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NEC Lawsuit (Enfamil & Similac Baby Formula Lawsuits)

Last Updated: July 1, 2024

About 1 in 10 babies are born premature or preterm (before 37 weeks of pregnancy have been completed) in the United States each year. In addition, 1 in 12 babies are born with a low birth weight (less than 2500 grams/5.5 lbs, according to the CDC), and those born prematurely are more likely to be underweight. While the majority of preterm babies go on to live healthy lives, they often need some feeding support in their early days. Low motivation to eat and lethargy are common among preterm/low birth weight babies. These factors can make it difficult to gain weight.. Often,  underweight babies are given supplemental formula to promote healthy weight gain.

Infant Formula Linked to Dangerous Condition Affecting Premature Babies

Studies have demonstrated that certain cow’s milk-based baby formulas might be doing preterm and low birth weight babies more harm than good. Dairy-based formula has been linked to a crippling disease called Necrotizing Enterocolitis (NEC). A 2012 study published in Pediatric Research stated, “Premature infants fed formula are more likely to develop Necrotizing Enterocolitis (NEC) than those who are breastfed.” Despite this knowledge, companies behind popular baby formula products have done nothing to warn new parents – and medical professionals – about these dangers.

Baby Formula Linked to NECBaby Formula Linked to NEC
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NEC Lawsuit Updates - July 2024

  • July 1, 2024 - FDA Warning on Probiotics for Prevention of Necrotizing Enterocolitis Causes Shift in Care
  • June 1, 2024 - Reckitt unit hit with $60 million verdict in Enfamil baby formula case in IL.
  • May 1, 2024 - Minnesota mom claims baby formulas have a hidden risk. Hundreds of parents are suing, claiming formula makers failed to warn that premature infants fed cow's milk formulas were at higher risk for NEC, a devastating illness.
  • April 1, 2024 - Mead Johnson, baby formula manufacturer, ordered to pay $60M to parents after they were found liable for putting preemies at increased deadly disease risk.
  • March 1, 2024 - Why nationwide lawsuit alleging formula causes deadly disease in preemies is heading to Illinois.
  • February 14, 2024 - Health Spotlight: Detecting NEC quickly saves premature babies.
  • January 22, 2024 - Baby formula causes deadly disease in premature babies, nationwide lawsuit argues.
  • January 1, 2024 - FDA Raises the Red Flag About Probiotics in Infants.
  • December 1, 2023 - Preemies are at risk for NEC if probiotics are removed from the NICU.
  • November 1, 2023 - FDA Issues Warning on Dangers of Probiotic Products for Preemie Babies.
  • October 10, 2023 - Factors Influencing Neonatal Gut Microbiome and Health with a Focus on Necrotizing Enterocolitis.
  • October 1, 2023 - Evaluation of white matter microstructural alterations in premature infants with NEC.
  • September 1, 2023 - US Department of Health and Human Services: New studies about Necrotizing Enterocolitis (NEC).
  • August 1, 2023 - Abbott Investigated Over Deadly Infant Formula & Puerto Rico Is Taking Fossil Fuel Giants To Court.
  • July 25, 2023 - UPMC Children's Hospital study looks to save pre-term babies through antibodies in breast milk.
  • July 1, 2023 - Sepsis, gut bacteria, and Necrotizing Enterocolitis.
  • June 1, 2023 - Recent advances in the treatment of Necrotizing Enterocolitis with potential for translation.
  • May 1, 2023 - Black babies are more likely to die of NEC than white babies.
  • April 1, 2023 - What to know about NEC in newborns?
    A serious condition that affects the intestines, necrotizing enterocolitis can be fatal for a newborn. A severe inflammation damages and kills the tissues of the colon in a baby, leading to complications including death.
  • April 1, 2023 - Study: More black babies die from NEC compared to white babies.
  • March 1, 2023 - Six counts are being brought against Enfamil's manufacturer. The plaintiff claims that Enfamil Premature formula contributed to her baby's premature death.
  • February 1, 2023 - Mead Johnson and Abbott are being sued by the parents of a premature baby boy. They claim that they failed to warn their infant formula products could cause serious gastrointestinal disorders and other health problems in premature babies. Dana Jupiter and Destin Jupiter filed a complaint against Mead Johnson & Company LLC and Mead Johnson Nutrition Company May 7, claiming strict liability for design defects and failure to warn, negligence, intentional and negligent misrepresentation. In their complaint, the Jupiters claim that their son was prematurely born at Woman's Hospital, Baton Rouge, La on May 9, 2002. He has Necrotizing Enterocolitis and other long-term health issues, they claim. This is because Simlac and/or Enfamil cow milk-based products were given to him after his birth and during his hospital stay.
  • January 15, 2023 - By inhibiting intestinal inflammation and improving the gut barrier, β-glucan protects mice from Necrotizing Enterocolitis.
  • January 1, 2023 - A case report on Ductus Arteriosus banding in order to regulate excess pulmonary blood flow in a neonate suffering from Necrotizing Enterocolitis, complex congenital heart disease, and pulmonary atresia.
  • December 1, 2022 - National Library of Medicine - The National Center for Biotechnology: Long-term Outcomes of Necrotizing Enterocolitis & Spontaneous Intestinal Peforation
  • November 16, 2022 - Families use grief journey to raise awareness about a Necrotizing Enterocolitis (NEC). NEC is a leading cause of infant death.
  • October 1, 2022 - Prenatal steroid treatment may improve NEC survival and reduce complications for preterm infants.
  • September 1, 2022 - Doctors are hoping a new breakthrough in the lab may have found what causes NEC, allowing them to save more lives of babies with NEC.
  • August 1, 2022 - Human milk oligosaccharide composition predicts risk of Necrotising Enterocolitis in preterm infants.
  • July 24, 2022 - Stanford Children's Health has published: Necrotizing Enterocolitis in the Newborn - information about NEC.
  • July 12, 2022 - The administering of amnion-derived multipotent cell secretome ST266 helps protect against necrotizing enterocolitis in piglets & mice.
  • July 9, 2022 - Abbott resumes baby formula production at Michigan plant after shutdown due to a flood.
  • July 1, 2022 - NEC New Study: Variability in antibiotic duration for necrotizing enterocolitis and outcomes in a large multicenter cohort.
  • June 19, 2022 - National Library of Medicine (The National Center for Biotechnology Information) - New NEC Study: Neurologic consequences of neonatal NEC Children who survive Necrotizing Enterocolitis have been shown to demonstrate neurodevelopmental delay, with significantly worse outcomes than from prematurity alone.
  • June 12, 2022 - Donor-dependent fecal microbiota transplantation effectiveness against necrotizing enterocolitis in preterm pigs. The development of NEC, a life-threatening inflammatory bowel disease affecting preterm infants, is associated with gut microbiota dysbiosis. NEC is a terrible intestinal inflammation disease primarily affecting infants born preterm with an incidence of up to 7%.
  • June 9, 2022 - National Library of Medicine (The National Center for Biotechnology Information) has published a new NEC study: Evaluation of Risk and Preventive Factors for Necrotizing Enterocolitis in Premature Newborns. A Systematic Review of the Literature.
  • June 6, 2022 - A new NEC study: researchers sought to find out how Bifidobacterium shortum subsp. was administered. infantis EVC001 (B Infantis EVC001), was used to determine the impact of Necrotizing Enterolitis (NEC), in preterm infants admitted to a single-level IV neonatal intensive medical unit (NICU).
  • June 1, 2022 - In May 2022 we have received over 116 inquiries on our site from parents of babies with NEC who fed their babies problematic Similac (about 48%) or Enfamil (about 39%) formulas listed on this page.
  • May 19, 2022 - The National Library of Medicine (National Center for Biotechnology Information) has published a new study: Necrotizing Enterocolitis in Very Low Birth Weight Neonates: A Natural History Study
  • May 17, 2022 - Few studies have been done and published on the relationship between neutrophil to lymphocyte ratios (NLR) and NEC (Necrotizing Enterocolitis).
  • May 16, 2022 - The FDA has issued Powdered Infant Formula Recall - What You Need to Know - Don't use the recalled Similac and Alimentum powdered infant formulas made in Sturgis, MI.
  • May 1, 2022 - In April 2022 we have received over 150 inquiries on our site from parents of babies with NEC who fed their babies problematic Similac or Enfamil formulas listed on this page.
  • April 1, 2022 - In March 2022 we have received over 230 inquiries on our site from parents of babies with NEC who fed their babies problematic Similac or Enfamil formulas listed on this page.
  • March 15, 2022 - So far this month we have received 170 inquiries on our site from parents of babies with NEC who fed their babies problematic Similac or Enfamil formulas listed on this page over  on February 2022 we have received 240 inquiries.
  • February 18, 2022 - FDA warns against powdered infant formula. Abbott recalls products. Three types of baby formula are being recalled after reports of bacterial infections.
  • February 17, 2022 - To date, in February 2022 we have received over 150 inquiries on our site from parents of babies with NEC who fed their babies problematic Similac or Enfamil formulas listed on this page.
  • February 1, 2022 - National Cancer Institute: Probiotics were used for the prevention of NEC in premature infants.
  • January 20, 2022 - In a cohort study, Probiotic Bifidobacterium infantis EVC001, a type of strain of bacteria, was associated with a 73% reduction in NEC.
  • January 6, 2022 - New study release: Studying the Influence of Exposure to Maternal Voice on Oral Feeding Volumes in Preterm Infants. Exclusion Criteria: NEC requiring treatment.
  • January 1, 2022 - U.S. Department of Health and Human Services updated Necrotizing Enterocolitis causes (NEC).
  • December 16, 2021 - Jo Shandria White of Edwardville, IL claims the makers of Similac and Enfamil formula failed to warn about the risks of premature infants developing Necrotizing Enterocolitis (NEC) after consuming the cow's milk-based products.
  • December 1, 2021 - Carle Foundation Hospital nurse Christine Wetzel received national honor for her achievement in developing a tool to evaluate preterm infants' risk for the potentially deadly gastric disease NEC (Necrotizing Enterocolitis).
  • November 2, 2021 - Tylea Hundley was born prematurely and 2 days after her birth from an intestinal disease (NEC). The administrator of Hundley’s estate sued the producers of 3 infant formulas that the doctors at Yale New Haven Hospital fed Tylea Yale New Haven Hospital before she died: Mead Johnson & Company, Mead Johnson Nutrition Company & Abbott Laboratories, Inc. for violating the Connecticut Product Liability.

NEC Risk Factors

NEC cases are typically found in premature infants born at less than  32 weeks gestation or in babies with low birth weight.

Other NEC risk factors include:

  • Antibiotic treatment given for more than 10 days, or multiple rounds of antibiotics
  • Abnormal Doppler test (measure of blood flow from placenta to baby)
  • Use of cow’s milk-based formulas (such as Enfamil and Similac)
  • Enteral feeding
  • Congenital heart disease
NEC Risk FactorsNEC Risk Factors

NEC Lawsuit Qualifications

  1. If your child received Enfamil, Similac, or another cow’s milk-based formula before developing NEC.
  2. If your child was diagnosed with NEC.
Qualify For NECQualify For NEC

About NEC Lawsuit

Two of the most prominent baby formula producers in the United States – Abbott Laboratories and Mead Johnson & Company – have had NEC lawsuits filed against them. The lawsuits claim that Abbott Laboratories’ product Similac and Mead Johnson’s Enfamil should have carried warning labels to make parents aware of the dangers the products posed to their newborns. 

The lawsuits argue that manufacturers knew about the risks and failed to act accordingly, causing serious injury and death to preterm babies across the United States. Legal proceedings have only just begun, so expert birth injury lawyers are calling for anyone who believes they or their child(ren) may have been affected by these products to come forward.

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What is Necrotizing Enterocolitis (NEC)?

NEC is a gastrointestinal disease that causes inflammation and perforations (holes) in the intestines. This can lead to further health issues when bacteria leaks through the perforations and into the bloodstream. While NEC is always described as a serious illness, symptoms can range from mild to life-threatening.

What is NECWhat is NEC

What Babies Get Necrotizing Enterocolitis?

NEC is mostly associated with preterm babies (around 9 out of 10 NEC cases are found in preterm babies), particularly those born before 32 weeks gestation, but it can also occur after a child has received a blood transfusion or when the child is fed through the stomach (enteral nutrition). While medical experts know who falls into the at-risk category for NEC, there is no consensus as to what exactly causes NEC.

NEC Assessing DamagesNEC Assessing Damages

What Health Conditions are Common in Preterm Babies?

Necrotizing enterocolitis is difficult enough for preterm babies to handle, but sadly, NEC is often one item on the list of health conditions that newborn preterm babies face.

In addition to NEC, newborn preterm infants are more likely than other babies to experience: 

  • Hearing problems
  • Breathing problems
  • Cerebral palsy
  • Infection
  • Bronchopulmonary dysplasia
  • Blood issues (such as anemia)
  • Inability to maintain body heat
  • Hearing problems
  • Neurological issues

Preterm babies are often fighting a tough battle in their first few weeks of life. It’s difficult to know that the companies that claim to develop supplemental formulas with love and care have been accused of knowingly providing parents and medical care providers with products that are linked to digestive harm. 

Parents of preterm babies know that every step toward well-being is a victory. Adding NEC to the list of already-difficult problems that preterm babies face can create an even steeper uphill battle. 

Necrotizing Enterocolitis Stages

Modified Bell Staging Criteria for NEC

Stage: IB
Classification: Suspected NEC
Systemic signs: Temperature instability, apnea, bradycardia, lethargy
Intestinal signs: Bright red blood from rectum
Radiologic signs: Normal or intestinal dilation, mild ileus

Stage:IIA
Classification: Proven NEC – mildly ill
Systemic signs: Temperature instability, apnea, bradycardia, lethargy
Intestinal signs: Increased pregavage residuals, mild abdominal distention, emesis, guaiac-positive stool, bright red blood from rectum absent bowel sounds, with or without abdominal tenderness
Radiologic signs: Intestinal dilation, ileus, pneumatosis intestinalis

Stage: IIB
Classification: Proven NEC – moderately ill
Systemic signs: Temperature instability, apnea, bradycardia, lethargy, mild metabolic acidosis, mild thrombocytopenia
Intestinal signs: Increased pregavage residuals, mild abdominal distention, emesis, guaiac-positive stool, bright red blood from rectum absent bowel sounds, with or without abdominal tenderness, absent bowel sounds, definite abdominal tenderness, with or without abdominal cellulitis or right lower quadrant mass
Radiologic signs: Intestinal dilation, ileus, pneumatosis intestinalis, portal venous gas, with or without ascites

Stage: IIIA
Classification: Advanced NEC – severely ill, bowel intact
Systemic signs: Temperature instability, apnea, bradycardia, lethargy, mild metabolic acidosis, mild thrombocytopenia, hypotension, bradycardia, severe apnea, combined respiratory and metabolic acidosis, disseminated intravascular coagulation, and neutropenia
Intestinal signs: Increased pregavage residuals, mild abdominal distention, emesis, guaiac-positive stool, bright red blood from rectum absent bowel sounds, with or without abdominal tenderness, absent bowel sounds, definite abdominal tenderness, with or without abdominal cellulitis or right lower quadrant mass, signs of generalized peritonitis, marked tenderness, and distention of abdomen
Radiologic signs: Intestinal dilation, ileus, pneumatosis intestinalis, portal venous gas, with or without ascites, definite ascites

Stage: IIIB
Classification: Advanced NEC – severely ill, bowel perforated
Systemic signs: Temperature instability, apnea, bradycardia, lethargy, mild metabolic acidosis, mild thrombocytopenia, hypotension, bradycardia, severe apnea, combined respiratory and metabolic acidosis, disseminated intravascular coagulation, and neutropenia
Intestinal signs: Increased pregavage residuals, mild abdominal distention, emesis, guaiac-positive stool, bright red blood from rectum absent bowel sounds, with or without abdominal tenderness, absent bowel sounds, definite abdominal tenderness, with or without abdominal cellulitis or right lower quadrant mass, signs of generalized peritonitis, marked tenderness, and distention of abdomen
Radiologic signs: Intestinal dilation, ileus, pneumatosis intestinalis, portal venous gas, with or without ascites, pneumoperitoneum

Baby Formula Lawsuit Status Update

As mentioned, preterm baby formula lawsuits are at an early stage, and we are at a crucial point where child injury attorneys are calling for affected families to come forward. Several cases have been filed already including a lawsuit filed against Mead Johnson and Abbott Laboratories by the parents of Daniel Renteria-Hernandez in the Eastern District of California in May 2021. The suit alleges that the companies failed to adequately warn parents and medics of the dangers of feeding their formulas to preterm and underweight babies. Daniel, who died from NEC just days after his birth in 2019, weighed just 2 pounds at birth and was fed Similac during his short life. The wrongful death lawsuit lists a series of failures on behalf of the formula producers, ranging from negligence, negligent misrepresentation, and breach of warranty. 

In August 2021, a federal judge rejected attempts by Abbott Laboratories to dismiss a case of wrongful death brought by a Connecticut family. The original case for the death of baby Aries Peterson was filed in October 2020. The claim will now move forward after supplementary deliberations by the Connecticut Supreme Court.

Diagnosing and Treating NEC

Symptoms of NEC typically show up in the first two weeks of a baby’s life. As NEC is linked to preterm babies, particularly those with low birthweight, it’s expected that doctors will be monitoring the babies in that category for NEC symptoms, which includes blood in the stool, lethargy, vomiting, and stomach swelling. 

Many infants who develop NEC do not show clear signs, making it tough to diagnose the condition.  NEC is not often diagnosed until the doctor has performed an X-ray on the infant. Doctors use the X-ray to look for signs of NEC, including damage to the intestine (NEC might cause it to look bubbly in appearance) and air in the veins of the liver. They might also use a needle to look for signs of fluid in the abdomen, which is a sign of perforation of the intestines. Doctors may also use stool samples and blood tests to make a diagnosis. 

NEC can range in severity. Treatment depends on myriad factors, including the baby’s age, relative health and strength. Treatment can vary greatly, ranging from IV feeding,antibiotics, or the removal of the intestine or bowels.

NEC Statistics

NEC is a disease that is almost exclusively found in very young children, although some rare cases have presented in adults. While non-preterm babies (those born after 37 weeks of pregnancy) can get NEC, it is far more common in preterm infants with low birth weight, who account for about 90% of cases.. 

Typically, around 3% of babies born at a weight between 1251 – 1500 grams (2lbs 12.13 ounces – 3lbs 4.9 ounces) develop NEC. This rises to around 11% of those babies born with a very low birth weight, weighing less than 750 grams (1lb 10.46 ounces). Unfortunately, about 15 of every 100 cases of NEC result in death, and a significant number of babies who survive NEC develop long-term health complications.

NEC Baby Formula Lawsuit Settlement

We do not yet know the outcome of the NEC lawsuits. It’s likely  that more parents will join the legal proceedings as awareness of the cow’s-milk-formula-NEC connection issue spreads. 

As such, we can’t put an exact figure on how much you can receive from an NEC lawsuit compensation payout. However, the companies behind these products have been forced to pay out millions of dollars in fines and compensation (unrelated to the NEC formula lawsuits) for various infringements in the past. Moreover, some of the current necrotizing enterocolitis lawsuits filed in court allege wrongful death and serious injury linked to Enfamil and Similac products. If it is proven that Abbott Laboratories and Mead Johnson & Company are at fault, then the level of compensation paid out to families could be substantial, perhaps exceeding millions of dollars.

NEC SettlementNEC Settlement

NEC Baby Formula Lawyers

Across the United States, several major law firms are working on baby formula injury compensation claims for different families who believe the manufacturers of Similac and Enfamil are at least partly responsible for the death of, or serious injury caused to, their child. The link between cow’s milk-based baby formula and NEC has been proven, and claimants believe Abbott Laboratories and Mead Johnson & Company had a duty to warn parents and medical care providers. 

One recent baby formula lawsuit case   brought up the question of why the companies continued to market their products for preterm low birth weight babies when the linkage to NEC was apparent. Thousands of babies are born preterm and underweight in the United States each year. Many of them will have their nutrition supplemented by these products. It is possible that a huge number of NEC lawsuits will be filed in the coming years. If you have been affected by defective baby formula, you can take a free evaluation with Select Justice now to see if you might qualify to join one of the lawsuits against Abbott Laboratories and Mead Johnson.

NEC Who Is LiableNEC Who Is Liable
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Dangers of NEC

Necrotizing Enterocolitis is a serious–and sometimes fatal–disease. To show the dangers of NEC, we can break it down through its etymology: Necrotizing (destroying of the tissue), entero- (relating to the intestines) and colitis (inflammation of the colon). While nobody is sure what causes NEC, understanding its name gives us an insight into its effects on an infant. 

Some dangers of NEC include narrowing of the intestines (intestinal stricture), getting a hole (perforation) in the intestine, developing scars of the intestines, being unable to absorb food after damage/removal of the intestine (called short bowel syndrome), and developing a severe infection in the abdomen (peritonitis) or throughout the entire body (sepsis).s. Unfortunately, in some cases, complications from NEC can lead to the death of the infant.

NEC Symptoms

The common symptoms of necrotizing enterocolitis are listed below. Please note that this is not exhaustive.

Symptoms of NEC may include:

  • Stomach pain
  • Stomach swelling
  • Blood in the infant’s stool
  • Lethargy (tiredness)
  • Vomiting, especially when colored green or yellow
  • Change in heart rate, blood pressure, breathing or body temperature
  • Lack of weight gain, refusal of food
NEC SymptomsNEC Symptoms

Causes of Necrotizing Enterocolitis

There is not any broad consensus on the cause of NEC, but medical experts have pinpointed certain conditions that may be linked to the disease. 

 Many of the conditions related to an increased risk of NIC  are characteristics often shared by preterm low birth weight infants. For instance, premature babies generally have weaker immune systems, which can affect their ability to fight disease. Preterm babies usually have a weaker digestive system and gastrointestinal conditions than full-term babies, which can impact their ability to fight off infection of the intestines. It’s harder for  oxygen-carrying blood to reach the intestines in preterm babies, decreasing the organ’s ability to fight off NEC.  While there are many unknowns about NEC, it’s clear that low birth weight and preterm delivery are risk factors for the condition. 

It has been proven that preterm babies being fed cow’s milk-based formula, such as Similac or Enfamil, are more likely to get NEC. It’s for that reason that claimants in the Similac and Enfamil lawsuits are asking why – at the very least – there are no warning labels (or other similar precautionary advice measures) on these products.

NEC Baby Formula Lawsuit

It's all too common to see baby formula companies in the news for the wrong reasons. Baby formulas are carefully marketed, with supposed science-backed promises to help our children’s development. The companies behind these claims portray themselves as competent and caring.  Manufacturers are often accused of promoting products that are harmful. Abbott Laboratories and Mead Johnson are not alone in this. A Neocate baby formula lawsuit linked to bone injuries in children is ongoing In 2011, a class-action suit accused Enfamil of making false and misleading claims around the addition of DHA to their baby formula.  In 1996, Abbott Laboratories was forced to pay a $32.5 million settlement after 17 states accused the company of baby formula price-fixing. 

Does this mean baby formula companies are unscrupulous? Not at all. But the current baby formula legal cases aim to ensure that products provided are safe for children, and that the companies pay suitable compensation to families who have suffered the loss of a child or serious injury due to defective baby formula.

NEC LawsuitNEC Lawsuit

Similac Baby Formula Lawsuit

Similac is a range of baby formulas produced by Abbott Laboratories. The company has been in business for over 90 years. The company’s motto – known as  The Promise of Similac – states that “we promise to help keep your baby fed, happy, and healthy.” Not all Similac products are cited in the NEC baby injury lawsuits. The legal action against Similac refers to cow’s milk-based products, and particularly those aimed at premature babies who require supplemental feeding. 

Products cited in current Similac baby formula lawsuits include:

  • Similac Neosure
  • Similac Human Milk Fortifier
  • Similac Special Care

Other cow’s milk-based Similac products include:

  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
  • Similac Human Milk Fortifier
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Powder
  • Similac Liquid Protein Fortifier
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein
  • Similac Special Care 30

Enfamil Baby Formula Lawsuit

Like Abbott Laboratories, Mead Johnson has a huge amount of experience in producing baby foods. The company’s founder, Edward Mead Johnson, was co-founder of the famous Johnson & Johnson company, but left the family business to create his own company in the late 19th century. 

Today, Mead Johnson & Company specializes in children’s nutrition. The Mead Johnson NEC lawsuits allege that supplementation with cow’s milk-based formula from the company’s Enfamil line may have led to the death or serious injury of premature babies.

Several of the lawsuits filed against Mead Johnson also cite Abbott Laboratories as co-defendant, and vice versa. This is because many preterm babies who died or were injured were fed both Similac and Enfamil products. 

Mead Johnson’s Enfamil products include:

  • 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

NEC Lawsuit FAQs

What are the details of the NEC Lawsuit?

Claimants, some of whom have seen their newborns die from NEC, believe that manufacturers of Enfamil and Similac baby formula should have been more proactive in warning of the potential dangers of their products. Moreover, the claimants believe that Abbott Laboratories and Mead Johnson & Company should be held accountable for wilfully marketing their products towards parents and medical professionals treating preterm babies when they knew the formula could cause NEC.

Can a baby get NEC more than once?

Unfortunately, yes. Some recurring cases of NEC require additional surgery. NEC can also lead to a lifetime of debilitating health issues and, in the worst cases, death of the infant.

Is NEC caused by Enfamil or Similac baby formula?

It has not been proven that Enfamil or Similac formulas cause NEC. However, several studies have shown that preterm babies fed these products are more likely to develop NEC. The crux of the argument in the NEC lawsuits is that the defendants – Abbott Laboratories and Mead Johnson & Company – knew of the dangers, but they continued to market the products for preterm babies regardless.

Can non-preterm babies and adults get NEC?

Yes, although it is far less common in babies born after 37 weeks gestation. Around 90% of the cases of NEC are found in preterm (born before 37 weeks of pregnancy) infants, and there have been rare cases of NEC found in adults.

How can I protect my baby against NEC?

Nobody knows for sure what causes NEC, so it’s not altogether clear how to prevent it. While it is unlikely that a healthy baby will get NEC, if your baby is underweight and born premature, the risks of developing NEC are somewhat higher (although still relatively rare). If you have any concerns, you should contact your healthcare provider right away.

Is there a current NEC lawsuit for preterm babies?

Several notable law firms specializing in infant injury have filed lawsuits against Abbott Laboratories and Mead Johnson & Company. The NEC legal cases are at an early stage, and more claimants are expected to join the lawsuits in time. 

If you believe your child has been affected by a defective formula leading to NEC, then use the free evaluation form from Select justice to connect with an experienced personal injury lawyer with expertise in the Enfamil and Similac cases.

Are you Eligible for a NEC Lawsuit?

If your baby was diagnosed with NEC, was born prematurely and was fed Enfamil or Similac baby formula, we can help you fight for your rights and compensation.

You Don’t Have to Fight Alone. We’re Here to Help. 

The death of a child is the most devastating thing a parent can face, and you shouldn’t have to walk the road of fighting corporations alone. Our team is here to help. Reach out to us today by filling out our free case evaluation form. If it’s possible that you and/or your family may qualify for legal compensation as the result of your child using Similac or Enfamil, we’ll work to connect you with top infant formula law firms that can help. We’re on your side. Fill out a case evaluation form today.

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