When a mother welcomes a newborn into the world, it is a moment of enthusiasm and joy for a promise of new life. Nevertheless, when the infant is delivered prematurely, the family also faces concern and stress for the child's health. Preemies can have challenges breastfeeding and require nutrition to address all medical conditions affecting them. During this period, physicians recommend that parents use a baby formula to supplement the child's nutrition.

However, several studies prove that cow-based formulas manufactured by Similac and Enfamil put these infants at a greater risk of suffering from necrotizing enterocolitis. This intestinal inflammation or injury can result in organ failure, intestinal necrotic, or death. The products' labels do not have guidelines, instructions, or warnings about the NEC risks to inform parents and doctors on the product use. As a result, parents whose preemies suffered an injury or died after feeding on these formulas are now bringing lawsuits against the defendants. Please continue reading to understand the relationship between baby formulas and NEC, the defendants' potential liability, and issues you need to consider when filing your lawsuit.

Products Involved in NEC Causing Infant Formula Lawsuits

Children born preterm require additional nutrition to enhance their growth and development. Nevertheless, most infants cannot breastfeed and are given formula instead.

Enfamil and Similac are some of the leading baby formula brands. Most of their formulas are manufactured from cow milk and contain different ingredients and nutrients to resemble the human milk (HUM) diet. Unfortunately, these food products increase children's possibility of suffering from necrotizing enterocolitis.

While making vast sums of money, these manufacturers have ignored the scientific research over decades that proves that the formulas lead to bacterial overload in premature children's stomachs that cause holes in the bowels, infections, and bleeding.

Below are milk-based infant formulas involved in civil litigation:

  • Similac Neosure
  • Similac Human Milk Fortifier
  • Similac Special Care 24, 20, 30
  • Enfamil NeoPro EnfaCare Infant Formula

Neither Abbott Laboratories nor Mead Johnson has recalled these food products. They are available in stores.

Please contact a skilled attorney immediately if your preemie has developed this neonatal digestive ailment following feeding on these formulas. The lawyer can review your case to determine whether you have a viable claim, collect evidence, and file your claim.

Defining Necrotizing Enterocolitis (NEC)

Necrotizing enterocolitis is an illness that affects the intestine of preterm children. Typically, it occurs within the initial two weeks of life in children who feed on baby formula. Bacteria invade the intestine walls, causing inflammation. It can result in a gap or crack that allows germs to enter the juvenile's abdomen. If not properly treated, the condition can result in severe infections or death.

What causes the condition is unknown. Nonetheless, doctors are sure that preterm babies have less mature and weak intestines than full-term children. That means oxygen and blood do not move around their body as they should, damaging intestinal tissues. Additionally, they have difficulties fighting infections and breaking down foods.

Depending on the cause and type of NEC, symptoms can appear for a couple of days or manifest suddenly in children who otherwise seem to be doing well. Common symptoms of this condition include:

  • Changes in blood pressure, breathing, body temperature, and heart rate
  • Abdominal swelling
  • Abdominal pain
  • Diarrhea
  • Bloody stool
  • Vomiting
  • Lethargy
  • Lack of weight gain
  • Refusing to eat

A child diagnosed with NEC is more likely to develop other complications, such as:

  • Abdominal infections
  • Intestinal stricture
  • Short bowel syndrome
  • Growth failure and developmental delays

NEC Diagnosis

The pediatrician will perform an x-ray of your child's abdomen and conduct blood tests. The diagnostic imaging will show air bubbles or gas in your child's intestine wall if they have the condition.

Also, the pediatrician can insert a needle into your child's abdomen, and if fluids leak out, there is a hole in their intestine.

Blood tests for children suffering from NEC show high platelet count and low white blood cells count. It means the infant cannot fight infections.

NEC Treatment

Your child's treatment option depends on factors such as the preterm baby's age, medical history, general health, and the degree of the health condition.

Then the pediatrician can do one of the following:

  • Stop the feeding
  • Insert a tube via the child's nose into the stomach to eliminate fluid and ensure the stomach is empty
  • Give the child fluid intravenously to ensure they are hydrated and nourished.
  • Administer antibiotics
  • Monitor NEC by conducting x-rays
  • Offer breathing assistance if your child's belly is too swollen for them to breathe on their own

After the child has recovered (in five to seven days), they can begin feeding by mouth again.

If they fail to get better after treatment or the intestine has a hole, they will require surgery. The medical procedure entails removing the dead tissues and ruptured sections of the intestines. In severe cases, babies who have surgical procedures can undergo ostomy (have the bowel or intestine connected to the opening in their abdomen).

The Relationship Between Similac and Enfamil Baby Formulas and NEC In Preterm Infants

While the cause of necrotizing enterocolitis is unknown, several clinical studies and studies prove that cow milk-based infant formulas considerably increase the likelihood of premature babies developing NEC.

Nevertheless, the risk has been clear. In 2012, the American Academy of Pediatrics recommended that preemies only be given human breast donor milk.

The first research suggesting a relationship between NEC and baby formulas was published in 1990 in Lancet. It discovered that a formula-fed child was ten times more likely to suffer from NEC than one fed on human milk.

Other NEC-causing formula studies include:

According to a study conducted in 2014, necrotizing enterocolitis is a devastating ailment with significant mortality and morbidity. Its risk increases with the administration of baby formula. The study analyzed the feeding strategies before and following developing NEC.

Another study was conducted in 2017, and it emphasized the benefits of an exclusive human milk diet. It found out that human milk has a lower incidence of mortality and NEC.

Enfamil and Similac Failed to Caution About the Necrotizing Enterocolitis Risks

Both Mead and Abbott Laboratories knew of the scientific proof indicating that their baby food products increased the risk of preemies developing NEC. However, these manufacturers intentionally decided not to add any warning labels.

While your lawyer does not know why these makers did not include the warnings, you can predict based on the truths on the ground. A risk warning will result in fewer sales and low-profit margins.

Many infants and parents who fed their children the food products and then developed the condition are bringing product liability claims against the defendants for failing to warn them. The plaintiffs allege that these manufacturers had an obligation to advise consumers of the dangers but continued to market the formulas as safe. If the manufacturers issued adequate warnings, medical professionals could have recommended the HUM diet.

The U.S. Federal Food, Drug, and Cosmetic Act (USFDCA) regulates infant formula as food, and including the warning is not hard compared to a drug.

Current Lawsuit Status Update

The toxic infant formula lawsuits are currently at their initial stages, and law firms are calling affected families to come forward. Nonetheless, numerous claims have been filed. The plaintiffs allege that the manufacturers failed to warn medics and parents of the hazards of feeding their underweight children.

In 2021, plaintiffs, through their lawyers, brought a motion with the Illinois Supreme Court requesting cases be consolidated into multi-district litigation. In January 2022, the Supreme Court granted the makers of the toxic food products an extension to respond to the request.

Illinois is expected to be the lawsuits' epicenter. Illinois laws are more favorable to victims than other states and allow attorneys from other states to work on claims in the jurisdiction. Also, both Abbott and Mead are situated in Chicago and cannot refuse to answer the lawsuits in the state.

Compensation Amounts Available in Toxic Baby Formula Lawsuits

The compensation amount to be awarded to victims and their families will vary from one claim to another.

Typically, the court will consider the factors below when determining the compensation amount:

  • Total medical expenses
  • Costs linked to the baby's ongoing care and rehabilitation
  • How the diagnosis has affected the child's quality of life
  • Mental anguish endured
  • Pain and suffering caused
  • Cost of the burial or funeral if the premature child died
  • Lost income due to time a primary caregiver took off to take care of the child
  • Future lost earnings

Families that require lifelong medical attention or lost their loved ones will receive more considerable settlement amounts.

Deadline for Filing Your NEC Causing Toxic Baby Formula Claim

A statute of limitations in a civil case is the deadline and timeline for bringing a lawsuit. The time frame ensures due process for the defendant. SOL is subject to state laws, and every state has its deadline.

If you fail to file the claim within the timeframe, you lose the right to seek compensation. The most effective way to ensure you do not miss the deadline is by retaining a qualified lawyer.

Find a Skilled Toxic Infant Formula Lawsuit Lawyer Near Me

Preemies are at a higher risk of diseases than non-premature children. Pediatricians and parents sometimes use other nutrition sources like cow milk-based formulas hoping the babies will boost their nutrition and gain weight. Regrettably, formulas by Similac and Enfamil have been associated with NEC and are currently the subject of the growing number of lawsuits in the United States. You could have a valid claim if your child was born after 1991 and suffered from the ailment in question after feeding on these toxic formulas. The skilled lawyers at Consumer Alert Now are currently accepting cases. We can evaluate your claim, assist you in exploring the available legal options and fight for the compensation you deserve. Do not hesitate to contact us at 800-511-0747 to schedule your initial free and confidential consultation.