Similac Lawsuits: NEC Baby Formula Case

Jessa By Jessa
14 Min Read

Parents are facing a troubling reality regarding the health and safety of their premature infants. Recent findings suggest a concerning link between feeding Similac formula and the development of necrotizing enterocolitis (NEC), a severe and often life-threatening intestinal disease in premature infants. This issue is underscored by the potential for significant long-term health complications for affected infants, leading many parents to seek legal recourse against the manufacturers of Similac.

Understanding the implications of NEC in premature infants is critical. NEC is a serious condition that causes inflammation and bacterial infection in the intestines, which can lead to the death of intestinal tissue. This condition predominantly affects premature infants, who are already vulnerable due to their underdeveloped organs and immune systems. Parents who have turned to Similac, trusting it as a safe nutritional option, are now grappling with the devastating consequences of this condition in their infants.

Mass Tort America recognizes the profound distress and urgency parents face in these circumstances. Our team is dedicated to providing comprehensive legal support to those affected, helping them navigate the complexities of NEC-related lawsuits. Our goal is to secure justice and compensation for the families impacted by the negligence of baby formula manufacturers.

Scientific studies have highlighted a concerning connection between certain baby formulas, including Similac, and the development of NEC in premature babies. These formulas, which are cow’s milk-based, have been shown to increase the risk of NEC compared to breast milk. The immature digestive systems of premature infants struggle to process the proteins in cow’s milk, leading to inflammation and, in severe cases, NEC.

A study published in the journal Pediatrics in 2017 found that infants fed formula containing cow’s milk protein were more likely to develop NEC than those breastfed or fed a formula made from hydrolyzed protein.

The manufacturers of Similac, despite evidence of this risk, have continued to market their products to hospitals and parents of premature infants. This has led to the widespread use of Similac in neonatal intensive care units (NICUs) across the country. The lack of adequate warnings and clear information about the potential dangers associated with cow’s milk-based formulas has left many parents unaware of the risks they are taking. Furthermore, research indicates that premature infants fed with cow’s milk-based formulas are six to ten times more likely to develop NEC than those who are breastfed or given human milk-based formulas. This stark statistic underscores the critical need for heightened awareness and better labeling practices from formula manufacturers to protect the health and well-being of the most vulnerable infants

About The Similac Lawsuit

A federal lawsuit against infant formula manufacturers aims to prevent children from suffering from neonatal enterocolitis. NEC is characterized by gastrointestinal distress, malnourishment, nausea, and death. If your child has NEC and was given a Similac brand formula, you can pursue legal action. Lawyers are accepting new client applications for inclusion in multiple jurisdiction litigation.

The NEC baby formula lawsuits encompass various legal actions, including class action litigation, negligence claims, and court proceedings against manufacturers.

Mead Johnson is the next largest manufacturer at 40%. When judges formed the baby formula lawsuit multidistrict litigation in Illinois, almost all of the first lawsuits moved to the MDL were Similac lawsuits. The status of Similac baby formula lawsuits is just beginning, and so far, there have been no public settlements or jury verdicts awarded in injury claims. Abbott also faces class action lawsuits from shareholders who say the company concealed problems at its Sturgis, Michigan, plant.

The first federal MDL NEC class action lawsuit includes both Enfamil and Similac. This MDL class action is now underway (In re: Abbott Laboratories, et al., Preterm Infant Nutrition Prod. Liab. Lit.- MDL No. 3026). The MDL judge is Judge Rebecca Pallmeyer in the North District of Illinois.

As of June 2024, 514 Similac cases had been filed in multi-district cases in the U.S. The cases in MDL 30366 remain in the Northern District of Illinois. Several of the children involved in the case claimed they were infected with enterocolitis after receiving baby formula. Plaintiffs in Similac baby formula lawsuits allege that Abbott Laboratories was aware its Similac products could potentially cause necrotizing enterocolitis, particularly in babies born prematurely or at a low weight.

Parents who have experienced the heartbreak of watching their premature infants suffer from NEC due to cow’s milk-based formulas like Similac are now seeking justice through legal means. The basis for these lawsuits typically revolves around the manufacturers’ failure to warn about the risks, negligent marketing practices, and the production of a potentially dangerous product.

Various NEC infant formula lawsuits have been filed against baby formula manufacturers, with cases covering court updates, jury verdicts, and the impact of NEC on premature infants.

Studies indicate cow’s milk-based formulas such as Similac increase NEC risk in premature infants. Similac lawsuits cite many of those studies in their claims. Plaintiffs contend that Abbott Laboratories either didn’t do enough to protect the public from the potential dangers or deliberately misled the public into thinking their products were safe.

To build a strong case, it is essential to establish that the manufacturer was aware, or should have been aware, of the risks associated with their product and yet failed to take appropriate action. This includes demonstrating that the product labeling was inadequate and that parents were not properly informed of the potential dangers. Additionally, showing that the manufacturers continued to market their formula as safe for premature infants despite evidence to the contrary strengthens the legal argument.

Parents pursuing these lawsuits often aim to secure compensation for medical expenses, pain and suffering, and long-term care costs for their children. The legal process involves gathering extensive medical records, expert testimony, and evidence of the manufacturer’s knowledge and actions regarding the risks of their product.

Do You Qualify To File An NEC Baby Formula Lawsuit?

In order to be eligible to file or join a Similac or Enfamil baby formula lawsuit, you must meet the following criteria: Your infant must have been born prematurely Your premature infant received Similac or Enfamil while in the hospital Your premature infant must have received a diagnosis of necrotizing enterocolitis (NEC), sepsis, meningitis, bowel amputation, bacterial infection, bloody stool, abnormal bleeding, shortness of breath, fatigue, salmonella or death.

When your family suffers from NEC and is fed Similac infant formula, you may have an appeal against Similac NEC. If you believe a child was the result of the Similac formula, you are required to speak immediately with a licensed law firm. NEC baby formula lawyers represent parents of preemies who developed NEC due to cow-milk-based formula, offering legal services on a contingency-fee-basis. Understands the traumatic effects resulting from NECs and aims to protect your best interests by bringing legal action on behalf of the manufacturer. The Similac NEC case will be evaluated in a number of key ways to establish eligibility and to determine whether the suit is successful.

How Much Compensation Will I Get For A NEC Lawsuit?

Depending upon how much the plaintiff has settled the suit, the settlement could be between $5,000 and $500,000. These estimated settlement amounts are not necessarily guaranteed settlements, they are simply guesses based on past product litigation.

Has Anyone Won A NEC Lawsuit?

The judge said the plaintiffs in the lawsuit were awarded $60 million. The jury found the company had not adequately warned of the potential risks of contamination with milk-based formulas that can cause infant deaths six days later.

NEC Class Action Lawsuit Status Updates

Several of you have closely followed the NEC baby formula suit. Before we start the actual litigation I can give you the most current information about these cases. July 2024. The next status conference for this litigation is scheduled for July 25. ) Msty. July 17, 2024. NEC Update The NEC’s upcoming baby formula trial is scheduled for 5 April 2025. July 3, 2025 Update from NEC. After a two-day period with high-than-average new cases, the NEC reported another downward trend in a recent occurrence. The case number for all new claims is now 414.

Makers Of Similac And Enfamil Failed To Warn About The NEC Risks

Now, an increasing number of parents are filing product liability lawsuits and suing the manufacturers for producing toxic baby formulas. Parents are claiming that Abbott Laboratories and Mead Johnson knew or should have known about the potential risks associated with their products, specifically the component of cow’s milk called bovine spongiform encephalopathy (BSE) that could cause NEC, sepsis, failure to thrive, or other dangers.

Similac is manufactured by Abbott Laboratories Inc., a major medical equipment and medical product supplier from Chicago. You’re probably aware of that. You’re probably not familiar with Mead Johnson Nutrition Company, the maker of Enfamil. The firm’s size was 16 billion. Abbott knew about the science that their formula containing milk induced a significantly increased NEC risk for pre-born infants. Abbott and Mead deliberately chose not to label their products to warn of the NEC risks.

The Role Of The FDA And Medical Community

The Food and Drug Administration (FDA) plays a crucial role in regulating baby formulas and ensuring they meet safety standards. However, critics argue that the FDA’s current regulations do not go far enough in protecting premature infants from the risks associated with cow’s milk-based formulas. There is a call for more stringent guidelines and mandatory warnings to prevent further cases of NEC.

The medical community also bears responsibility for this issue. Neonatologists and pediatricians should be fully aware of the risks and should advocate for safer feeding alternatives for premature infants. Hospitals need to prioritize breast milk and human milk-based formulas in their NICUs to minimize the risk of NEC.

Parents, too, need to be empowered with information. Educational initiatives and clear communication from healthcare providers about the safest feeding options for premature infants are essential in preventing NEC and ensuring the well-being of these vulnerable babies.

Why Choose Mass Tort America For Your Case?

Mass Tort America is committed to fighting for the rights of families affected by NEC due to cow’s milk-based formulas like Similac. We understand the emotional and financial toll that this condition takes on families and are dedicated to holding manufacturers accountable for their negligence. Our experienced legal team has the expertise to navigate the complexities of these cases and to seek the justice and compensation that families deserve.

Working with Mass Tort America means you will have a compassionate and knowledgeable team by your side. We offer personalized support and are equipped to handle every aspect of your case, from gathering evidence to negotiating settlements. Our nationwide reach ensures that no matter where you are, we can provide the legal assistance you need. Contact us today at 800-356-4338 or through our contact form at https://masstortamerica.com/contact/ to discuss your case and explore your legal options.

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