Each year, one out of every ten babies in the United States is born preterm. This translates to over 400,000 premature infants born every year, most of whom are usually underweight and are prone to having feeding difficulties, especially when it comes to breastfeeding. Premature baby formula products like Similac, which is sold by Abbott Laboratories as the number one premature baby formula product, are intended to be a lifeline for preterm babies and their parents, assisting them in gaining weight and getting the nourishment they need to grow in those crucial first months of their lives.

However, researchers have found a possibly life-threatening relationship between cow-based formulas like Similac and necrotizing enterocolitis (NEC), a condition that affects the baby's intestines. Countless Similac infant formula cases have been filed as proof against Abbott Laboratories, seeking justice for families of infants who have been afflicted by NEC.

Are there Lawsuits Against Similac and Abbott Laboratories?

Yes, Similac litigations are being filed on behalf of families of preterm infants who developed necrotizing enterocolitis (NEC) after they were fed cow's milk-based infant formulas or breast milk fortifiers.

If your premature baby was diagnosed with this severe gastrointestinal condition while at the neonatal intensive care unit, hospital, or briefly after being discharged, you could be eligible to collect financial compensation through a Similac formula civil suit against Similac's manufacturer, Abbott Laboratories. NEC is a severe gastrointestinal condition that can occur unexpectedly while your infant is in the NICU, hospitalized, or shortly after discharge. It often results in surgery, permanent disability, and sometimes wrongful death.

Similac Premature Baby Formulas Involved in the NEC Lawsuits

The following are infant formulas that are involved in the lawsuits. This list is not exhaustive:

  • Similac Special Care Premature 24 calorie
  • Similac Special Care Premature 20 calorie
  • Similac Special Care Premature 30 calorie
  • Similac NeoSure
  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier

Why Should I Sue Similac for NEC?

Even though Abbott Laboratories recognized or ought to have recognized that Similac induces NEC in premature infants, formulations of these cow's milk-based formulations were sold to medical facilities, doctors, and parents of premature infants as effective and safe.

Abbott Laboratories did have a responsibility as the manufacturer of Similac to conduct appropriate research into the quality of their infant formula and give sufficient caution about the possible Similac NEC threat. However, complaints claim that the firm has prioritized profits over the health of premature infants by disregarding years of medical knowledge and promoting Similac infant formulas for premature infants.

Similac's NEC is a life-threatening condition that frequently necessitates emergency surgeries or results in a baby's death. If a baby survives a Similac-induced NEC diagnosis, it could experience long-term health problems and require lifelong care.

Many parents could have prevented the loss of their children or significant hospital bills if Abbott Laboratories had given correct details about the connection between the Similac infant formulas and NEC for preterm babies. They wouldn't have been compelled to file Similac lawsuits.

A Similac infant formula NEC settlement could provide compensatory damages and benefits.

Is Similac to Blame for NEC?

According to years of studies, premature infants who are given Similac or any other cow's milk infant formula have a far higher risk of developing NEC than those who are provided breast milk.

Premature newborns born at or above 30 weeks could be twenty times more prone to suffering from NEC than infants fed human breast milk, according to a study conducted in The Lancet in 1990.

Researchers cautioned at the time that the increased use of infant formula in the Neonatal Intensive Care Unit could be leading to hundreds of additional instances of NEC every year, with one out of every five infants succumbing to the disease.

When intestinal tissues become irritated or die immediately after premature newborns are administered the cow's milk baby formula, it could be the source of the NEC infection in premature infants. These issues can quickly escalate from minor feeding issues to life-threatening illnesses, surgical operations, and, in some cases, wrongful death.

How Do You Know If Your Baby Has NEC Caused by Similac?

The majority of symptoms associated with NEC diagnosis from Similac appear after days of being fed the infant formula. The most visible indication is abdominal swelling, also called abdominal distension, which might be mistaken for bloating.

Other symptoms of Similac NEC include:

  • Feeding problems
  • Vomiting, particularly bile-containing green or yellow vomit
  • Red, swollen, or painful abdomen
  • Severe diarrhea
  • Bloody stools
  • Lowered peripheral perfusion
  • Lowered bowel sounds
  • Constipation and prolonged gastric emptying
  • Apnea
  • Lethargy
  • Low or fluctuating body temperatures
  • Decelerated heart rate, also known as bradycardia
  • The collapse of the cardiovascular system in the advanced stages
  • Low blood pressure or hypotension
  • Erythema of the abdominal wall in the advanced stages
  • Shock, in the advanced stages of NEC

Long-term Effects of NEC Diagnosis

Many newborns do not survive NEC diagnosis caused by Similac infant formulas, and the families of those children may be qualified to file a wrongful death claim. Parents of babies who had invasive NEC procedures after being fed Similac at the NICU or while at the hospital, on the other hand, are frequently left with long-term problems that necessitate extensive therapy and care.

Intestinal scars and adhesions after gut resection may necessitate NEC invasive operations or treatments in children. In some circumstances, the baby may need intravenous feedings or even a colostomy for the rest of their lives.

Additional long-term consequences associated with NEC diagnosis caused by Similac include:

  • Delay in neurodevelopment
  • Cholestasis
  • Problems with the digestive system
  • Irritable bowel syndrome (IBS)
  • Inability to thrive
  • Failure of the intestines
  • Bowel adhesions and strictures

Does Similac Human Milk Fortifier Cause NEC?

Similac breast milk fortifier is essentially a cow's milk-based supplement that has been associated with NEC in preterm babies in Similac cases filed by parents across the country.

Similac Fortifier was created by Abbott Laboratories in response to a movement in the healthcare world toward a mother's milk-only diet for premature babies, which was affecting the revenue of their bestselling brands.

Although the labels of Similac fortifier products make it appear as if they are made from human milk, they are made from cow's milk and could pose the same NEC dangers as the Similac NeoSure and other Similac Preterm Baby Formulas.

Why Abbott Laboratories Did Not Warn About the Problems with NEC and Similac

Despite Abbott Laboratories' active promotion of Similac through medical institutions and physicians, little knowledge about the connection between Similac infant formulas and NEC for preterm babies has been released.

Infants born prematurely need special nutrition to thrive at a normal rate. These nutrition strategies may include mother's milk, donor's milk (milk supplied by another breastfeeding mother), or non-milk cow-based supplementary formula. Because human breast milk is easily digestible, these are regarded as the safest options for premature infants. Human milk also has chemicals and good bacteria that assist newborns' intestines in growing and protecting against infection.

Abbott Laboratories created and distributed a particular Similac infant formula to be used by premature babies who were at risk, advertising the formula as harmless and beneficial. For this reason, hospitals and doctors frequently offer Similac infant formulas as a human milk substitute or to supplement breast milk. Unfortunately, this was mostly due to the maker's failure to disclose facts and inaccurate or misleading representations made to the healthcare world.

Despite decades of study and research showing the connection between NEC and cow's milk infant formula, Similac's claims assert that the precautions remained unduly vague and unclear. Extremely low birth weight babies are "prone to gastrointestinal problems," according to Similac Special Care cautions, as well as other label material, suggesting that feeding of the infant formula should be started with caution.

However, doctors and parents were left with insufficient information because the Similac warnings never mentioned that the infant formula greatly increased the likelihood of developing NEC and mortality in premature babies.

Is Similac Approved By The FDA?

Baby formulas are not approved by the FDA before being sold to medical facilities, physicians, and parents. All infant formula sold in the United States must nevertheless fulfill federal nutrient standards, and producers should alert the FDA before releasing a new formulation.

Most premature baby formulas are classified as exempt baby formulas. They are formulas designed for babies with metabolic disorders or low birth weights, as well as those with other special medical or nutritional issues.

Certain standards, protocols, and procedures must always be followed before a company can manufacture and promote a new exempt baby formula. The FDA gives guidance on these production and promotional standards and protocols.

Did Doctors Know About the Risks Associated with Similac Infant Formulas?

Similac, as well as other baby formula manufacturers, have spent years launching elaborate and intense marketing campaigns aimed at medical practitioners and families. Similac was marketed as a safe replacement for breast milk, causing doctors to assume that it was appropriate to use it on premature babies.

According to advertisements and product labels, Similac claims to boost an infant's weight and calorie intake, implying that the infant formula is excellent for premature infants. Similac has been advertised as essential for premature babies in some cases, providing the extra nourishment and development they require to acquire weight before being discharged.

Medical professionals could have reasonably trusted Abbott Laboratories' precautions, recommendations, and studies. On the other hand, Similac suits, on the other hand, claim that the company ignored and withheld years of significant medical evidence demonstrating the risks that cow's milk-based formulas pose to preterm infants.

According to studies and medical professionals, human breast milk is now generally recommended for premature babies since it has been linked to a considerable reduction in the rate of NEC. Abbott Laboratories, on the other hand, continues to market Similac for preemies without effectively reporting this knowledge.

Have Similac Baby Formulas Been Recalled?

There have not been any Similac recalls issued because of the threat NEC poses to premature infants. In 2010, Similac units were recalled after it was revealed that the infant formula had been contaminated with bugs.

After the recall, several Similac class action suits were launched, claiming that Abbott Laboratories neglected to implement necessary quality control strategies to ensure that Similac infant formula was healthy and devoid of bugs.

In 2010, Iowa's former Senator, Tom Harkin, also inquired about the Similac concerns in a statement to the manufacturers, Abbott Laboratories, asking if the manufacturer was aware that the Food and drug administration had been hearing reports about Similac being polluted with insects before the mass recall.

The charges in the Similac recall lawsuits have nothing to do with the claims made by families of newborns who have had NEC, and there's no sign that Abbott Laboratories would initiate a Similac preterm infant formula recall.

Compensation From Similac Lawsuits Could Be Available

Similac settlement compensation could be available for you and your family if your infant was born prematurely, was administered Similac formula while still in the Neonatal Intensive Care Unit (NICU), and was later diagnosed with NEC. Your lawyers will file a Similac case to obtain compensatory damages for: 

  • Wrongful death
  • Bills from the hospital as well as NEC treatments;
  • Treatment, medical supplies, and care that a child will require for the rest of his or her life
  • Daycare services
  • Therapy and assistance for you as well as your family

Is Similac a Class Action or a Mass Tort Lawsuit Lawsuit?

Similac litigation is still in the early stages, as previously stated. Some lawsuits have proceeded to the pre-trial stage in court, but most are still at the level where Similac formula attorneys are collecting information and urging more families to step forward to start their claims.

However, because of the possibility of a significant number of claims throughout the United States, the Similac lawsuits are likely to be merged into multidistrict litigation (MDL). An MDL is a sort of mass tort litigation that is designed to simplify complex legal cases to improve court efficiency. In effect, an MDL can bring together all (or nearly all) of the infant formula litigation, enabling resource pooling (evidence) and increased efficiency.

The latter recognizes the merged lawsuits as a single matter and compensates all claimants equally. Even though an MDL merges the cases, every claimant is dealt with independently. This is critical when determining the level of compensation granted, as every case is evaluated individually.

Damages in NEC Baby Formula Lawsuits

Because no settlement deals or jury trials are available publicly, it's difficult to place a price on these lawsuits. However, the following are the most common types of compensation sought by claimants in baby formula lawsuits:

Compensation for the Parents and the Injured Child

When an infant is hurt by NEC, both the infant and his or her parents are harmed. The following discussion concentrates mostly on the infant's compensation options. Parents or guardians can usually seek their injury claims (also known as "consequential damages") either as part of their baby's action or as a different lawsuit.

Medical Care Costs

Defendants who win or resolve their cases seek payment for any healthcare they received as a result of the NEC, whether it was provided in the past, is currently being provided, or will be provided in the future.

Suffering and Pain

Plaintiffs are also seeking damages for "suffering and pain" (physiological and emotional) resulting from NEC-related damages and treatment. Emotional anguish, the lost pleasure of living, fear, rage, worry, as well as other negative repercussions, are all examples of mental pain and misery.

Income Loss and Loss of Earning Capacity

Plaintiffs are seeking monetary damages for lost wages and decreased earning ability. Families who took months off from work to care for their babies, for example, can seek compensation for their lost earnings. A child who suffers from a lasting impairment as a result of the NEC will seek compensation for lost potential earnings.

Loss of Companionship

In some jurisdictions, parents can seek compensation for "loss of consortium," or payment for the emotional benefits like nurturing, care, and affection provided by the injured infant to the family. Traditionally, only a man had the right to litigate if his wife's duties, emotional and physical care, and comfort were interfered with. However, an increasing number of jurisdictions allow parents to collect loss of consortium compensation when their child is gravely injured or incapacitated.

Wrongful Death and Survival Actions

When an infant passes away from NEC, wrongful death, as well as survival policies, enables victims to obtain compensatory damages such as burial and funeral costs, the deceased person's pre-death suffering, healthcare treatment charges before death, and possibly a fraction of the dead person's future revenues, among other things.

Find a Similac Lawsuit Attorney Near Me

If your premature infant was hurt or died as a result of NEC induced by baby formula, you will require the assistance of legal professionals who know how to hold huge businesses liable. At Consumer Alert Now, we will show you how to locate and join a class-action lawsuit in your area. Call us at 800-511-0747 right now. We provide our services to individuals all around the country who have been harmed by harmful products so that the manufacturers can be held accountable for their actions.