Undoubtedly, the joy and love newborns bring to their parents and the entire family are unmeasurable. As they say, a newborn is indeed a blessing and should be adored and loved unconditionally. Even if your child is at the Neonatal Intensive Care Unit (NICU) because they were born prematurely, you expect doctors and nurses in charge to know what is suitable for them and what is not.

Although a cow-based baby formula can act as a substitute diet for a preterm baby, these products put your child at risk of developing intestinal health issues because their gut is undeveloped. One of these intestinal issues is a deadly disorder known as necrotizing enterocolitis (NEC).

When your newborn is diagnosed with this life-changing gut disorder after consuming a toxic baby formula product, all the joy and love you had in the family could suddenly turn into worries. Fortunately, you could qualify for a baby formula lawsuit against the maker of the toxic baby formula product your son or daughter was feeding before they were diagnosed with NEC.

Ensure you contact an attorney experienced in this area of law to know your legal options if your baby has developed the unthinkable after consuming a cow's milk-based baby formula

Understanding NEC in Preterm Babies

NEC is a severe bacterial infection that mostly affects the intestines of preterm or underweight babies. Typically, NEC happens when parts of your baby's large or small intestines become injured or inflamed, mostly due to bacteria from a cow's milk-based baby formula.

Because the baby's gut is still developing, this inflammation will eventually lead to the death of your baby's intestinal walls, allowing the bacteria and stool to flow in the abdomen. When that happens, your baby could develop severe health complications or even die.

Unfortunately, even if your baby fights NEC infection, they could be at risk of developing the following life-altering conditions:

  • Short bowel syndrome

  • Intestinal stricture

  • Abdominal infection

  • Growth and development delays

  • Digestive issues

Although the exact cause of this infection is unknown, several clinical and scientific studies show that a preterm baby is likely to develop NEC when consuming a cow's milk-based formula instead of their mother or donor's breast milk. A preterm baby feeding exclusively on a cow's milk-based formula can develop NEC within the first two (2) weeks after birth.

Fortunately, you could be eligible for damages when you file a product liability lawsuit against the maker of the cow's milk-based formula your baby was on before being diagnosed with NEC. Ensure you retain the services of a reliable product liability attorney without delay to know whether or not you have a viable baby formula lawsuit.

The Linkage Between NEC in Preterm Babies and Cow's Milk-Based Baby Formulas

For many years, makers of these cow's milk-based formulas have known or should beware that their products are toxic to premature babies. As mentioned above, several clinical and scientific studies have already proved the link btween NEC in premature babies and cow's milk-based baby formulas.

However, makers of these products continue to supply these toxic products to mothers and hospitals without warning them about the product's risk to a premature baby. Below are some of the research studies and publications showing the relationship between cow's milk-based baby formulas and NEC in premature infants:

Lancet Study

As early as 1990, a research study published in The Lancet found a relationship between NEC and bovine baby formula. According to this study, newborns feeding baby formula products are up to ten times more likely to develop NEC.

The Journal of Pediatric Study

Typically ten years later (the year 2000), another research study published by the Journal of Pediatrics revealed that a preterm baby is ninety percent (90%) less likely to suffer NEC when exclusively feeding on their mother's or donor's breast milk. In 2013, two more additional studies were published, providing more evidence to support this conclusion.

The U.S Surgeon General Report

According to a report published by Surgeon General (SG) in 2011, there is a higher risk of preterm infants developing NEC infection when they are formula-fed. In this same report, there was also a conclusion that a preterm baby is 138 percent more likely to develop NEC if they fail to breastfeed.

British Medical Journal Study

A recent research study published in the British Medical Journal in 2021 will add gas to the ongoing NEC lawsuit against the manufacturers of toxic baby formula products. According to this study, manufacturers of toxic baby formula products like Enfamil and Similac have funded unreliable and biased clinical product trials, ignoring the potential health risks of their cow's milk-based products on premies or preterm infants.

Although the exact cause of NEC in preterm babies is yet to be known, the above research studies and many others have revealed a relationship between a cow's milk-based baby formula and NEC in premature babies.

Giant Companies Behind Popular Cow's Milk-Based Baby Formula Products

It is worth noting that manufacturers or makers of these defective baby formula products are the defendants in the ongoing baby formula lawsuit. If your baby is diagnosed with NEC after feeding a milk-based baby formula product, any of the following companies could be the defendant in your lawsuit:

Abbott Laboratories Inc

Abbott Laboratories Inc is one of the companies that manufactures, designs, packages, labels, markets, and sells the most popular cow's milk-based baby formula products in the market right now, including Similac. If your toddler was feeding any of the following milk-based baby formula products before they suffered NEC, you could have a viable lawsuit against Abbott Laboratories:

  • Similac Neosure

  • Similac Special Care

  • Similac Liquid Protein Fortifier

  • Similac Alimentum

  • Similac Human Milk Fortifier

  • Similac Special Care 20

It is worth noting that the above products are not the only baby formula products that this company makes and sells. To know whether or not you have a viable claim against this company, you should discuss your case with a product liability attorney as soon as your baby is diagnosed with NEC.

Mead Johnson and Company LLC

Mead Johnson and Company LLC is another billion-dollar company that manufactures, designs, markets, packages, and sells some of the most known cow's milk-based baby formula several hospitals and parents feed newborns. Some of the most popular baby formula products manufactured by Mead Johnson and Company LLC include (but are not limited to):

  • Enfamil

  • Enfamil Premature 20 Cal

  • Enfacare powder

  • Enfamil Neuropro Enfacare

  • Enfamil Human Milk Fortifier

  • Enfamil 24 Cal Infant Formula

If your newborn was on any of the above products before they suffered NEC, you should talk to an attorney to understand whether or not you have a viable claim against the maker of the product.

Although these claims or lawsuits are currently independent, there is a high chance that these lawsuits will likely consolidate into a class action lawsuit to save resources and avoid time wastage. A class-action lawsuit is typically a type of lawsuit where several people with the same injuries or claims against the same defendant can seek compensation as a group.

Allegations Against Similac and Enfamil Baby Formula Manufacturers

According to product liability law, every manufacturer has the legal responsibility of ensuring their products are safe before they reach the hands of a consumer. That means every manufacturer is strictly liable for any injuries a consumer suffers after using their products.

To that end, when your baby is diagnosed with NEC infection after consuming a toxic baby formula, the product manufacturer should be liable for your damages and the baby's suffering. With the available research studies and publications showing that a cow's milk-based formula is dangerous to a premature baby, Abbott Laboratories and Mead Johnson and Company should beware that their products can cause NEC in premature babies.

However, over 30 years later, these companies are still manufacturing and selling these products to hospitals and parents without disclosing the possible risks associated with their formulas. Many consumers filing baby formula lawsuits are alleging that:

  • These companies are downplaying the possible risks of their products on premature babies to maximize their profits.

  • These companies should provide a warning on each bottle of their baby formula product to inform consumers of the likelihood of a premature baby suffering NEC when they feed the formula

  • These companies knowingly marketed and sold these products as a safe and reliable diet for premature babies

  • These companies should provide proper guidelines and instructions on how to feed their product to a newborn to avoid NEC

The Deadline for Filing a Baby Formula Lawsuit

As mentioned earlier, if your baby is diagnosed with NEC after feeding a toxic baby formula product, you could have a viable lawsuit against the product maker. However, you have to file your product liability lawsuit before the expiration of the deadline for doing so.

This deadline is known as the statute of limitations, and it sets a time limit that a plaintiff can seek damages from the at-fault party after sustaining an injury. Since this time limit will depend on your current location in the country, it is vital to speak to an attorney as soon as your child is diagnosed with NEC. Your attorney will know the time limit for filing a product liability lawsuit in your state.

For instance, in Florida, you have up to four years from the date your baby was diagnosed with NEC to file a product liability lawsuit against the maker of the product your baby was feeding. However, sadly if your baby dies due to NEC complications after feeding a toxic baby formula, you will have up to two (2) years to file a wrongful death claim against the liable party.

The legal justice system is stringent when it comes to these deadlines. When you fail to make your claim on time, you could lose your chance of obtaining the compensation you deserve and need for your baby's injury and suffering.

Potential Damages in the Ongoing Similac and Enfamil Product Liability Lawsuits

Although no plaintiff or parent has received a settlement or verdict on these lawsuits yet, you should expect adequate financial compensation for the following types of losses when everything turns out in your favor:

  • Medical expenses

  • Pain and suffering

  • Emotional distress

  • Lost income (for all the income and bonuses you could have earned if you did not take a break from work to look after your sick baby)

  • Funeral and burial costs (if your baby has sadly succumbed to death due to NEC-related complications)

What to Consider When Looking for an NEC Attorney

When looking for an attorney to represent your interest in the ongoing product liability lawsuits against the maker of Enfamil and Similac baby formula products, you should focus on finding an attorney with:

  • Significant experience in product liability cases – Undoubtedly, an experienced attorney is more likely to win your case than an attorney without experience because they are familiar with court procedures and the type of evidence judges expect in these types of cases

  • A record of achieving utmost compensation awards for their clients – Apart from the attorney's experience, reputation is another crucial factor to consider when looking for an NEC lawyer. Hire an attorney with a history of winning the utmost settlement or compensation awards possible for their clients

  • Nationwide availability – Since these defective cow's milk-based baby formula products affect many consumers across the country, you should find an attorney who is ready to take your case wherever you are in the country

  • Obligation-free consultations – You do not have to pay for your first consultation with an attorney. A reliable attorney will be ready to offer their clients a cost-free initial case evaluation to help them understand the steps to take henceforth

Find a Similac and Enfamil NEC Attorney Near Me

If you need legal help pursuing compensation and the justice you deserve when your baby suffers NEC-related complications or dies due to toxic baby formula, attorneys at Consumer Alert Now are here for you.

We invite you to call us at 800-511-0747 for an obligation-free initial case evaluation wherever you are in the country. We will be happy to represent you as much as we can to hold the maker of the product your baby was feeding accountable for their injury and other losses associated with the injury, including possible future treatment costs.