Background on Similac Lawsuits and Enfamil Necrotizing Enterocolitis Lawsuits (NEC)
Mead Johnson & Company and Abbott Laboratories, the makers of Similac and Enfamil, are facing a wave of lawsuits from people whose premature babies developed necrotizing enterocolitis (NEC) after being fed certain products that have been linked to NEC development. Doctors commonly recommend that premature babies be fed formula for their development. However, scientific studies going back as far as the 1990’s have shown a link between certain cow-based baby formulas and necrotizing enterocolitis, a serious and potentially life-threatening condition that can lead to perforation of the intestines. Lawyers handling lawsuits against Similac and Enfamil over babies developing necrotizing enterocolitis (NEC) allege that these companies had a legal and ethical obligation to warn the public of the increased risk but did not in order to protect their bottom-line sales. If your baby was premature and the hospital recommended Enfamil or Similac baby formula which lead to them developing NEC, talk to an NEC lawsuit attorney about your rights today. Call 800-298-0111 to be connected with an NEC lawsuit lawyer.
(Not an actual client.)
Bellwether Trials for NEC Baby Formula Lawsuits
400 NEC baby formula lawsuits are pending in an MDL in the Northern District of Illinois (federal court). Additionally, there are hundreds of cases pending in various state courts. While the first four bellwether trials in the MDL have been selected to go to trial in 2025, none of these cases have yet been triad. The selected bellwether trials are:
- Mar v. Abbott Laboratories (Case No. 1:22-cv-00232)
- Diggs v. Abbott Laboratories (Case No. 1:22-cv-05356)
- Etienne & Brown v. Abbott Laboratories (Case No. 1:22-cv-02001)
- Inman v. Mead Johnson & Co. (Case No. 1:22-cv-03737)
Two NEC baby formula lawsuits have gone to trial at the state court level. Those cases are as follows:
- Watson v. Mead Johnson Nutrition Co. The first bellwether trial went to trial in Belleville, Illinois in early 2024 and lasted four weeks. At the conclusion of the trial, the jury found that Mead Johnson was negligent in failing to warn of the increased risk of NEC in premature babies posed by their Enfamil cow-based baby formula. The jury returned a 60 million dollar verdict against Mead Johnson in this case.
- Margot Hill minor child R.D. v Abbott Laboratories. The second bellwether trial ended on July 26, 2024, with a St. Louis, Missouri jury awarding 495 million dollars against Abbott Laboratories. That jury concluded that Abbott Laboratories failed to warn consumers of the increased risk of premature babies developing NEC posed by their Similac formula for premature babies.
The greatest significance of these two cases is that juries found that both the Similac and Enfamil formulas aimed at premature babies posed an increased risk of premise developing necrotizing enterocolitis. while these are not part of the MDL bellwether trials, they act as indicators of how catastrophic the damages in these cases are and what the potential value of the pool is–both in the MDL and outside of it.
What Baby Formulas Have Been Linked to an Increased Risk of Necrotizing Enterocolitis (NEC)?
Studies have suggested that the following cow-based baby formulas may increase your baby’s risk of developing necrotizing enterocolitis:
- Similac Special Care 20
- Similac NeoSure
- Similac Special Care 24
- Similac Special Care 30
- Similac Special Care 24 – High Protein
- Similac Liquid Protein Fortifier
- Enfamil Human Milk Fortifier
- Enfamil NeuroPro EnfaCare
- Enfamil 24 Cal
Some studies suggest that premature babies using those formulas could be 6-10 times more likely to develop NEC. Forbes recently published a full list of formulas named in the lawsuits. If a hospital provided or recommended these products to your child and he/she developed NEC as a result, you may have legal recourse.
What is Necrotizing Enterocolitis?
Necrotizing Enterocolitis (NEC) is a medical condition affecting one in one thousand premature babies. The intestinal tissue becomes inflamed resulting in tissue death. When this happens, a hole in the intestine may form and allow bacteria to escape into the abdomen and/or bloodstream. The condition can be mild or it may be life-threatening. Babies developing NEC have an 80% survival rate but may require extensive or even life-long medical treatment for complications. It normally occurs in less than 5-10% of premature babies,
What Are the Symptoms of NEC?
The most common symptoms of NEC are:
- Pain and swelling in the abdomen.
- Changes in the baby’s heart rate, body temperature, breathing patterns, and/or blood pressure.
- Loss of appetite.
- Diarrhea and rectal bleeding.
- Not gaining weight.
- Lack of energy.
- Swelling, redness, and tenderness of the stomach can also occur.
Talk to a NEC Baby Formula Lawyer
Toxic NEC baby formula lawyers have already brought hundreds of lawsuits against makers of Enfamil and Similac formulas. Talk to a toxic baby formula lawyer to learn more about your legal rights. Call 800-298-0111 to be connected with an attorney or get the NEC Litigation Update.
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FAQ's
What type of attorney handles a toxic baby formula lawsuit?
Toxic baby formula lawsuits are generally handled by product liability attorneys. Anytime you are suing a manufacturer for making and selling a dangerous product, a product liability lawyer may be able to help.
What Causes a Baby to Get Necrotizing Enterocolitis (NEC)?
Necrotizing Enterocolitis is a medical condition sometimes found in newborn babies, particularly those that are born prematurely. The exact causes of the condition are not known, however, medical studies have linked a higher incidence of the disease occurring in babies that are fed cow-based milk formulas such as Similac and Enfamil.
As a result of these studies, there have been several hundred lawsuits filed against Enfamil and Similac by parents of babies born with Necrotizing Enterocolitis. The lawsuits claim that these companies were well aware of the potential increased risk to children consuming the product but continued to market and sell the product to unsuspecting mothers and hospitals.
How Many Babies Have Been Affected by This?
At present time it is unknown how many babies have been affected by the use of cow-based milk formulas. There have been several hundred lawsuits filed and consolidated into the toxic baby formula MDL.
If your baby was born premature, developed, and suffered injury or death from necrotizing enterocolitis, and was fed the above baby formulas in the hospital or the hospital sent you and your baby home with those foods, you may be entitled to legal recourse. Talk to a NEC Baby Formula Lawsuit Lawyer to determine your rights or call us at 800-298-0111 to be connected with a lawyer who handles baby formula lawsuits.
