Similac is a popular brand of infant formula made from cow milk and given to premature babies as a substitute for human milk. Medical research has established that feeding premature babies on formula increases their chances of developing necrotizing enterocolitis. NEC is a serious bacterial infection that causes rapid decay and death of the cells and tissues on the intestinal walls of the infant. 

NEC originates from the inner lining of the intestinal walls and eventually spreads to the other parts of the digestive system. The cases of NEC range in severity, and severe conditions could cause the baby’s death. Due to the injuries or death resulting from the use of Similac infant formula, many parents have filed lawsuits against Abbott Laboratories, which manufactures and sells the product. Having your premature baby diagnosed with NEC can be challenging, especially since these infants are very delicate. Fortunately, you can recover compensation for the injuries or death of your baby by filing a claim or joining a mass tort against Abbott laboratories.

Similac NEC Lawsuit Allowed to Proceed

In October of 2020, a complaint was brought by the family of Peterson in the United States. Peterson was born prematurely and spent the first three months of his life in the Neonatal Intensive Care Unit of Yale-New Haven Hospital. According to the family’s report, the child developed necrotizing enterocolitis after being fed Similac Human milk, Similac Special Care, and Similac NeoSure. These products are made from modified cow’s milk and were fed to the child while at the hospital.

The lawsuit was based on Abbotts:

  • Negligence. Negligence is the reckless disregard for the safety of other people. Since the baby formulas are meant to be used on a vulnerable group of individuals, the manufacturers were responsible for producing a safe product. By ignoring all the studies and results indicating the possibility of NEC from their formulas, Abbott Laboratories still went ahead to produce and market the product.
  • Negligent Misrepresentation. Negligent misrepresentation occurs when someone makes a statement without regard to the facts. When the manufacturers of Similac are marketing their product, they indirectly provide untrue information by claiming that the product was beneficial and safe for consumption by infants. Since the parents relied on that information to purchase the product, negligent misrepresentation was named as a basis to sue the manufacturer.
  • Failure to warn. The plaintiffs alleged that the manufacturers of Similac knew that the product was unsafe but did not indicate that information in the labels. Manufacturers have a liability to indicator not only the benefits of their products but also the side effects. This allows buyers to make informed decisions when purchasing and using the products.
  • Breach of express warranty. Breach of warranty is the violation of an implied contract. Often the breach of warranty occurs when the warrantor does not provide the assurance warranted. Abbott manufacturers portray the infant formulas as safe and assure their buyers of the quality. However, since research has shown that these formulas are toxic and harmful to infants, their actions are considered a breach of warranty.

Necrotizing enterocolitis is a severe intestinal condition common among preemies. NEC causes inflammation and death of the intestinal tissues. In mild cases, NEC causes stomach pain and discomfort. However, when the infection progresses, it can result in devastating injuries or even death of the infant. Several studies have indicated that baby formula increases the risk of developing necrotizing enterocolitis.

Cow’s milk has a high concentration of bacteria that is too complex for the premature baby to digest. The strain to digest the milk-based products could cause inflammation in the intestines. Also, holes could develop in the intestine walls causing bacteria from the intestines to move to the abdominal cavity and cause a severe blood infection.

After the initial lawsuit, Abbott laboratories faced an increased number of NEC lawsuits, yet they continued to distribute and market their products without providing adequate warnings. As a response to the claim filed by the parents of Aries Peterson, Abbott Laboratories sought to dismiss the lawsuit, alleging that the allegations were inflammatory and scandalous. 

The district judge presiding over the case agreed to dismiss the claims of intentional misrepresentation, breach of warranty, and negligent misrepresentation. However, the court allowed the claims on design defects, negligence, and failure to warn to stick. Also, the judge indicated two questions of the State law on:

  • whether the failure to warn applies in these cases
  • Whether the law recognizes the cause of action for loss of consortium for parents.

Similac Mass Tort

A mass tort is a legal action involving a group of individuals who sue a common defendant. People sharing a mass tort must have common interests and have suffered a similar fate. Regardless of the extent of your damage, joining mass tort guarantees that you will receive compensation.

The parents of children who developed NEC after being fed on Similac are taking legal action against the companies for failing to warn them about the dangers associated with their baby formula. If your premature baby develops NEC or dies due to the condition, you need to consider joining a mass tort to seek compensation for your losses.

Find Expert Legal Guidance Near Me

Although the baby formula is meant to be safe and beneficial for infants, this is not always the case. Studies have shown that Similac baby formula increases the risk of necrotizing enterocolitis in premature babies. This has prompted parents to file lawsuits against the products. The lawsuits allege that the manufacturers of this product knew of the dangers it posed to the children and still marketed it as safe. As the volume of NEC lawsuits grows, all the pending lawsuits in federal court are likely to be consolidated into multidistrict litigation.

The MDLs consolidate the lawsuits at the pretrial phase allowing the plaintiffs to recover compensation for their losses. If you wish to file a lawsuit against Abbott Laboratories or join a mass tort against them, you will need expert guidance. At Consumer Alert Now, we are dedicated to connecting you with the right legal team who will guide you towards joining the proper mass tort. Call us today at 800-511-0747.