Premature babies are those babies born early and with low birth weight. Often, these babies require extra attention and nutrition to boost their development. This is why most doctors and nurses recommend that these infants be put on a formula based on cow milk. Putting a preterm baby on formula is a normal choice but no one expects any problems to arise. 

Unfortunately, this is not the case. Recent studies have shown that infant formula made from cow milk has been linked to the development of necrotizing enterocolitis, which is a deadly gastrointestinal condition. Manufacturers of the baby formula are responsible for warning the consumers about the risk associated with their product but have failed to do so. Therefore, you can file a lawsuit or join a mass tort against them to recover compensation for your losses if your preterm baby suffered from this condition due to consuming the infant baby formula.

Why Are Parents Filing Lawsuits Aganisit Baby Formula Manufacturers?

Parents are filing claims against the manufacturers of Similac and Enfamil claiming that they knew of the toxic nature of their baby formula and the risk of causing necrotizing enterocolitis in premature babies.

Necrotizing enterocolitis is a severe gastric condition that causes decay and death of intestinal tissue. When an infant suffers from this condition, their intestinal tissues will be inflamed, causing perforation of the intestinal walls. This will result in a leakage of the intestinal bacteria into other abdominal parts or even the blood. Necrotizing enterocolitis has been known to cause serious and fatal blood infections.

A study conducted in 1990 by Lancet revealed children fed on the infant formula were ten times more likely to suffer from NEC. There have been other studies that linked the formula to this condition and resulted in lawsuits against the manufacturers. Some of the brands of baby formula that were mentioned in the lawsuits include:

  • Similac NeoSure

  • Similac Alimentum Expert Care

  • Similac Special Care

  • Similac Alimentum

  • Enfamil Human Milk Fortifying Power

  • Invacare Powder

  • Enfamil Neuropro Enfacare

According to the baby formula lawsuits, Abbott Laboratories and Mead Johnson did not warn consumers about necrotizing enterocolitis as a side effect of their product. Also, the companies marketed the product as beneficial and safe for use in premature babies despite the increased risk it posed to these children. When coming with a product that is to be released into the market, manufacturers must carry out extensive research on the safety of their product. The lawsuits alleged that the manufacturers must have found the side effects during their research and failed to warn.

Families are suing the manufacturer of Enfamil and Similac for the emotional distress and financial loss resulting from the injuries or even death of their babies.

Who is Eligible for The Baby Formula Claim?

If you have had a preemie who suffered from NEC after feeding on Enfamil or Similac baby formula, you can bring a lawsuit to seek compensation. If your baby develops NEC and you did not use it, they were likely fed on the formula in the hospital. If you purchased the baby formula for your reterm baby, you should keep the receipts and boxes of the products. This will prove that you used the product when you sued the manufacturers.

Lawsuits Filed Against Enfamil and Similac

The lawsuits that have been filed as of date have alleged that the cow milk-based formula is directly linked to the development of necrotizing enterocolitis in premature babies. Premature babies have an underdeveloped digestive system and will be more susceptible to this gastrointestinal disease. Further, the lawsuits against the baby formula alleged that the babies who consumed this product suffered serious long-term medical complications and death.

In the recent lawsuits filed in Wisconsin, Illinois, and Ohio, the plaintiffs claim that the baby formula manufacturers knew of the danger the product presented for the preterm babies but did not do anything to protect them. Additionally, these companies marketed their property aggressively and did not indicate the side effects on their labels.

Each state has a deadline for filing a lawsuit against defective products. If you file a lawsuit after the statute of limitation has expired, you will likely lose your right to compensation. If you believe that your child suffered NEC after feeding on infant formula, you should contact an attorney to help you assess your case and guide you through the process of filing a claim on time.

Has the Baby Formula Been Recalled?

Even after all the studies have shown the negative effects of this product, there is no recall for Similac and Enfamil for causing NEC. However, some stores have made isolated recalls when mothers reported instances of contamination in the formula. In another case, some babies suffered a bacterial infection after consuming Enfamil. Although the Food and Drug Association tested the baby formula and determined that it was safe, they did not address the allegations regarding necrotizing enterocolitis.

Joining a Mass tort for Baby Formula

A mass tort is a lawsuit made of several plaintiffs filing a claim against common defendants. All individuals forming a mass tort must have suffered injuries or losses from the plaintiff’s negligence. Mass tort lawsuits are being filed against Similac and Enfamil to recover the funds needed for surgical treatment and cover the pain and suffering of parents of infants suffering from NEC. With the help of a competent attorney, you can check whether you qualify to join the mass tort so you can recover your losses.

Seek Legal Guidance Near Me

When a baby is born prematurely, the event can be filled with stress and fear. Since premature babies are not well developed, doctors recommended that they be supplemented with infant formula. One of the most common types of infant formula is modified cow’s milk produced by companies such as Similac and Enfamil. Before releasing a product for public use, companies must test the product and warn the consumers of potential side effects that these companies have failed to do.

Parents whose babies have suffered from necrotizing enterocolitis after consuming the cow’s milk-based baby formula are filing baby formula lawsuits against the manufacturers of the product. If your child has suffered an injury or death related to necrotizing enterocolitis after consuming cow milk formula, a skilled defective product attorney can help you build a claim. At Consumer alert now, we will help you understand more about the baby formula lawsuits and your eligibility to join a mass tort for the product. Also, we can connect you with top-notch attorneys who are experienced in this field to guide you through your lawsuit. Call us today 800-511-0747 at to discuss your situation.