Premature babies are babies born under thirty-seven weeks and are often underdeveloped. By definition, the preemies are often tiny, have low body fat, and have trouble suckling. Since these infants did not grow fully in the womb, they need extra nutrition from the advanced baby formulas. Similac is one of the most common infant formulas made from modified cow milk.

Although the baby formula is designed to help the infant grow and develop properly, this is not always the case. Recent studies have linked the use of Similac to NEC, which is a serious and life-threatening intestinal condition. Parents of infants who suffered injuries or death from NEC after being fed on Similac are suing Abbott Laboratories, the formula manufacturer. If your formula-fed baby is diagnosed with NEC, you could be eligible to join a mass tort and recover compensation for your losses.

What is NEC?

Necrotizing enterocolitis is a severe infection that affects the intestines of premature babies. NEC results from a bacterial infection that attacks the baby’s intestine and causes inflammation. The inflammation in the walls of the infants can cause tissue death in the organ. In addition to destroying the intestine walls, the inflammation could cause perforations on the colon walls. If holes develop on the baby’s intestine, bacteria and stool from the intestines will leak into the abdomen, resulting in an overwhelming infection, organ failure, or even death.

Typically, NEC affects 1 in every 2,000 births. Although this condition is not common in normal-weight infants, it affects up to 10% of premature infants. The exact cause of NEC is unknown, but it is clear that it is common among premature infants fed on formula. Researchers believe that baby formula is linked to NEC due to premature babies’ underdeveloped and extremely thin intestinal lining.

Preemies have a low oxygen supply to the intestines, which causes severe damage to the tissues. The damage of the intestine walls can allow normal bacteria from the digestive system. Also, research has shown that babies fed on formula milk that is not made of cow’s milk have a low susceptibility to this infection.

Due to the complex bacteria made of cow milk, researchers have found that these milk-based formulas are harder to digest. The infant formula may not be completely sterile and could risk bacterial infections to the already vulnerable premature babies.

Symptoms of NEC

Your child could be suffering from NEC if they were born premature and are experiencing the following symptoms:

  • Abdominal pressure
  • Tender, red, and swollen stomach
  • Fatigue
  • Vomiting
  • Temperature fluctuation
  • Abnormal breathing patterns
  • Diarrhea
  • Slowed heart rate

NEC is also likely to cause serious injuries, such as removing the small and large intestines, cerebral palsy, and permanent blindness. Although most babies survive this infection, they may be left with catastrophic injuries.

After noticing the symptoms, NEC can be diagnosed through an abdominal X-ray. After the intestinal X-ray, a fecal blood test will be performed to test for white blood cell count or lactic acidosis instances.

The link between Similac and NEC in Premature Babies

Similac is one of the most common baby formula brands in the United States and is manufactured by Abbott Laboratories. Like other infant formulas, Similac is made from the modification of cow milk to mimic human milk. Recent studies have concluded that baby formula made from cow milk is dangerous to premature babies. Also, it increases their risk of developing a gastrointestinal condition known as necrotizing enterocolitis.

NEC is a very aggressive infection, especially since their digestive system is not fully developed. Necrotizing enterocolitis causes a decay in the intestinal wall tissues. From the intestinal lining, the infection can spread through the full thickness of the intestine and can cause perforations. A case of mild NEC results in moderate discomfort. However, when the condition is severe, it can have permanent health issues for the child.

When NEC is not diagnosed and treated early, the decay of the tissues can cause holes in the intestinal walls causing the intestinal bacteria to leak to the abdominal cavity or the blood. If the infection spreads to the intestine, it will develop into a severe infection, leading to sepsis and death. The evidence linking Similac baby formula to NEV in premature babies dates back to the early 1990s. However, recent studies have confirmed the increased risk of NEC associated with these formulas.

According to recent studies, preemies are more susceptible to developing necrotizing enterocolitis. This has pushed organizations like the American Academy of Pediatrics to warn against feeding premature babies on cow milk-based infant formulas.

Status of Similac Lawsuits

The litigation on Similac and the risk of NEC in premature babies has started to pick up momentum. New lawsuits are coming up against Abbott and other cow-based infant formula manufacturers every day. Essentially, the lawsuits are asserting product liability for:

  • Defective products. When a company develops a product to be released for consumption by the public, it must ensure that it meets all the standards and is safe for consumption. In the lawsuit filed against Similac, the plaintiffs allege that the company produced and released a defective product in the market.
  • Failure to warn. The lawsuits allege that Abbott Laboratories knew that Similac baby formula was not entirely safe for consumption by premature infants. However, they failed to disclose the risks to the consumers, which resulted in injuries and deaths for the infants.
  • Intention misrepresentation. When marketing a product, a company must indicate its product's benefits and side effects. The manufacturer of Similac only indicated the safety and advantages of the product.
  • Negligence. Liability for defective products is always based on negligence. Negligence, in this case, is the disregard for the safety of others. Manufacturers have to ensure that their products are safe. Abbott laboratories breached their duty of care by producing and marketing unsafe products.

Due to the increased volume of individual cases against Similac for Causing NEC, all lawsuits pending in the federal court may be consolidated into multidistrict litigation. In product liability, MSLs are similar to the traditional class action. However, all the lawsuits will remain separate and only be consolidated for trial. In addition to suing Abbott Laboratories, parents of infants are filing medical malpractice claims against hospitals. This is because some hospitals use Similac on their preterm babies.

Has Similac been recalled?

No. Similac infant formula has remained on the market despite the many studies showing its link to necrotizing enterocolitis. The FDA has not recalled Similac, nor has Abbott Laboratories made a voluntary recall. However, doctors have advised against the use of this product.

How much is a Similac Lawsuit Worth

Since the lawsuits against Similac manufacturers are early, no settlement has been made. This makes it a challenge to estimate how much you may recover if your lawsuit goes to trial and is settled. However, the lawsuits against this product are seeking compensatory damages for:

Medical bills

Treatment for NEC begins with stopping the formula. The doctor will then remove the excess gas from the baby’s stomach by inserting a tube. After eliminating the gas, the doctors could start antibiotics to clear the infection. The level and extent of treatment are based on the condition’s severity. If the baby has a hole or inflammation, surgery to remove the dead tissues will be necessary. A colostomy is performed to remove part of the colon in severe cases.

The extensive treatment needed to treat NEC could be financially draining for the family. Therefore, the plaintiffs seek to recover the amount used for treatment procedures.

Pain and Suffering

Caring for a premature baby is already hard enough for the parents. When the baby develops a serious condition like NEC, it adds more stress to the already difficult situation. Although you cannot put a dollar value on a person’s emotions, plaintiffs suing Abbott Laboratories may be able to recover compensation for the pain and suffering they go through watching their child battle the condition.

Join a Mass Tort Against Similac

A mass tort lawsuit consists of many plaintiffs with a similar interest in suing a common defendant for their damages. If your child has suffered from Necrotizing enterocolitis after being fed on Similac baby formula, you may be eligible to be part of a mass tort for the product to recover compensation.

Seek Legal Guidance Near Me

Similac is a milk-based formula commonly used to supplement premature babies. Unfortunately, nobody has bothered to warn the already overstressed parents of premature babies about the risk associated with Similac baby formula. Abbott Laboratories, the makers of Similac, did not add any warning labels to their product, and they were marketed as safe and beneficial for infants. Failure to warn consumers of your product is a breach of duty. Therefore, this company can be held liable for the injuries or death of your child associated with NEC.

By filing a lawsuit against Similac manufactures, you can recover compensation for the financial losses you incurred from your child’s illness and injuries. Additionally, you may be compensated for the emotional and psychological suffering resulting from your child’s death. Filing a lawsuit can be challenging. Therefore, you will require expert guidance. At Consumer Alert Now, we will help you understand more about the dangerous baby formulas and connect you with the relevant legal team to guide you through the process of seeking compensation. Call us today at 800-511-0747.