur, as early treatment can sometimes prevent the condition from worsening.

Who is eligible to file an NEC lawsuit? Parents whose babies were born prematurely (before 37 weeks) and were later diagnosed with necrotizing enterocolitis after being fed Similac or Enfamil formulas may qualify to file a lawsuit. 

What are the manufacturers being accused of? The NEC lawsuits allege that the makers of Similac and Enfamil were aware that consuming cow’s milk-based formulas is one of the potential causes of necrotizing enterocolitis in newborns but did not inform doctors or caregivers of this risk. 

If your prematurely born child was diagnosed with NEC after using Similac or Enfamil, fill out the form on this page to see if you qualify for a FREE case evaluation.

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