Who Qualifies for the NEC Baby Formula Lawsuit?

Qualifying Factors for NEC Baby Formula Lawsuits

To qualify for an NEC Baby Formula Lawsuit, there are several key factors to consider, particularly related to the administration of formula to premature infants in hospital settings.

NEC often develops in premature or low birth weight infants who are fed cow’s milk-based formulas like Similac or Enfamil in the NICU.

These cow milk based formulas are typically used when breast milk is unavailable, but their use has been linked to an increased risk of NEC.

Families whose infants developed NEC after consuming these formulas may be eligible to file a lawsuit, depending on the specific circumstances of their case.

The strength of your case may hinge on the medical evidence showing the connection between the formula and the onset of NEC.

Key qualifying factors include:

• The infant was born prematurely or with a low birth weight.
• The infant was fed Similac, Enfamil, or another cow’s milk-based formula, particularly in a hospital or NICU setting.
• The infant was diagnosed with necrotizing enterocolitis (NEC) after being fed the formula.
• The family has retained medical records and other evidence documenting the infant’s feeding and diagnosis.
• There is no prior legal action filed by the family for the same incident.

These factors are critical in determining eligibility and the potential strength of your NEC Lawsuit.

It’s important to consult with an experienced attorney to assess your specific situation and gather the necessary evidence to build your case.

If you are wondering about your eligibility to file an NEC Infant Formula Lawsuit, reach out to our law firm today.

We offer free consultations to any person who believes they qualify to file an NEC Baby Formula Lawsuit.

Parents of preterm infants who developed Necrotizing Enterocolitis (NEC) can also use the chatbot on this page to find out if they are eligible to file an NEC Lawsuit instantly.

An Overview of the NEC Baby Formula Lawsuit

The NEC Baby Formula Lawsuit involves legal actions against major baby formula manufacturers like Abbott Laboratories (makers of Similac) and Mead Johnson & Company (makers of Enfamil).

Enfamil and Similac Baby Formula Lawsuits are filed on behalf of families whose premature infants developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formulas, which are often administered in hospital NICUs.

Toxic baby formula claims allege that these manufacturers failed to adequately warn healthcare providers and parents about the increased risk of NEC associated with their products, despite evidence linking cow’s milk-based formulas to an increased risk of the condition in preterm infants.

NEC Formula Lawsuits are being pursued in both state courts and through a multidistrict litigation (MDL) process in the federal court system.

The NEC Infant Formula MDL, centralized in the Northern District of Illinois, consolidates numerous federal cases to streamline pretrial proceedings and ensure consistent rulings on common issues, while allowing each case to remain individually tried or settled.

State court cases, on the other hand, proceed independently and can yield significant verdicts, as seen in recent high-profile cases where plaintiffs have been awarded substantial compensation for their claims.

There are a significant amount of NEC Infant Formula Lawsuits filed in state courts across the country, including in Illinois, Pennsylvania, and California.

Families affected by NEC are seeking justice not only for the harm caused to their children but also to hold these corporations accountable for their alleged negligence in failing to warn about the risks of their products.

As the litigation progresses, these cases could set important legal precedents regarding product liability and corporate responsibility in the healthcare industry.

The NEC Baby Formula Lawsuits represent a significant chapter in the broader effort to ensure that infant formula manufacturers prioritize the health and safety of their consumers.

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

Reach out to the NEC Baby Formula Lawyers at TorHoerman Law today for a free consultation.

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

What Baby Formula Manufacturers are Named in NEC Lawsuits?

The NEC Lawsuits primarily name Abbott Laboratories, the maker of Similac, and Mead Johnson & Company, the maker of Enfamil, as the defendants.

These manufacturers are accused of failing to adequately warn consumers and healthcare providers about the risks of necrotizing enterocolitis (NEC) associated with their cow’s milk-based formulas.

What Cow’s Milk Based Formulas are Involved 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.

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 Landmark $495 Million Verdict Against Abbott Laboratories in NEC Baby Formula Trial

TorHoerman Law secured a $495 million verdict against Abbott Laboratories in July 2024, representing one of the most significant outcomes in the ongoing NEC Baby Formula Litigation.

The case, filed on behalf of Margo Gill and her daughter Robynn, centered on the claim that Abbott’s Similac formula increased the risk for Robynn to develop necrotizing enterocolitis (NEC), a life-threatening condition that led to severe brain damage.

The jury awarded $95 million in compensatory damages and an additional $400 million in punitive damages, reflecting the gravity of the harm caused and the jury’s desire to hold Abbott accountable for failing to warn about the risks associated with their product.

This verdict is expected to influence the broader NEC litigation landscape, as numerous other lawsuits are pending in both state and federal courts.

The outcome of this trial not only provides significant financial relief for the Gill family but also sets a precedent for future NEC cases.

Necrotizing Enterocolitis (NEC) Explained

Necrotizing enterocolitis (NEC) is a severe gastrointestinal condition that predominantly affects premature and low birth weight babies.

It is characterized by the inflammation and necrosis (death) of intestinal tissue, which can lead to serious complications such as sepsis, intestinal perforation, and even death.

The exact cause of NEC is not entirely understood, but it is thought to be triggered by a combination of factors, including an immature immune system, intestinal bacteria, and feeding practices involving cow’s milk-based formulas.

Infants who develop NEC often exhibit symptoms like abdominal swelling, bloody stools, and feeding intolerance, and the condition typically requires urgent medical intervention, including surgery in severe cases.

The link between cow’s milk-based infant formulas and NEC has become a focal point in ongoing litigation, as studies suggest that these formulas significantly increase the risk of NEC compared to human breast milk.

Families affected by NEC are pursuing legal action against infant formula manufacturers, claiming that they were not adequately warned about the risks associated with these products.

The Role of Cow’s Milk-Based Formula in NEC

Cow milk formula, such as Similac and Enfamil, have been implicated in the development of NEC in premature infants.

Research indicates that the immature digestive systems of preterm infants struggle to process cow’s milk proteins, leading to inflammation and bacterial overgrowth in the intestines.

A study published in The Lancet found that NEC is six to 10 times more likely to develop in infants fed exclusively on formula compared to those who are breastfed.

Additionally, a 2011 report by the U.S. Surgeon General indicated that formula-fed premature infants are 138% more likely to develop NEC than those fed human breast milk.

Signs and Symptoms of Necrotizing Enterocolitis (NEC)

Necrotizing enterocolitis (NEC) is a serious and life-threatening condition that primarily affects premature infants, and recognizing the early signs and symptoms is crucial for timely intervention.

Parents and healthcare providers should be vigilant for any indications of NEC, especially in infants who are being fed cow’s milk-based formula.

Early detection and prompt treatment can significantly improve outcomes and reduce the risk of severe complications.

Signs and symptoms of NEC in premature infants include:

• Abdominal swelling or bloating
• Bloody stools
• Feeding intolerance or reluctance to eat
• Vomiting, particularly of green or yellow bile
• Lethargy or decreased activity
• Temperature instability (fever or low body temperature)
• Apnea (pauses in breathing)
• Low blood pressure or signs of shock

These symptoms can rapidly progress, so it’s essential to seek medical care immediately if NEC is suspected​.

Potential Complications of Necrotizing Enterocolitis (NEC)

Necrotizing enterocolitis (NEC) can lead to a range of serious complications, particularly if not diagnosed and treated promptly.

These complications can have long-lasting effects on the health and development of affected infants, making it essential for parents and healthcare providers to understand the potential risks.

Some of these complications can be life-threatening, while others may require long-term medical care and intervention.

Potential Complications of NEC include:

• Intestinal perforation, leading to peritonitis (inflammation of the abdominal cavity)
• Sepsis, a severe infection that spreads throughout the body
• Short bowel syndrome, resulting from surgical removal of damaged intestines
• Growth and developmental delays due to malabsorption of nutrients
• Strictures or narrowing of the intestines, which can cause digestive problems
• The need for long-term parenteral nutrition (intravenous feeding)
• Increased risk of neurodevelopmental impairments due to severe illness and complications​

Recognizing these potential complications underscores the importance of early detection and treatment of NEC to prevent further harm to the infant.

Do You Qualify for the NEC Lawsuit?

Baby formula makers are facing thousands of NEC Lawsuits from families across the country.

TorHoerman Law is a leading firm for NEC Lawsuits, and we are representing countless mothers and families in NEC Baby Formula Lawsuits filed in state and federal courts.

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

Contact our NEC Baby Formula Lawyers today for a free and confidential consultation.

You can also use the chatbot on this page to find out if you’re eligible to file an NEC Lawsuit instantly.

Our NEC Baby Formula Lawyers will help plaintiffs through the entire legal process, completing the preliminary steps to take action such as gathering evidence and assessing damages.

Gathering Evidence for the NEC Baby Formula Lawsuit

Gathering evidence is a crucial step in building a strong NEC Lawsuit, as it directly supports your claim and demonstrates the connection between the use of cow’s milk-based formulas and the development of necrotizing enterocolitis (NEC) in your child.

Our experienced lawyers can assist you in collecting, preserving, and organizing the necessary evidence to ensure it is effectively presented in your case.

Proper documentation can make a significant difference in the outcome of your lawsuit, helping to establish liability and secure the compensation you deserve.

Possible Evidence in NEC Lawsuits includes:

• Medical records detailing the infant’s diagnosis and treatment for NEC
• Formula feeding records showing the use of cow’s milk-based formulas like Similac or Enfamil
• Expert testimony linking NEC to cow’s milk-based formulas
• Hospital and NICU logs documenting the infant’s care
• Photographs and videos of the infant’s condition and treatment
• Testimony from healthcare providers about the feeding practices and warnings provided
• Internal company documents from formula manufacturers related to product safety and warnings

This evidence is essential in proving your case and holding baby formula manufacturers accountable for their negligence.

Assessing Damages in Infant Formula NEC Lawsuits

Damages refer to the total economic and non-economic losses incurred due to your child’s NEC diagnosis and subsequent medical issues.

An experienced lawyer can help you calculate and assess the damages in your case so that they can advocate for maximum compensation.

Possible damages in NEC Baby Formula Lawsuits include:

• Medical expenses, including surgeries, hospital stays, medications, and ongoing treatments related to NEC
• Future medical care costs for long-term health complications or disabilities resulting from NEC
• Pain and suffering endured by the infant due to the illness and treatments
• Emotional distress experienced by the family, including the trauma of caring for a critically ill child
• Lost wages or loss of earning capacity if a parent had to take time off work to care for the child
• Loss of enjoyment of life or diminished quality of life for both the child and the family
• Funeral and burial expenses in cases where NEC led to the infant’s death

These damages are key factors in seeking fair and comprehensive compensation for the impact NEC has had on your child and family.

TorHoerman Law: Your NEC Baby Formula Lawyer

As evidenced by our recent landmark $495 million verdict in the St. Louis premature infant formula trial, TorHoerman Law’s NEC Lawyers are prepared to represent mothers and families in lawsuits against major baby formula manufacturers.

We understand the unique landscape of the NEC Baby Formula Lawsuits and are sensitive to the needs of clients whose children have been effected by this serious gastrointestinal disease.

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

Contact our NEC lawyers today for a free consultation.

Use the chatbot on this page to find out if you are eligible to file an NEC Baby Formula Lawsuit instantly.