NEC Baby Formula Lawsuit

Families of premature babies who suffered from necrotizing enterocolitis after being fed Similac and Enfamil baby formula may be eligible to pursue a claim and seek financial compensation.

Baby formula has been used for decades by mothers of newborn infants as a substitute for breast milk. Unfortunately, many of Similac and Enfamil formulas are cow-milk-based products that have been linked to the development of necrotizing enterocolitis (NEC), a gastrointestinal bacterial infection, among premature babies. As a result, parents and family members of affected premature babies have filed lawsuits against Abbott Laboratories and Mead Johnson (the companies that manufacture Similac and Enfamil) for failing to warn consumers about the increased risk of developing NEC in babies from their baby formula products.

If your baby was born prematurely and suffered from necrotizing enterocolitis after being fed Similac and Enfamil infant formula, contact Maxwell Law Group today. We can answer your questions and review your case for free.

Necrotizing enterocolitis (NEC) is a medical condition where tissues in the large intestines become inflamed. This inflammation can cause infection and death of intestinal tissues in newborns.

Premature babies are at an increased risk of developing NEC because their bodies are not yet physically mature. They may not be receiving adequate blood and oxygen, and they have not fully developed the necessary antibodies to fight off infection.

Common symptoms

While symptoms may vary, the most common symptoms experienced by newborn babies with NEC are the following:

• Swollen belly
• Trouble feeding
• Diarrhea
• Dark or bloody stools
• Constipation
• Green vomit
• Food staying in the stomach longer
• Decrease in activity and lethargy

Diagnosis

The baby’s healthcare provider will assess for signs and symptoms of NEC. An abdominal x-ray may be performed to check for abnormal gas patterns in the intestines.

In severe cases, a doctor may need to perform a needle insertion in the belly to check for fluid, which is a sign of a hole in the intestines.

Complications

Necrotizing enterocolitis can cause holes in the baby’s intestines, increasing the risk of infection as the bacteria leaks from the colon to the intestinal wall and abdominal cavity. This can cause an infection that can affect the baby’s ability to absorb nutrition, which could lead to growth and developmental delays. It can also cause scarring and narrowing of the intestines. If left untreated, the infection could spread into the blood and become a life-threatening condition.

Treatment

Due to the severity of possible complications from NEC, treatment is immediately started after diagnosis. These include the following:

• Stopping all feedings temporarily
• Inserting a tube through the nose or mouth to remove air and fluid in the stomach and intestines
• Giving fluids and nutrition through IV treatment
• Antibiotics to treat or prevent infection
• Surgery in severe cases to remove the infected portion of the intestines

Similac and Enfamil are made from cow milk with nutrients and ingredients added in an effort to resemble human breast milk. One of the earliest studies regarding the connection between NEC and cow-based formula was published in The Lancet in December 1990. The study concluded that NEC in exclusively formula-fed babies was 6 to 10 times more common compared to those babies who were breastfed, and developing NEC was 3 times more common for those babies who received both breast milk and formula feeding.

In a publication from the US Department of Health and Human Services in 2011, cow-based formula feeding was found to increase the rates of NEC among vulnerable premature infants.

A study published in March 2012 from the American Academy of Pediatrics showed that exclusively breast-fed preterm infants had a 77% reduction in NEC compared to babies who were given cow milk-based formula.Another study published in the Cochrane in 2020 showed that artificial formulas do not provide the antibodies needed to protect a newborn baby from infections in the gastrointestinal system. Feeding babies with formula rather than breast milk can increase the risk of these health issues and can negatively affect growth and development.

The time you have to pursue a claim is limited. Do not wait to reach out to our firm or call (844) 525-7155 to see if you have a case.

In 2011, a malpractice claim in Massachusetts alleged that a physician and neonatologist failed to diagnose and treat a baby’s NEC. The doctor ordered cow milk-based baby formula for a premature newborn. The baby developed metabolic problems and was admitted to the neonatal ICU. Unfortunately, the baby developed NEC and did not recover. The parents were awarded a $7 million verdict.

In another malpractice lawsuit in 2019 in New York, a two-day-old baby suffering from heart murmurs was given a combination of breast milk and cow milk-based formula. The baby later developed NEC. The claim alleged that the hospital could have exclusively given breast milk. The verdict awarded the parents $1.3 million.

Two lawsuits in May 2021 involved two premature babies who were given Similac and Enfamil while admitted to the hospital. They both developed NEC — one baby required surgery to remove a large portion of the intestine; the other baby passed away at only 16 days old.

NEC baby formula lawsuits allege that the manufacturers knew or should have known the risk of developing NEC associated with their products, and failed to warn parents, hospitals, clinics, and healthcare providers. The safety warning labels in these products only indicate that very low-birth-weight infants were at risk for gastrointestinal complications.

Key milestones

• 2022: Federal NEC formula cases were consolidated into MDL 3026 in the Northern District of Illinois.
• 2024: State-court juries returned major verdicts, including $60 million against Mead Johnson in Illinois and $495 million against Abbott in Missouri. The Mead Johnson verdict was later reversed on appeal.
• August 2026: In the first federal bellwether trial to reach a verdict, a jury found in favor of Mead Johnson. Hundreds of cases remain pending.

If your premature baby suffered from necrotizing enterocolitis after being fed Similac or Enfamil formula milk, Maxwell Law Group can help get you the compensation you deserve. Call (844) 525-7155 or fill out the form below and we’ll investigate your case at no charge to you.