Infant Formula NEC Attorney

Let The Goldwater Law Firm Review Your Child’s Infant Formula NEC Case 

At The Goldwater Law Firm, our law firm partners nationwide are representing families whose children suffered serious gastrointestinal injury because of risks linked to cow’s milk-based baby formula. 

We have a long history of helping families get results in cases where a company profited off a harmful product. We are one of the most widely recognized law firms in the United States and have a reputation for getting results for our clients. We are currently helping families in all 50 states understand their rights and pursue compensation in NEC baby formula cases, including the ongoing mass tort. 

We understand how vital a payout is to your family if your child has ongoing health concerns due to NEC. It is only natural to be scared, angry, and frustrated about their diagnosis, the struggles they face, and how stressful this is for your family. We want you to understand that you have options, and our law firm partners will fight for the compensation you need to pay for your child’s care. 

We Fight Corporate Greed

We believe in making corporations pay for their irresponsibility. This is especially true when the injured victims are premature babies who already face enough challenges in their first weeks and months of life. When a product increases their risk of a severe infection that could leave them with lifelong health concerns, this is not okay. 

We have strategic partnerships with law firms nationwide who are representing plaintiffs in multidistrict litigation against formula manufacturers. Contact us today for a free case evaluation. We can connect you with a co-counsel near you who will represent you based on contingency. 

Your Infant Formula NEC Lawyer Can Help You Understand the Lawsuit 

The basis of the infant formula lawsuit is that research links specific baby formulas—those made with cow’s milk—to a significantly greater risk of developing necrotizing enterocolitis and other serious gastrointestinal infections in premature and very low birth weight babies. These babies may then suffer significant side effects, including long-term issues related to short-bowel syndrome (SBS). 

Our team can assess your options based on your story and child’s medical history. In general, if your premature baby was born in or after 2007, was fed cow’s milk formula, and developed NEC or another gastrointestinal illness, you may qualify.

As a part of building a case, you will need to have medical records or hospital notes that show your child received the type of formula that is the focus of this case. The primary defendants are: 

• Abbott Laboratories (Similac)
• Mead Johnson & Company (Enfamil)

The specific formulas listed in the lawsuits include: 

• Best Organic Baby Formula
• Similac Pro-Advance Baby Formula
• Enfamil formula
• Up & Up Infant Formula
• HappyBaby Organic

Infant Formula NEC Attorneys Are Representing Clients in a Mass Tort

Our law firm partners represent clients in the mass tort filed against the formula manufacturers, officially known as MDL 3026 IN RE: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation. This multidistrict litigation (MDL) is currently underway in U.S. District Court. 

The U.S. Judicial Panel on Multidistrict Litigation consolidated the lawsuits against the formula manufacturers in MDL 3026 in April 2022. This case is now under the oversight of the Honorable Judge Rebecca Pallmeyer in the Northern District of Illinois. 

You can still file your claim and join MDL 3026 based on your child’s injuries. More plaintiffs file lawsuits or join the MDL each month. As of September 3, 2024, the U.S. Judicial Panel on Multidistrict Litigation shows 571 lawsuits active in the mass tort. 

How Does Multidistrict Litigation Work?

Multidistrict litigation consolidates dozens, hundreds, or thousands of similar lawsuits into a mass tort. It treats it as a single case (or a few cases) for the initial phases of the process. This includes: 

• Pretrial Motions: The actions that determine the groundwork for how the case will proceed, who will represent each side, and the timetable for moving forward with the case 
• Discovery: The investigation into the case facts and exchange of information between the parties, often including special days where the parties share information with the court to help the judge understand the science behind the case
• Bellwether Trials: The initial trials in the case to be held under the oversight of the MDL judge, allowing each side to try out their arguments and see how a jury reacts to the evidence in the case

As of September 2024, MDL 3026 is still in pretrial motions and discovery. However, they have selected the first four cases to serve as bellwethers. Some or all these cases will go to trial in U.S. District Court. The outcome of each case will not have any bearing on the other cases directly, but these verdicts often influence settlement talks. 

Understanding the Role of Your Attorney in a Mass Tort

When you participate in multidistrict litigation, there are lawyers representing the group of plaintiffs as a whole. They handle the primary tasks in the courtroom and the hands-on management of the case. 

In addition to these attorneys managing the case, you will want to have your own defective product lawyer on your side, whose job is to fight for your best interests. They can give you personalized attention and ensure your questions are answered. They remain up to date on the happenings in the MDL and can explain why they matter to you. 

If settlements occur in the case, they will offer advice and seek the money your family deserves. Their job is to represent you and what is best for your family. This is important because other attorneys in the case have their own priorities, which may or may not be what is best for your child’s future.

How Much Can an Infant Formula NEC Attorney Recover for My Family?

This is one of the questions our attorneys are most frequently asked. It is difficult to predict how much an NEC infant formula lawsuit might be worth at this time. The case needs to be further along to know what settlement offers might look like, how they could work, or even when they might occur. Mass tort settlement offers based on defective products are generally handled through global, tiered, or individual agreements. 

Your infant formula NEC attorney will focus on ensuring the money you recover in the case will cover your family’s expenses and losses as well as any future care your child may need because of SBS or another related chronic condition. 

The lawyer will gather evidence to show the costs your family incurred to treat your newborn and manage their condition. This could include: 

• Medical treatment, hospitalization, surgery costs, and symptom management
• Future care and support needs for the life of the child, if necessary
• Lost income and other financial losses due to extended hospital stays and traveling for treatment
• Related expenses
• Pain and suffering, including physical and emotional struggles

While there is no way to predict a settlement value in the mass tort at this time, two cases went to trial in state court in 2024. In both cases, the jury issued a verdict on behalf of the plaintiffs. 

• $60 Million: An Illinois jury ordered Mead Johnson to pay the family of a baby who died from NEC $60 million in damages. (Reuters)
• $495 Million: A Missouri jury ordered Abbott Laboratories to pay $495 million—including $400 million in punitive damages—in the case of a young girl living with lasting injuries because of NEC. (Fox2Now)

While this type of settlement cannot be expected for each plaintiff in MDL 3026, it does show that juries are hearing the case facts and agreeing with the families. 

How Can an Infant Formula NEC Lawyer Help My Family Get Justice?

Families should not have to carry the financial burden of paying for their child’s care when a huge corporation profits from the same dangerous or defective product that caused the baby’s injuries. If your child suffered pain, invasive surgeries, and has lasting effects from a serious gastrointestinal infection linked to cow’s milk-based formula, you have options. 

Working with an infant formula NEC lawyer ensures you have the legal representation you deserve. They will use their experience, knowledge, skills, and resources to fight for your best interests. This is not something you want to try to handle on your own or use a lawyer unfamiliar with multidistrict litigation or mass torts. You want someone who knows how to navigate the process—and win. 

When you hire a mass tort lawyer to handle your case, you will receive: 

• An advocate who will fight for you and your child throughout the process
• Someone who can answer your questions as they arise
• A negotiator who can seek fair compensation on your behalf
• A staff who knows you and your child’s story and offers compassion and support
• A lawyer who will tirelessly gather evidence and documentation to bolster your case

Our law firm partners are among the country’s largest and most successful firms. You can count on your attorney to handle your case from start to finish and ensure you have the personalized attention you need every step of the way. 

You Only Have a Limited Time to Hire an NEC Baby Formula Lawsuit Attorney

Each state sets a statute of limitations, creating a deadline for suing a party who wronged you. Some states have one-year statutes of limitations, most have two- or three-year periods to sue, and some offer four or more years. 

These deadlines can sometimes be complex depending on the case facts and wording of the applicable laws, especially when the injured party is a child. However, you must meet the deadline in your case. Missing it could bar you from recovering compensation and getting justice. 

Our team can assess your eligibility based on the deadline set by your state, and our co-counsel—your infant formula NEC lawyer—will confirm this once they step in to manage your case. It is in your best interests to act quickly to contact us for a free, confidential consultation and take action to join the mass tort as soon as possible.