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Toxic Baby Formula NEC Lawsuit [November 2024 Update] | Similac and Enfamil NEC Baby Formula Lawsuits

Usee the chatbot on this page to find out if you qualify for the NEC Lawsuit instantly.

Contact our NEC Baby Formula Lawyers for a free consultation.

Key takeaways:

  • This page discusses the link between toxic baby formula and Necrotizing Enterocolitis (NEC) — a severe intestinal condition in premature infants.

  • Parents and guardians are filing lawsuits against baby formula manufacturers, alleging that the formulas increase the risk of NEC and companies failed to warn about this risk.

  • TorHoerman Law is actively investigating these claims and offering free consultations for affected families.

Most Recent Updates:

  • A Missouri jury has awarded $495 million in damages for the second NEC bellwether trial, a case tried by Jake Plattenberger of TorHoerman Law.

  • The verdict includes $95 million in compensatory damages and $400 million in punitive damages, with the jury finding Abbott liable on claims of negligent design, failure to warn, and strict liability.

  • This landmark case underscores TorHoerman Law's commitment to seeking justice for families affected by corporate negligence.

Toxic Baby Formula NEC Lawsuit Overview

Toxic Baby Formula NEC Lawsuit claims allege cow’s milk-based formulas increase NEC risk in premature infants.

Abbott and Mead Johnson face baby formula NEC lawsuits for failing to warn about dangers of Similac and Enfamil.

NEC lawsuits seek compensation for NEC injuries and deaths.

On this page, we’ll discuss the Toxic Baby Formula NEC Lawsuit, recent developments in the Infant Formula NEC Lawsuits filed against baby formula makers, the increased risk of NEC and potentially severe health complications potentially linked to toxic baby formula, hiring a NEC Baby Formula Lawyer, and much more.

TorHoerman Law — NEC Baby Formula Lawyers

Major infant formula companies are facing lawsuits from parents who claim that cow’s milk based formulas increase the risk of necrotizing enterocolitis (NEC) in premature infants and low birth weight babies.

The NEC Lawsuits target Abbott Laboratories and Mead Johnson & Company, the manufacturers of Similac Infant Formula and Enfamil Infant Formula respectively.

Lawsuits against formula manufacturers are being filed in both state and federal courts, with the NEC Formula MDL centralized in the U.S. District Court for the Northern District of Illinois.

Recent NEC Lawsuit trials have made national news, with baby formula manufacturers being ordered to pay hundreds of millions of dollars.

TorHoerman Law was lead counsel on the Toxic Baby Formula NEC Lawsuit trial that concluded on July 26th, 2024, obtaining a landmark verdict of $495 million.

In this case, our NEC Lawyers represented to the mother of a young girl who developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula.

Baby Formula NEC Lawsuit; NEC Baby Formula Lawsuit
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Our NEC Baby Formula Lawyers are accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

NEC can have lifelong impacts on a baby’s health, including chronic digestive issues, developmental delays, and the need for long-term medical care.

This disease is potentially fatal, and severe cases often lead to life-threatening health complications.

Families affected by NEC have endured immense emotional and financial stress, facing challenges of intensive medical treatment and ongoing medical care for their children.

Our NEC lawyers understand these hardships and we are dedicated to providing compassion support to families seeking legal action.

Please reach out to us with any questions you may have about the NEC Lawsuit. We’re here to help you.

Table of Contents
Baby Formula NEC Lawsuit; NEC Baby Formula Lawsuit

Lawsuit Updates

November 3, 2024

The NEC Lawsuit is ongoing. 

The ongoing legal battle over necrotizing enterocolitis (NEC) has intensified as hundreds of parents pursue accountability from Abbott Laboratories and Mead Johnson Nutrition, makers of cow’s milk-based formulas commonly used to supplement feeding for preterm infants.

NEC is a severe, often fatal intestinal disease primarily affecting preterm babies with underdeveloped digestive systems.

NEC Infant Formula Lawsuits allege that the companies failed to provide adequate warnings about NEC risks associated with their products, a concern that has led to heightened public scrutiny and two high-profile verdicts against the formula makers.

Tor Hoerman, our founder, is an advocate for families who have been devastated by NEC, representing hundreds of clients whose children developed NEC after being fed cow’s milk formula.

Abbott and Mead Johnson are well aware that their cow’s milk-based formula increases the risk of NEC in premature babies,” Hoerman said. “As long as they continue to mislead parents about the risk profile of their products, we’ll continue to meet them in courtrooms to ensure parents can make an informed decision about what to feed their child.

To date, more than 670 lawsuits are active in federal court in Chicago, with additional cases filed in state courts nationwide.

In two significant verdicts, courts awarded $495 million and $60 million against Abbott and Mead Johnson, respectively, after finding that the companies did not properly disclose NEC risks.

TorHoerman Law was lead counsel on the case which resulted in a $495 million verdict against Abbott Laboratories.

However, in a recent St. Louis case, jurors did not hold the companies liable, underscoring the ongoing debate over the science and regulatory responsibilities surrounding preterm infant formulas.

Research continues to suggest that feeding preterm infants mother’s milk or donor breast milk can significantly reduce NEC risk.

However, donated breast milk remains limited in availability, and many hospitals still rely on cow’s milk-based formulas, particularly when a mother’s milk supply is insufficient.

While legal and regulatory solutions develop, some hospitals are already implementing changes.

Mount Sinai Hospital in Chicago, for example, has restricted the use of formula in favor of mother’s or donor milk for infants born before 32 weeks or weighing under 1,500 grams.

This practice has been associated with a dramatic reduction in NEC cases, highlighting the potential impact of dietary choices on preterm infants’ health.

The outcomes of these cases may influence future labeling requirements and regulations on infant formulas.

In the meantime, families and advocates remain committed to seeking justice and informed choice for parents facing the challenges of preterm birth.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

November 3, 2024
November 1, 2024

The NEC Lawsuit is ongoing. 

The NEC Baby Formula Lawsuit addresses claims that certain infant formulas, when fed to premature babies, have led to necrotizing enterocolitis (NEC), a serious gastrointestinal condition.

Plaintiffs argue that manufacturers failed to warn parents and healthcare providers of the increased risk of NEC in premature infants consuming cow’s milk-based formulas.

In October, there were 598 cases filed in connection with NEC-related claims, increasing to 624 cases in November, an addition of 26 new filings.

This steady rise indicates growing awareness among affected families about the potential dangers associated with specific baby formulas.

NEC is a life-threatening condition that can cause inflammation and death of intestinal tissue, particularly affecting vulnerable premature infants, leading to long-term health challenges.

Additionally, the third NEC trial in St. Louis has resulted in a defense verdict.

This trial is outside the MDL mentioned in this update, but still implicates the ongoing NEC Lawsuits filed across the country.

In the second NEC trial, TorHoerman Law secured a $495 million verdict against Abbott Laboratories in July 2024.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

November 1, 2024

Overview of the NEC Baby Formula Lawsuits

Premature childbirth can bring significant stress and uncertainty.

For a premature baby, there is no room for error in ensuring their health and growth, and this is especially true in regards to a premature infant’s nutrition.

While formula feeding is common and recommended by many hospitals and medical professionals, cow milk based formulas may increase the risk of necrotizing enterocolitis (NEC), a serious gastrointestinal disease in premature infants and low birth weight babies.

NEC causes inflammation and bacterial infection in the intestines, which can lead to tissue death and intestinal perforation.

This condition can result in severe health complications, including lifelong digestive issues and, in some cases, can be fatal.

NEC Baby Formula Lawsuit, Baby Formula and NEC

Studies have shown that bovine-based formulas led to an increased risk of developing NEC when compared to preterm infants fed human breast milk based baby formula or who were exclusively breastfed.

Similac (manufactured by Abbott) and Enfamil (manufactured by Mead Johnson) are two widely used bovine milk-based formulas associated with a higher risk of NEC.

Both manufacturers are named in NEC Formula Lawsuits, with parents alleging that these products increased the risk for their premature babies to develop the gastrointestinal disease and risk were not presented on warning labels.

Recent trial results, including a $60 million verdict against Mead Johnson and a $495 million verdict against Abbott (of which THL was lead counsel), could heavily influence future developments in the NEC Lawsuits.

The NEC Baby Formula Lawyers at TorHoerman Law are accepting new cases.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact us today for a free consultation.

You can also use the chatbot on this page for an instant case evaluation to find out if you’re eligible to file an NEC Baby Formula Lawsuit today.

What is the NEC Infant Formula MDL?

The NEC Infant Formula MDL (multidistrict litigation) consolidates numerous lawsuits filed against Abbott Laboratories and Mead Johnson & Company, the manufacturers of Similac and Enfamil premature infant formulas respectively.

These cases are centralized in the U.S. District Court for the Northern District of Illinois under Judge Rebecca R. Pallmeyer.

The MDL seeks to streamline pretrial proceedings for claims that these companies’ cow’s milk-based formulas caused necrotizing enterocolitis (NEC) in premature infants.

Plaintiffs allege that the manufacturers failed to warn about the risks of NEC associated with their products.

This consolidation aims to improve efficiency and consistency in handling the numerous similar cases.

In addition to the MDL, similar NEC Lawsuits have been filed in state courts across the country.

These state trials (in Illinois and Missouri) have also resulted in significant verdicts.

What Baby Formula Brands are Included in NEC Lawsuits?

Many of the formulas administered in hospitals contain cow’s milk and can potentially be harmful to premature babies.

For now, only Similac and Enfamil Formula have been named in lawsuits (see our Similac Lawsuit and Enfamil Lawsuit pages for more information).

Similac and Enfamil cow milk formulas named in the NEC Infant Formula Litigation include the following:

Similac Baby Formulas

  • Similac Alimentum
    • Similac Alimentum Expert Care
  • Similac Special Care
    • Special Care 30
    • Special Care 24
    • Special care 24 High Protein
    • Special Care 20
  • Similac Human Milk Fortifier
    • Similac Human Milk Fortifier Hydrolyzed Protein – Concentrated Liquid
    • Similac Human Milk Fortifier Powder
  • Similac Liquid Protein Fortifier

Enfamil Baby Formulas

  • Enfamil Human Milk Fortifier Powder
    • Human Milk Fortifier Liquid High Protein
    • Human Milk Fortifier Liquid Standard Protein
    • Human Milk Fortifier Acidified Liquid
  • Enfamil NeuroPro Enfacare
  • Enfamil Premature
    • 20 Cal
    • 24 Cal
    • 24 Cal/fl oz HP
    • 30 Cal
  • Enfamil 24 and DHA & ARA Supplement

TorHoerman Law Obtains $495 Million Verdict in NEC Lawsuit Trial

TorHoerman Law is at the forefront of the NEC Infant Formula Lawsuits.

Our law firm successfully obtained a $495 million verdict in the second NEC bellwether trial on July 26th, 2024.

The case, Margo Gill vs. Abbott Laboratories, centered on claims that Abbott’s formula increased the risk for NEC.

Margo is the mother of Robynn, a young girl who tragically developed necrotizing enterocolitis (NEC) after being given Abbott’s baby formula as a premature infant.

Internal documents from Abbott, revealed in the trial, showed the company knew as early as 2009 that NEC has a significant formula feeding component.

Despite having knowledge that premature babies are at an increased risk of developing NEC when given cow’s milk formula, Abbott did not provide parents of NICU babies any information regarding the risk, incidence, or severity of NEC for babies on formula versus human milk.

Robynn had approximately 75% of her intestine remove following her NEC diagnosis, and also suffered permanent brain damage.

She will need intensive care for the rest of her life, and this verdict will provide the necessary financial support to cover her extensive medical and care needs.

TorHoerman Law is honored to have represented the Gill family and achieved a landmark verdict on their behalf.

TorHoerman Law’s NEC Verdict in the News

THL’s landmark verdict against Abbott Laboratories is drawing national attention.

Several major news outlets are covering the case.

This case emphasizes the risks associated with certain infant formulas and is a key moment in the ongoing fight for the protection of premature infants.

News outlets that have covered TorHoerman Law’s NEC verdict include:

  • Wall Street Journal: Abbott Ordered to Pay $495 Million in Baby-Formula Verdict
  • Reuters: Abbott must pay $495 million in premature infant formula trial, jury finds
  • Chicago Tribune: Abbott Laboratories must pay $495M in case over formula for premature infants, jury decides
  • CNBC: Abbott must pay $95 million in premature infant formula trial, jury finds
  • New York Post: Abbott must pay $495M in damages after girl develops dangerous disease from premature infant formula
  • The Guardian: Reckitt Benckiser’s shares slump after Abbott baby formula ruling over bowel disease link
  • Yahoo: Abbott Laboratories must pay $495 million in case over formula for premature infants, jury decides
  • Fox News St. Louis: Baby Formula lawsuit in STL leads to $495M verdict
  • KSDK News St. Louis: Formula manufacturer must pay $495M to family of preemie who developed deadly disease
  • Patch: Abbott Labs Ordered To Pay $495 Million Over Formula For Premature Infants

What is Necrotizing Enterocolitis?

Necrotizing enterocolitis is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy (premature babies).

NEC creates intestinal inflammation, causing cells to die and holes to form in the digestive system.

These perforations then allow harmful and potentially deadly bacteria to leak in and infect the intestines.

The condition can rapidly progress to systemic infection and sepsis, posing significant risks to the infant’s life.

What Is Necrotizing Enterocolitis (NEC)?

Symptoms Of Necrotizing Enterocolitis (NEC)

Necrotizing enterocolitis (NEC) manifests with various symptoms that indicate serious gastrointestinal distress in premature infants and low birth weight infants.

Early detection is crucial for timely intervention and better outcomes.

Parents and caregivers should be vigilant for these signs, especially in premature infants.

The symptoms of NEC can vary in severity and may rapidly progress if not treated promptly.

Symptoms Of Necrotizing Enterocolitis (NEC)

The condition’s danger can range from mild to fatal, and you must recognize the following symptoms if you believe your child is at risk:

  • Abdominal pain and swelling
  • Changes in heart rate and blood pressure
  • Changes in body temperature and breathing
  • Diarrhea with bloody stool
  • Green or yellow vomit
  • Lethargy
  • Refusal to eat, feeding intolerance, and lack of weight gain

Healthcare providers can diagnose NEC through tests checking for a swollen belly, blood tests, fecal tests, and x-rays.

If your infant exhibits any of these symptoms, seek immediate medical attention to ensure proper diagnosis and treatment.

How Dangerous Is NEC?

Necrotizing enterocolitis is a disease that can have fatal consequences if left untreated.

NEC primarily affects premature and very low birth weight infants, causing the death of intestinal tissue, inflammation, and perforation of the intestines.

Babies weighing 5.5 lbs and up face mortality rates up to 20%, while smaller infants, particularly those 3.3 lbs and lower, can have mortality rates as high as 50%.

The disease can rapidly lead to severe infections like peritonitis and sepsis, which are life-threatening if not treated promptly​.

Infants who survive NEC often face long-term health issues, including short bowel syndrome, growth failure, and developmental delays​.

NEC remains one of the most dangerous gastrointestinal emergencies in neonatal care.

Can I Prevent NEC?

In some hospitals, the NICU may recommend feeding your premature infant bovine-based formulas.

If they do, be sure to ask about the risks associated with NEC.

If NEC is a threat, request a formula not made from cow’s milk, and ask for a full review of your child’s nutrition plan.

If feasible, stop feeding your baby bovine-based formula in favor of feeding only human breast milk or breast milk based baby formula.

Human milk fortifiers and other similar products may also be an option for parents seeking alternatives to cow milk formula.

The CDC recommends that babies be exclusively breastfed for 6 months after birth.

Statistically, doing this is difficult, but it can prove beneficial for your child in the future.

Other benefits of breast milk include:

  • Providing growth hormones
  • Immune system boosts
  • Lower blood pressure in infants

Another alternative healthcare providers may offer is to improve your child’s immune system through corticosteroid injections before birth.

The injection improves an unborn child’s health and may reduce the risk of contracting lung and intestinal issues.

Be sure to ask your doctor if either of these courses of action could be suitable for you and your circumstances.

Similac, Enfamil, Other Baby Formulas Linked To NEC Risk

Similac (manufactured by Abbott) and Enfamil (manufactured by Mead Johnson) are two common bovine milk-based formulas that have been linked to NEC.

Similac and Enfamil formula are comprised of several product lines that feature different supplements and caloric levels for the specific needs of premature babies.

Both manufacturers are named in lawsuits, with parents alleging that these products increased the risk for their premature babies to develop the gastrointestinal disease and the risk was not presented on warning labels.

It’s important to note that the NEC Baby Formula Lawsuits center on infant formula products that are not sold to the general public, but are used specifically in hospitals for premature infants.

  • Learn more about the Similac Baby Formula Lawsuits here.
  • Learn more about the Enfamil Formula Lawsuit here.

Cow Milk Based Formula and Risk for Necrotizing Enterocolitis (NEC)

The infant formulas involved in the NEC Lawsuits are not the typical products found on store shelves for general use.

These formulas, such as Similac Special Care and Enfamil NeuroPro EnfaCare, are specifically designed for and administered to premature or low birth weight infants in hospital settings.

Hospitals use these specialized formulas to meet the higher nutritional needs of vulnerable infants who require enhanced calories and protein for growth and development.

Premature infants often lack the ability to digest and process cow’s milk proteins effectively, which is a key concern highlighted in these lawsuits.

These specialized formulas are intended to support the unique dietary needs of preterm infants but have been linked to an increased risk of developing necrotizing enterocolitis (NEC).

While these formulas are vital in providing necessary nutrients, the lawsuits claim that the manufacturers failed to adequately warn about the potential risks associated with their use in premature infants.

Parents of affected infants argue that they were not properly informed about safer alternatives, such as human milk fortifiers or donor breast milk.

What Can I Do If My Child Has Been Affected By NEC?

If your child was fed infant formula and subsequently developed Necrotizing Enterocolitis (NEC), you may be eligible to file an NEC Baby Formula Lawsuit and secure compensation for your child’s injuries and damages.

To learn more about the NEC Infant Formula Lawsuits and to get a free consultation, contact TorHoerman Law today.

Average Settlement Amounts for the NEC Baby Formula Lawsuit

If you are considering filing a NEC Baby Formula Lawsuit, it’s crucial that you mitigate your child’s injuries properly.

Mitigation is an important step in the legal process and helps strengthen your case against infant formula manufacturers.

Mitigate Injuries for Your NEC Baby Formula Lawsuit

If your child has developed necrotizing enterocolitis, seek treatment immediately.

In most cases, NEC is treated either medically or surgically.

If the intestine is not yet perforated, medical treatment is usually applied first.

For 60-80% of cases, premature infants do not need surgery.

Steps taken in medical treatment include:

  • Replacing regular feeding in favor of an intravenous catheter
  • Applying a nasogastric tube to relieve swelling and pain
  • Frequent blood tests
  • Blood transfusion in the worst cases

If the intestine is already perforated or if medical treatment is unsuccessful, surgery is required.

In surgery, the most damaged sections of the intestine are removed with the goal of allowing the undamaged sections to operate regularly.

An ostomy, or opening of the wall, is also made to let the bowels recover.

Surgery in premature babies is stressful and comes with risk, but success rates are high, and premature infants typically recover after 6-8 weeks.

Contact A Toxic Baby Formula NEC Injury Lawyer

Contact TorHoerman Law for a free consultation if your child has contracted Necrotizing Enterocolitis after being administered Similac or Enfamil baby formula.

You may be entitled to financial compensation in a product liability or medical malpractice lawsuit.

Who is Liable For My Child’s Injuries?

Liability for your child’s necrotizing enterocolitis (NEC) diagnosis can fall on multiple parties.

The manufacturers of the cow’s milk-based formulas, such as Abbott Laboratories and Mead Johnson, may be held responsible for failing to warn about the risks associated with their products.

Healthcare practitioners could be liable if they neglected to inform parents about the potential dangers of feeding premature infants these formulas, opting instead to use them without proper caution.

In a toxic baby formula NEC lawsuit, two (2) parties may hold responsibility for your child’s necrotizing enterocolitis (NEC) diagnosis:

  • The manufacturers who are aware of the risks of the formulas
  • The practitioners who may fail to mention the inherent dangers of feeding premature babies bovine-based formulas

Baby Formula Manufacturers: Product Liability Lawsuit

In a product liability lawsuit against baby formula manufacturers, the focus is on proving that companies like Abbott Laboratories and Mead Johnson failed to adequately warn about the risks of necrotizing enterocolitis (NEC) associated with their cow’s milk-based formulas.

These lawsuits allege that the manufacturers knew or should have known about the dangers these products posed to premature infants but did not provide sufficient warnings or instructions to mitigate those risks.

Parents claim that the misleading marketing of these formulas as safe alternatives to breast milk contributed to an increased risk of their infants developing NEC​.

NEC Lawsuits argue that formula companies prioritized profits over safety by continuing to distribute cow’s milk based formula without proper warnings.

Healthcare Providers: Medical Malpractice Lawsuit

Medical malpractice lawsuits may occur when someone served by a healthcare provider suffer harm as a result of the provider’s negligence or incompetence.

Healthcare providers may be held accountable for failing to inform parents about the risks of feeding cow’s milk-based formulas to premature infants.

These lawsuits argue that doctors and hospitals have a duty to ensure parents are fully aware of safer alternatives, such as human breast milk or donor milk, which significantly reduce the risk of necrotizing enterocolitis (NEC)​.

When healthcare providers neglect to provide this crucial information or opt for formula feeding without discussing potential risks, they may be found negligent.

Plaintiffs in these cases often contend that the lack of proper guidance and informed consent directly contributed to their infants developing NEC.

Successful medical malpractice claims can result in compensation for medical expenses, pain and suffering, and other damages related to the infant’s condition.

Refer to our medical malpractice lawsuit information page to learn more.

Filing NEC Baby Formula Lawsuits: What to Know

You may be eligible for an NEC Baby Formula Lawsuit if you have had a child who was diagnosed with necrotizing enterocolitis after being administered bovine-based formula.

Do you qualify for the NEC Baby Formula Lawsuit

Be sure to learn about the civil litigation process and ask a lawyer about any relevant statute of limitations or filing deadlines.

This is a daunting situation to be in, so we’re here to help each step of the way.

If you have questions, do not hesitate to contact us for a free, no-obligation case consultation.

Hire A Baby Formula NEC Injury Lawyer

Hiring the right personal injury lawyer is essential in ensuring that you get the most out of your case.

Experienced infant formula lawyers will help assess and build your case, litigate your lawsuit, and get rightful compensation for your injuries.

In a personal injury case, such as a NEC infant formula lawsuit, you might be wondering how much it costs to hire an experienced lawyer.

Contingency fees can be utilized in the instance where you cannot pay for an attorney, but are in need of one.

TorHoerman Law operates on a contingency fee basis, which means you do not pay for legal representation unless you receive financial compensation for your case.

Contingency fee agreements can be incredibly helpful in ensuring that you get proper representation regardless of your current financial situation.

Gathering Evidence for a NEC Baby Formula Lawsuit

You must compile adequate evidence supporting your personal injury case.

Strong evidence can greatly increase your chances of reaching an adequate resolution.

Gathering Evidence for a NEC Baby Formula Lawsuit

Possible evidence for NEC Infant Formula Lawsuits can include:

  • Medical and feeding records
  • Photos and videos
  • Witness statements
  • Incident reports
  • Expert testimony on the risks of cow’s milk-based formulas
  • Marketing materials from formula manufacturers
  • Communications between healthcare providers and parents
  • Hospital protocols and guidelines regarding infant feeding practices
  • Any other evidence regarding the feeding of cow milk based formula and NEC diagnosis

Your attorney will also help in the process of gathering evidence to build your potential baby formula lawsuit.

Assessing Damages in NEC Baby Formula Lawsuits

Damages are the total amount of losses, economic and non-economic, incurred as a result of an NEC diagnosis.

Assessing Damages in NEC Baby Formula Lawsuits

In NEC Baby Formula Lawsuits, the defendant may be liable to pay for:

  • Medical bills
  • Future medical costs
  • Pain and suffering
  • Lost wages (parent’s wages)
  • Permanent disability
  • Lost quality of life
  • Punitive damages
  • Other damages

For toxic baby formula lawsuits, types of damages you may look for are medical expenses, pain and suffering, permanent disability, and future medical expenses.

Your NEC Baby Formula Lawyers will help you through this step in the process of filing a lawsuit.

To learn more about assessing damages, refer to our guide on personal injury damages.

Baby Formula NEC Lawsuit Settlement Amounts

Individuals who file a claim in against baby formula manufacturers may be eligible for financial compensation for damages including medical expenses, lost wages, and pain and suffering.

The specific dollar amount for Toxic Baby Formula lawsuits is not yet available as the cases are still pending.

Baby Formula NEC Lawsuit Settlement Amounts

Visit this page for more updated information on financial compensation for the Baby Formula Lawsuit.

No settlements have been reached with baby formula manufacturers in the NEC Baby Formula Lawsuit.

Our NEC Baby Formula Lawyers are following the litigation closely, and we estimate that NEC Baby Formula Lawsuits may result in significant settlements.

Estimated settlement amounts for NEC lawsuits may range between $50,000 to over $500,000.

These estimated settlement amounts are by no means a guarantee of financial compensation for NEC lawsuits, they are simply an educated guess based on results in previous product liability lawsuits.

NEC Lawsuit trials in two separate courts have resulted in verdicts of $495 million and $60 million.

These trials are outside of the consolidated Toxic Baby Formula NEC MDL in the Northern District of Illinois.

TorHoerman Law - Toxic Baby Formula NEC Lawyers

If you believe that your child qualifies to participate in an NEC Baby Formula Lawsuit, contact TorHoerman Law to speak with an experienced attorney and receive a free, no-obligation consultation to discuss your legal options today.

You can also use our chatbot to receive a free, instant online case evaluation right now.

TorHoerman Law is a personal injury law firm dedicated to fighting for individuals injured through no fault of their own.

Toxic Baby Formula NEC Lawyers

We’ve secured over $4 billion for our clients, and our lawyers are ready to help you.

We operate on a contingency fee basis as an assurance to our clients that we are as dedicated to getting the absolute best result for them.

This means you pay nothing unless we win your case.

Let us focus on fighting for you in court so that you can dedicate your full attention to what truly matters – the health and well-being of your child.

Frequently Asked Questions

  • What is NEC (Necrotizing Enterocolitis)?

    Necrotizing enterocolitis is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy (premature babies).

    It causes inflammation and bacterial infection in the intestines, leading to the death of intestinal tissue and potential perforation of the bowel.

    The exact cause of NEC is not fully understood, but factors such as prematurity, formula feeding, and an underdeveloped immune system contribute to its development.

    Symptoms of NEC include abdominal swelling, feeding intolerance, bloody stools, and lethargy.

    Immediate medical treatment is crucial, as the condition can rapidly progress to sepsis and other life-threatening complications.

  • Does Cow's Milk Based Baby Formula Increase the Risk of NEC?

    Yes, baby formula, especially cow’s milk-based formulas, has been linked to an increased risk of necrotizing enterocolitis (NEC) in premature infants.

    Studies have shown that preterm infants fed with cow’s milk-based formulas are significantly more likely to develop NEC compared to those fed with human breast milk.

    This is due to the immature digestive systems of premature babies, which struggle to process the proteins found in cow’s milk.

    The inflammation and bacterial infection caused by these proteins can lead to severe intestinal damage and, in some cases, death.

    Breastfeeding or using donor human milk is strongly recommended to reduce the risk of NEC in preterm infants.

    Lawsuits have been filed against major baby formula manufacturers, such as Abbott Laboratories and Mead Johnson, alleging that they failed to warn parents and healthcare providers about the increased risks of NEC associated with their cow’s milk-based products.

  • What Baby Formulas Increase the Risk of NEC?

    Similac and Enfamil baby formulas are mentioned in lawsuits filed against infant formula manufacturers Abbott and Mead Johnson.

    The formulas mentioned in the Baby Formula NEC Lawsuits include:

    • Similac Alimentum
      • Similac Alimentum Expert Care
    • Similac Special Care
      • Special Care 30
      • Special Care 24
      • Special care 24 High Protein
      • Special Care 20
    • Similac Human Milk Fortifier
      • Similac Human Milk Fortifier Hydrolyzed Protein – Concentrated Liquid
      • Similac Human Milk Fortifier Powder
    • Similac Liquid Protein Fortifier
    • Enfamil Human Milk Fortifier Powder
      • Human Milk Fortifier Liquid High Protein
      • Human Milk Fortifier Liquid Standard Protein
      • Human Milk Fortifier Acidified Liquid
    • Enfamil NeuroPro Enfacare
    • Enfamil Premature
      • 20 Cal
      • 24 Cal
      • 24 Cal/fl oz HP
      • 30 Cal
    • Enfamil 24 and DHA & ARA Supplement

  • Is There a Baby Formula NEC Class Action Lawsuit?

    No, there is not a Baby Formula NEC Class Action Lawsuit.

    Instead, NEC Lawsuits are being handled as multidistrict litigation (MDL) or are filed individually in state courts.

    The key difference between the MDL and class action lawsuits is that a class action involves a single lawsuit with many plaintiffs who share the same legal issue, and any settlement or judgment is divided among all class members.

    In contrast, an MDL consolidates individual lawsuits that share common factual issues to streamline pretrial proceedings, but each case remains separate and is judged on its own merits​.

  • Do I qualify for a baby formula NEC lawsuit?

    You may qualify for a baby formula NEC lawsuit if your child was born prematurely, was fed cow’s milk-based formula such as Similac or Enfamil, and subsequently developed necrotizing enterocolitis (NEC).

    Evidence of your child’s diagnosis and medical records documenting the use of the formula will be essential in pursuing legal action.

    The NEC Baby Formula Lawyers at TorHoerman Law handle lawsuits filed on behalf of families impacted by NEC.

    Reach out to us today for a free consultation.

    You can also use the chatbot on this page to find out if you are eligible to file a NEC Baby Formula Lawsuit instantly.

  • What Are The Average Settlement Amounts In The Toxic Baby Formula Lawsuit?

    Individuals who file a claim in against baby formula manufacturers may be eligible for financial compensation for damages including medical expenses, lost wages, and pain and suffering.

    The specific dollar amount for Toxic Baby Formula lawsuits is not yet available as the cases are still pending.

    Estimated settlement amounts for NEC lawsuits may range between $5,000 to over $500,000.

    These estimated settlement amounts are by no means a guarantee of financial compensation for NEC lawsuits, they are simply an educated guess based on results in previous product liability lawsuits.

    Visit this page for more updated information on financial compensation for the NEC Baby Formula Lawsuit.

Published By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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