Preterm babies have a higher risk of contracting infections, including Necrotizing Enterocolitis (NEC). NEC is a gastrointestinal bacterial infection that causes intestinal inflammation and the death of tissues. Even though the condition is treatable using antibiotics or abdominal repair surgery, the survival chances of a preterm baby are depressing low. Moreover, NEC can lead to complex health problems, including intestinal strictures, sepsis, cerebral palsy, development problems, and intestinal tissue perforation.

Scientific studies show that preemies are at greater risk of developing Necrotizing Enterocolitis when nursed using cow’s milk-based baby formula like Similac or Enfamil. The infection typically strikes when the child is 2 to 6 weeks old. If your child has developed health complications or died from NEC after feeding on these products, contact your attorney immediately for a comprehensive and 100% free case evaluation.

Mass Filing Of Necrotizing Enterocolitis (NEC) Lawsuits Across Different States

In the United States alone, nearly 380,000 babies are born each year prematurely. According to a recent report by March of Dimes, in every ten babies born in the U.S., one is premature. Unfortunately, a staggering 10% of these preemies develop Necrotizing Enterocolitis, where 25% to 50% of the infants die shortly after the infection.

As recent as December 2021, the parents of about 33 children who suffered NEC filed a lawsuit in Illinois pointing the blaming finger at cow’s milk-based baby formulas. According to the parents, the products dramatically increased the risk of NEC infections and death in premature babies.

The lawsuits are filed against Abbott Laboratories and Mead Johnson Nutrition Co. (Enfamil and Similac baby formula manufacturers). These companies continue to distribute their products without providing adequate warning of the risk of NEC as a side effect of using cow’s milk-based formulas. Unfortunately, their sales remain rocket high despite a Lancet study in 1990 affirming that premature babies fed formula are up to 10 times more likely to develop NEC. Subsequent studies over the years have also supported the fact that cow’s milk-based formulas endanger the lives of premature infants by posing the risk of developing Necrotizing Enterocolitis.

The parents of the 33 children have requested the Illinois Supreme Court to centralize their cases in Madison County in preparation for the pretrial proceedings.

The details of the lawsuit are as follows:

Case Number 2021 L 000560 — Destin Jupiter et al. v. Mead Johnson & Company LLC et al., Circuit Court of the Third Judicial Circuit (Madison County, Illinois)

The mass action lawsuit targets the companies for their marketing gimmicks that pose cow’s milk-based baby formulas as harmless and even crucial for the excellent health of premature babies. This is despite the full knowledge of accredited studies confirming that such products are “extremely dangerous” for their potential to cause Necrotizing Enterocolitis. The employed marketing strategies are merely an easy means to exploit new parents by instilling fear about the ability of a mother’s milk to satisfy the baby. Even though the marketing tactics used are not necessarily illegal, the companies are liable for their failure to warn consumers about the high risk of NEC posed by the formulas.

Enfamil and Similac Baby Formula Necrotizing Enterocolitis Lawsuits

Two ongoing lawsuits are accusing Abbott Laboratories and Mead Johnson & Company, LLC of failing to give any warning on their product labels. Both baby formula manufacturers have failed to mention the high risk of contracting necrotizing enterocolitis when Similac or Enfamil is fed to preemie infants.

Similac Product Liability Lawsuit

The parents of Daniel R. filed a lawsuit (U.S. District Court for the Eastern District of California — Case Number 1:21-CV-00798.) against Abbott Laboratories. The lawsuit was filed on May 14, 2021, after the Valley Children’s Hospital Madera, CA caregivers fed their premature baby (born at 31 weeks) Similac cow’s milk-based baby formula while in NICU (Neonatal Intensive Care Unit). Sadly, the boy died while only 16 days old.

Enfamil Product Liability Lawsuit

In a similar lawsuit filed in June 2021 (Madison County Circuit Court case number 21-L-000560), the parents of a boy born prematurely blamed Enfamil cow’s milk-based baby formula for NEC side effects. Again, the baby developed NEC and required highly invasive surgery to remove significant portions of his infected intestines.

The 1990 Study Linking Cow’s Milk-Based Formula and Necrotizing Enterocolitis

The lawsuits against Abbott Laboratories and Mead Johnson & Company, LLC are based on a study conducted in December 1990. Researchers studied 926 preemie babies assigned an early diet where 51 (5.5%) developed necrotizing enterocolitis.

The case study recorded 26% deaths. It also confirmed that premature babies exclusively formula-fed are 6 to 10 times more predisposed to developing necrotizing enterocolitis than those on exclusive breastfeeding. Babies fed on breast milk and formula are three times more at risk of developing NEC. Generally, the risk of necrotizing enterocolitis is dramatically higher when the infant depends solely on formula.

Where the Problem Lies

Numerous studies conducted between 1990 and today have confirmed that it is best for preemie infants to feed exclusively on human breast milk. A 2012 study by the American Academy of Pediatrics showed that a mother’s milk is far more beneficial than formula. It promotes enhanced growth and neurodevelopment while reducing the risk of necrotizing enterocolitis and sepsis. Therefore, a mother’s milk or donor milk (despite pasteurization challenges and limited supply) should be the primary diet of a premature infant.

The critical problem is that Similac and Enfamil do not warn about the life-threatening risk of developing NEC. The only warning on the labels of these products is that preemies with very low birth weight are particularly vulnerable to developing gastrointestinal complications.

More Studies Linking Cow’s Milk-Based Formula with Higher Risk of NEC and Feeding Intolerance

According to a November 2021 study conducted by Canadian researchers, preemies and infants with low birth weight fed on cow’s milk-based formulas were three times at risk of being transferred to the NICU following NEC complications than infants fed on donor breast milk.

Another study in October 2021 confirmed these findings and even labeled breast milk the ultimate “gold standard” for ensuring an infant’s proper growth and development. Moreover, the study confirmed a lower risk of necrotizing enterocolitis from human breast milk than formula.

Necrotizing Enterocolitis Defined

Necrotizing enterocolitis (NEC) is a bacterial infection that inflames, damages, and kills intestinal tissue. The potentially fatal condition is particularly prone to premature babies fed on formula. Currently, there is a mass action lawsuit against the makers of Similac and Enfamil for their failure to issue a warning on the labels of their products.

Treatment for NEC involves performing a surgical procedure to repair or remove the damaged intestines. Unfortunately, a depressing percentage of children do not survive the highly invasive treatment or are predisposed to a whole range of growth and neurodevelopmental issues.

Other conditions closely linked to necrotizing enterocolitis include:

  • Intestinal stricture
  • Peritonitis (abdominal infection)
  • Sepsis
  • Short bowel syndrome

Here are the common signs and symptoms of necrotizing enterocolitis:

  • Greenish or yellowish vomit
  • Bloodstains in stool or diarrhea
  • Abdominal aches and swelling
  • Lethargy
  • Palpitations and irregular breathing patterns
  • Changes in blood pressure and body temperature
  • Lack of appetite and failure to gain weight
  • Neurological conditions
  • Cerebral palsy

Some of the popular cow’s milk-based formulas include:

  • Enfamil
  • Similac
  • Kendamil
  • Happy Baby
  • Parent’s Choice
  • Lebenswert
  • Earth’s Best
  • Loulouka
  • Gerber
  • Go & Grow, etc.

Necrotizing Enterocolitis Lawsuits

There are ongoing lawsuits against Mead Johnson & Company and Abbott Laboratories. You are eligible for the claim if your premature baby (born before 37 weeks gestation) was diagnosed with necrotizing enterocolitis after consuming a cow’s milk-based formula or a product fortified with cow’s milk.

The formulas currently under investigation include:

  • Mead Johnson & Company’s Enfamil Human Milk Fortifier
  • Abbott Laboratories’ Similac Special Care Formula
  • Mead Johnson & Company’s Enfamil NeuroPro EnfaCare Formula

Like all other product injury claims, you have a two-year time limit to file an NEC claim. The clock starts ticking from the date you discover or should have known about an injury. Joining the mass tort will not cost you a dime unless you win, and this generally means you have nothing to lose. At Consumer Alert Now, even the initial consultation is free, and you will not need to spend a penny to have your case evaluated by a skilled NEC lawsuit attorney.

Find A Necrotizing Enterocolitis (NEC) Attorney Near Me

If your baby has suffered injuries or wrongful death after consuming Enfamil by manufacturer Mead Johnson or Similac by Abbott Laboratories, we invite you to contact Consumer Alert Now. Let us help you join the mass tort against these companies that knew or should have known that their cow’s milk-based formulas pose a devastatingly high risk of developing necrotizing enterocolitis, especially for preemie babies. The lawsuit holds these manufacturers accountable for failing to warn parents and healthcare providers about the potential risk of using their formulas. We also accept referrals from other law firms in all 50 states and consider this a great honor. For questions about the ongoing Necrotizing Enterocolitis Lawsuit or a free case evaluation, call us now at 800-511-0747.