[2024 FAQ] Is There a Baby Formula NEC Class Action Lawsuit?

Is there a NEC Class Action Lawsuit?

No, there is not an NEC Class Action Lawsuit.

The NEC Baby Formula Lawsuit is consolidated into multidistrict litigation (MDL) rather than through a class action.

State courts are also handling NEC Lawsuits individually and through smaller consolidations of several NEC cases.

Multidistrict litigation (MDL) allows for the consolidation of similar cases, making it easier to manage the pretrial process while still allowing each case to be handled on its own merits.

In the NEC Baby Formula MDL, cases are being pursued in federal court, where plaintiffs can individually present their claims and seek compensation based on the specific circumstances of their case.

This differs from a class action, where one lawsuit is filed on behalf of a group, and any settlement is divided equally among plaintiffs.

The MDL, consolidated in the United States District Court for the Northern District of Illinois, enables families to pursue justice and compensation tailored to the unique impact NEC has had on their baby and family.

While no class action has been filed, this approach ensures that victims receive compensation that reflects their individual damages, such as medical costs, pain and suffering, and long-term care needs.

In addition to the MDL, some families may also pursue their claims in state courts, depending on jurisdiction and individualized legal strategies.

As the litigation progresses, recent trial verdicts, such as the $495 million verdict obtained by TorHoerman Law against Abbott Laboratories, may influence settlement negotiations and provide guidance for future cases.

Families affected by NEC should consult an experienced lawyer to explore their legal options and understand how these cases are proceeding.

The NEC Lawyers at TorHoerman Law can help you through the legal process.

Reach out to us for a free consultation, or use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

The Differences Between MDL and Class Action Lawsuits

It’s important that potential clients in the NEC Baby Formula Lawsuit understand how MDL differs from a class action lawsuit.

The NEC Baby Formula Lawsuits consolidated into the MDL consist of product liability claims made against Abbott Laboratories and Mead Johnson.

The claims made were from parents all over the country whose children fell victim to necrotizing enterocolitis (NEC).

In an MDL, settlements are distributed to claimants based on the facts of their individual case and damages.

Enfamil and Similac Baby Formula Lawsuits filed in the MDL would be compensated according to their unique situation.

If the NEC Infant Formula Lawsuit was filed as a class action lawsuit, settlements would be distributed evenly amongst all claimants, regardless of their individual situations and damages.

This means that even if a claimant’s premature baby passed away due to NEC, they would receive the same monetary compensation as a person whose child was much less effected.

This is a defining difference between MDL and class action lawsuits.

Why are Some Lawsuits Pursued in State Courts Outside of the NEC Infant Formula MDL?

Some NEC lawsuits are pursued in state courts outside of the MDL due to differences in jurisdiction and individual case circumstances.

Plaintiffs may file in state courts if their claims are based on state-specific laws, such as product liability or negligence statutes that may provide different legal advantages.

In certain cases, plaintiffs may also prefer state courts because they believe the local legal environment or jury pool might be more favorable to their case.

Additionally, some state courts may offer quicker trial dates than the federal MDL, allowing for a more timely resolution.

The MDL process is primarily used to streamline pretrial proceedings in federal court, but it does not prevent plaintiffs from filing individual cases in their state.

This dual-track approach ensures that each case receives personalized attention based on the specific legal standards and facts involved.

TorHoerman Law is involved in several NEC Baby Formula Lawsuits filed in state courts.

For more information about this subject, please reach out to our NEC Lawyers.

TorHoerman Law Secures $495 Million Verdict in Premature Infant Formula Trial

In a landmark case, TorHoerman Law secured a $495 million verdict against Abbott Laboratories, the manufacturer of Similac baby formula.

This case, filed on behalf of Margo Gill and her daughter Robynn, highlighted the severe consequences of feeding cow’s milk-based formulas to vulnerable preemies.

The jury found that Abbott Laboratories had failed to adequately warn healthcare providers and parents about the risks associated with their products.

Of the total verdict, $95 million was awarded in compensatory damages, and $400 million in punitive damages, reflecting the severity of the company’s negligence.

This victory marks a significant milestone in ongoing NEC Baby Formula litigation, setting a powerful precedent for future cases.

TorHoerman Law’s success underscores its commitment to holding major corporations accountable for the harm caused by toxic products.

Our firm continues to represent other families impacted by NEC and is dedicated to seeking justice for those affected.

If your child developed NEC after consuming baby formula, contact TorHoerman Law for a free consultation.

Understanding Necrotizing Enterocolitis (NEC)

Necrotizing enterocolitis (NEC) is a severe gastrointestinal disorder primarily affecting premature infants.

NEC leads to inflammation and death of intestinal tissue, which can cause severe complications like infection, intestinal perforation, and in the worst cases, death.

NEC typically develops within the first few weeks of life, especially in babies born before 37 weeks of gestation.

The exact cause of NEC is not fully understood, but it is often associated with a combination of factors, including premature birth, feeding practices, and bacterial infections in the intestines.

Infants who are fed cow’s milk-based formulas instead of breast milk are at a higher risk of developing NEC, as studies have shown that breast milk offers protective properties against intestinal inflammation.

The symptoms of NEC include abdominal swelling, bloody stools, vomiting, and lethargy.

Immediate medical intervention is crucial as untreated NEC can lead to life-threatening complications like sepsis and short bowel syndrome.

In severe cases, surgery may be required to remove the damaged sections of the intestines.

For families, the impact of NEC can be emotionally and financially overwhelming, as the cost of medical care is often high, and the long-term health consequences for the child can be profound.

Families affected by NEC may be eligible to pursue legal action against manufacturers of baby formula products linked to the development of NEC in premature infants.

Toxic Baby Formulas and Necrotizing Enterocolitis (NEC)

Infant formulas from Abbott (Similac) and Mead Johnson (Enfamil) are claimed to be toxic to premature infants due to their reliance on cow’s milk as the primary ingredient.

This base ingredient lacks the critical immune-boosting and digestive-supportive properties of human breast milk, which is vital for preterm infants whose systems are underdeveloped.

Scientific studies have demonstrated that premature babies fed cow’s milk-based formula are significantly more likely to develop necrotizing enterocolitis (NEC), a life-threatening intestinal condition, compared to those exclusively fed breast milk.

In fact, a 2021 study highlights that preterm infants who were given cow’s milk formula had a markedly higher risk of developing NEC

Unlike breast milk, which offers protective elements like antibodies and bioactive compounds, cow’s milk can lead to inflammation and bacterial overgrowth in the fragile intestines of premature babies.

This toxicity stems from the body’s inability to properly process cow’s milk proteins, triggering the damaging effects of NEC.

The same study concludes that the best milk for premature babies is still human milk.

Given this evidence, the manufacturers of Similac and Enfamil may face liability for knowingly marketing these products without adequately warning parents and healthcare providers about the risks associated with their use in preterm infants.

Families affected by NEC are pursuing legal action, asserting that these companies placed profits over safety by continuing to promote their cow’s milk-based formulas despite the known risks.

What Brands of Cow Milk-based Formula Products Are Named in the NEC Infant Formula Lawsuits?

Our lawyers are handling several Toxic Baby Formula NEC Lawsuits.

Looking at all the cases we handle, we found one common denominator — the consumption of the Similac and Enfamil formula.

The cow’s milk-based formulas named in the NEC Infant Formula Lawsuits are medically administered to premature infants in neonatal intensive care units (NICUs) and maternity wards.

These premature infant formulas are often given to infants as part of their care regimen, particularly when they are born prematurely and require additional nutrients.

However, they are not available for sale in regular retail stores, as they are specifically used in a hospital setting under the supervision of medical professionals.

The key issue at hand is that these medically administered formulas are associated with a higher risk of NEC in vulnerable preterm infants.

Hospitals use these cow’s milk based baby formulas with the belief that they provide the necessary nutritional support for premature babies.

However, concerns have arisen due to studies that show a strong correlation between cow’s milk-based formulas and the development of NEC, particularly in infants who are already at higher risk due to their early birth.

Families affected by NEC after their child was fed these formulas are pursuing lawsuits, arguing that the manufacturers did not provide adequate warnings about the potential dangers associated with these products.

As this litigation progresses, it highlights the importance of fully understanding the risks tied to hospital-administered nutrition for vulnerable newborns.

Understanding the scope of the NEC Lawsuits can shed light on the broader conversation around neonatal care and the potential long-term health impacts of decisions made in the NICU.

Families who have experienced the devastating effects of NEC are calling for accountability from the companies involved.

Similac Infant Formulas Mentioned in the NEC Lawsuits

Similac formulas, produced by Abbott Laboratories, are widely used in hospitals, particularly in neonatal intensive care units (NICUs), to provide essential nutrition to premature and low birth weight infants.

These formulas are not available for purchase in stores and are specifically marketed to hospitals for use in medically fragile infants who require specialized nutrition.

Abbott Laboratories distributes Similac products to healthcare facilities, emphasizing their use in supporting infant growth and development, especially when breast milk is unavailable or insufficient.

However, concerns have been raised about the potential dangers these cow’s milk-based formulas may pose to premature infants, particularly the increased risk of developing necrotizing enterocolitis (NEC).

Similac Baby Formula Lawsuits have focused on the lack of adequate warnings about these risks, arguing that Abbott Laboratories failed to properly inform healthcare providers and parents about the potential dangers.

Similac Infant Formulas mentioned in the NEC Lawsuits include:

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

Enfamil Baby Formulas Mentioned in the NEC Lawsuits

Enfamil formulas, manufactured by Mead Johnson & Company, are widely used in neonatal intensive care units (NICUs) and maternity wards to nourish premature and low birth weight infants.

These formulas are not sold in stores but are distributed directly to hospitals, where they are marketed as providing essential nutrition to vulnerable newborns.

Mead Johnson emphasizes the role of Enfamil in promoting growth and development, particularly for infants who cannot rely solely on breast milk.

However, recent concerns have arisen regarding the safety of cow’s milk-based formulas like Enfamil, especially their potential link to necrotizing enterocolitis (NEC).

The Enfamil Baby Formula Lawsuits argue that Mead Johnson did not adequately warn medical providers and parents about the increased risk of NEC in premature infants fed these formulas.

Enfamil Baby Formula products mentioned in the NEC Lawsuits include:

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

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.

Be sure to learn about the civil litigation process and file within your state’s statute of limitations.

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 a solid settlement.

Possible evidence for NEC Infant Formula Lawsuits can include:

• Photos and videos
• Witness statements
• Medical records of the administered formula and of the NEC affliction
• Medical bills
• Incident reports
• Public records

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 the defendant is liable to compensate for injuries.

A premature child that contracted NEC is an instance where assessing economic damages should be straightforward.

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.

Visit this page for more updated information on NEC Lawsuit Settlement Amounts.

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 $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.

TorHoerman Law: Your NEC Baby Formula Lawyers

If your child developed necrotizing enterocolitis (NEC) after being fed Enfamil or Similac infant formula in the NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

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 at no fault of their own.

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.

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

TorHoerman Law: Your NEC Baby Formula Lawyers.