When Will The NEC Lawsuit Be Settled?

Overview of the NEC Baby Formula Lawsuits

The NEC Baby Formula Lawsuit refers to a significant amount of cases filed against major baby formula manufacturers, specifically Abbott Laboratories (maker of Similac Infant Formula) and Mead Johnson & Company (maker of Enfamil Formula).

Infant Formula NEC Lawsuits claim that premature babies fed cow milk based formulas are at an increased risk to develop NEC.

Scientific studies have shown that premature infants fed cow milk based formula were at an increased risk to develop NEC compared to premature infants fed only human breast milk.

Enfamil and Similac Baby Formula Lawsuits allege that the manufacturers failed to adequately warn healthcare providers and parents about the potential dangers associated with their products, despite knowing the risks involved.

Families affected by NEC are seeking compensation for medical expenses, long-term care, and the emotional distress caused by this life-threatening condition.

Recent Developments in the NEC Formula Lawsuits

Lawsuits involving infant formulas linked to an increased risk of NEC are being consolidated into multidistrict litigation (MDL) and are also being handled in relevant state courts.

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

This verdict, which includes $95 million in compensatory damages and $400 million in punitive damages, may set a precedent for future settlements and trials in the NEC litigation.

Countless more lawsuits are pending against Abbott Laboratories and other manufacturers, such as Mead Johnson (Reckitt Benckiser), who are facing similar claims.

This significant verdict comes just a month or so after the family of a premature infant who tragically passed away due to NEC was awarded $60 million by an Illinois jury in a case against Mead Johnson.

Outside of these state court results, more than 500 NEC Baby Formula Lawsuits are pending in the NEC Infant Formula MDL.

The first four bellwether trials are scheduled in the NEC MDL in the Northern District of Illinois, and these trials will start in early-mid 2025.

Three of the four bellwether trials in the NEC Formula MDL are against Abbott Laboratories, and the last scheduled is against Mead Johnson.

Visit our main page on the Baby Formula NEC Lawsuit for timely and recent updates in this litigation.

NEC Lawsuit Settlement Projections

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

Lawyers estimate that individual NEC Lawsuit payout amounts 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.

For detailed insight on your potential NEC Infant Formula Lawsuit and what to expect in the legal process, contact the attorneys at TorHoerman Law.

You can also use the chatbot on this page for a free and instant case evaluation to find out if you are eligible to file a Baby Formula Lawsuit.

What is the Basis of the NEC Baby Formula Lawsuits?

The NEC Baby Formula Lawsuits are centered around claims that major baby formula manufacturers, such as Abbott Laboratories (maker of Similac) and Mead Johnson & Company (maker of Enfamil), knowingly marketed and sold cow’s milk-based formulas that significantly increased the risk of necrotizing enterocolitis (NEC) in premature infants and low birth weight babies.

NEC Baby Formula Plaintiffs argue that these companies failed to adequately warn parents and healthcare providers about the heightened risks associated with their products, despite mounting scientific evidence linking cow’s milk-based formulas to NEC.

Legal claims in the NEC Infant Formula Litigation typically include product liability, negligence, failure to warn, and breach of warranty, among other potential claims.

The companies have generally responded by denying the allegations, arguing that their products are safe and that NEC is a multifactorial condition with no definitive link to formula feeding.

They have also asserted that they provided sufficient warnings and that the benefits of their products outweigh the risks.

However, these arguments have often failed in court, as evidenced by recent verdicts, including a $495 million judgment against Abbott Laboratories in July 2024, where the jury found the company liable for negligent design and failure to warn.

NEC Lawsuits highlight the importance of corporate accountability, as internal documents revealed during litigation suggested that manufacturers were aware of the risks but chose not to inform the public to protect their market share.

Plaintiffs argue that these companies prioritized profits over the safety of vulnerable infants, leading to severe injuries and deaths.

What is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a severe gastrointestinal condition that primarily affects premature infants, especially those born before 37 weeks of gestation.

The disease causes inflammation and bacterial invasion of the intestinal wall, leading to the death of intestinal tissue and, in severe cases, perforation of the bowel.

This perforation allows harmful bacteria to leak into the abdomen, potentially leading to widespread infection and sepsis, which can be life-threatening.

The exact cause of NEC is not fully understood, but it is believed to involve a combination of factors, including an immature immune system, reduced blood flow to the intestines, and the introduction of bacteria through feeding, particularly when cow’s milk-based formulas are used.

NEC can develop rapidly and requires immediate medical attention.

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

Despite advances in neonatal care, NEC remains one of the leading causes of illness and death in preterm infants.

Treatment typically involves stopping feedings, draining the stomach, administering antibiotics, and, in severe cases, surgery to remove the damaged portion of the intestines.

Even with prompt treatment, many infants who survive NEC face long-term complications that can significantly impact their quality of life.

Complications of necrotizing enterocolitis (NEC) include:

• Sepsis: A severe infection that spreads throughout the body, potentially leading to organ failure.
• Short bowel syndrome: Occurs when a large portion of the intestine is removed, leading to malabsorption and nutritional deficiencies.
• Intestinal strictures: Narrowing of the intestines, which can cause bowel obstruction and require additional surgery.
• Developmental delays: Due to the severe illness and potential surgeries, many infants experience delays in growth and development.
• Feeding difficulties: Long-term issues with feeding and digestion, often requiring specialized nutrition or feeding tubes.
• Chronic lung disease: A condition that can develop in premature infants who require long-term respiratory support, exacerbated by the stress of severe illness like NEC.
• Death: In the most severe cases, NEC can be fatal, especially in extremely premature infants.

Cow’s Milk Based Formula Linked to an Increased Risk of Developing NEC

Cow’s milk-based baby formulas, such as Similac and Enfamil, have been linked to an increased risk of developing necrotizing enterocolitis (NEC) in premature infants.

Research has shown that preterm infants who are fed cow’s milk-based formulas are more likely to develop NEC compared to those who are exclusively fed human milk.

The immature intestines of premature babies are less capable of digesting cow’s milk proteins, which can lead to inflammation, bacterial overgrowth, and eventually, NEC.

A meta-analysis published in the journal Pediatrics found that preterm infants fed human milk were 77% less likely to develop NEC than those fed cow’s milk-based formula.

The Journal of Perinatology has highlighted that the introduction of cow’s milk-based formula into the diet of preterm infants disrupts the gut microbiota, increasing the likelihood of intestinal inflammation.

Despite these findings, many hospitals continue to use cow milk formulas in neonatal intensive care units (NICUs) due to their availability and cost, which raises ethical concerns about patient safety versus profitability.

These scientific insights are central to the ongoing lawsuits against formula manufacturers, as plaintiffs argue that the companies failed to adequately warn about these known risks.

The growing body of evidence suggests that the use of cow milk formula in preterm infants should be reconsidered to prevent the severe consequences of NEC.

What Toxic Baby Formulas are Named in NEC Lawsuits?

The NEC Baby Formula Lawsuits specifically target certain Similac and Enfamil formula products that are alleged to increase the risk of necrotizing enterocolitis (NEC) in premature infants.

NEC Lawsuits claim that these cow’s milk-based formulas were marketed and used in hospitals despite evidence of their potential dangers to vulnerable infants.

Similac Infant Formulas Named in NEC Lawsuits:

• 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 Formula Products Named in NEC Lawsuits:

• 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

Lawsuits naming Similac and Enfamil premature infant formula are specifically for the types of infant formulas used in hospitals and medically administered by healthcare professionals.

Similac and Enfamil formula sold on the shelves of supermarkets and stores across the country are separate products and are not included in the NEC Baby Formula Lawsuits.

The specific type of infant formulas used in the NICU will likely be listed on the medical and feeding records related to the treatment of your premature baby.

Do You Qualify for the NEC Baby Formula Lawsuit?

Premature babies and low birth weight infants fed cow’s milk based formulas are at an increased risk for developing NEC.

Parents and healthcare providers were not adequately warned of this increased risk.

If your premature baby was fed cow’s milk formula and developed NEC, you may be eligible to file an NEC Baby Formula Lawsuit and seek compensation.

Reach out to an NEC Baby Formula Lawyer from TorHoerman Law today for a free consultation.

Use the chatbot on this page for an instant case evaluation to find out if you qualify for the NEC Lawsuit.

Lawyers who handle NEC Infant Formula Lawsuits will help their clients throughout the entire legal process, completing important steps like gathering evidence and assessing damages.

Gathering Evidence for the NEC Infant Formula Lawsuit

Evidence is the cornerstone of a successful NEC Infant Formula Lawsuit.

Having strong, well-documented evidence can significantly impact the outcome of your case and help establish the link between the formula and the development of necrotizing enterocolitis (NEC).

An experienced lawyer can assist in gathering and retaining crucial evidence.

Gathering comprehensive evidence not only strengthens your case but also enhances your chances of securing the compensation you deserve.

Possible evidence in an NEC Infant Formula Lawsuit includes:

• Medical and feeding records
• Product purchase receipts
• Hospital and NICU records
• Expert testimony linking the formula to NEC
• Photographic or video evidence of the infant’s condition
• Internal documents from formula manufacturers
• Witness statements from healthcare providers
• Records of communications between parents and healthcare providers regarding feeding choices and risks

Assessing Damages in NEC Lawsuits

Damages in NEC Lawsuits refer to the total financial and emotional losses that a family incurs due to the child’s diagnosis of necrotizing enterocolitis (NEC).

These can include both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering and loss of quality of life.

Accurately assessing these damages is critical to securing fair compensation, as well documented damages directly reflect the impact NEC has had on the child and their family.

An experienced lawyer can help you calculate and document these damages, ensuring that all relevant factors are considered in your case.

By thoroughly assessing the extent of your losses, your lawyer can advocate for the maximum compensation you deserve.

Possible damages in NEC Lawsuits include:

• Medical expenses, including past, current, and future costs
• Pain and suffering endured by the child and family
• Costs for ongoing and long-term medical care
• Lost wages for parents who must take time off work to care for the child
• Emotional distress and trauma suffered by the family
• Permanent disability or loss of quality of life for the child
• Funeral and burial expenses in wrongful death cases
• Punitive damages in cases of gross negligence by the formula manufacturers