Premature babies are often given cow’s milk-based formula at the hospital without proper warning to parents of potential health risks and even death. One of those potential health risks is Necrotizing Enterocolitis (NEC). NEC causes tissue to die, creating opportunities for bacteria to leak into the bloodstream, which can be very serious.
Lawsuits claim that proper warning was not given to many parents whose premature children suffered needlessly as a result of this oversight. If your baby was diagnosed with NEC, short bowel syndrome, or another gastrointestinal illness or injury after being given a milk-based formula, you may be entitled to substantial compensation.
Call The Goldwater Law Firm today for a free consultation. We can connect you with an Infant Formula NEC Lawyer in your area.
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NEC Infant Formula Lawsuit Updates
Here, we will provide any updates on the NEC infant formula lawsuit.
September 3, 2024
There are 571 cases in the MDL. The MDL only increased by 33 cases in August.
August 1, 2024
There are 538 cases in the MDL. The MDL increased by only four cases in July.
July 26, 2024
A St. Louis, Missouri jury ruled that Abbott Laboratories must pay $495 million to a girl who developed a dangerous gastrointestinal disease after consuming the company’s formula, according to an article in Reuters. The award included $95 million in compensatory damages and $400 million in punitive damages.
This award came in the first trial against Abbott.
July 19, 2024
According to Claims Journal, Abbott’s CEO Robert Ford says Abbott Laboratories has considered pulling its premature infant formula.
July 11, 2024
The first trial concerning Abbott’s infant formula started today.
July 1, 2024
There are 534 cases in MDL 3026. The MDL almost tripled in cases in June.
June 15, 2024
The MDL decreased by over 300 cases in May. There are now 180 cases in the NEC infant formula MDL.
June 2024
The first bellwether trial has been tentatively scheduled for May 2025.
May 1, 2024
There are 496 lawsuits in the MDL.
April 1, 2024
The MDL contains 453 lawsuits.
March 16, 2024
There are 405 infant formula NEC lawsuits in MDL 3026.
March 14, 2024
A jury in Illinois awarded $60 million to a woman who lost her premature baby to NEC after they were fed Enfamil. The jury found that Mead Johnson failed to disclose the risks of NEC related to its premature infant formula, according to Reuters.
February 1, 2024
The infant formula NEC MDL contains 389 cases.
January 2, 2024
The MDL only grew by three cases in December, increasing to 342 lawsuits.
December 15, 2023
The MDL increased to 339 cases in December.
December 2023
Judge Pallmeyer scheduled the four bellwether trials.
November 16, 2023
The MDL has 290 cases.
November 1, 2023
The MDL selected its four bellwether trials:
- Diggs v. Abbott Laboratories
- Etienne & Brown v. Abbott Laboratories
- Inman v. Mead Johnson & Co.
- Mar v. Abbott Laboratories
October 16, 2023
The MDL increased by 13 cases to 275.
September 15, 2023
There are 263 cases in MDL 3026.
August 15, 2023
There are 205 lawsuits in the MDL.
July 17, 2023
There are 191 cases in the MDL. Growth increased a bit, but not much.
June 15, 2023
Growth remains slow in the MDL, with the litigation only increasing by 14 lawsuits in May. There are 180 lawsuits in the MDL.
May 15, 2023
The MDL contains 166 lawsuits. It only increased by nine lawsuits in April.
April 17, 2023
The MDL contains 157 cases.
March 16, 2023
There are 122 lawsuits in the MDL.
March 3, 2023
A research letter in Pediatrics found that premature African-American babies are more likely to pass away from NEC than White babies.
February 16, 2023
There are 105 cases in MDL 3026 In Re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation.
June 27, 2022
The American Academy of Pediatrics recommended that new parents exclusively breastfeed their children for at least the first six months of life.
April 8, 2022
The existing cases were consolidated into MDL 3026 in the United States District Court, Northern District of Illinois. The case will be overseen by Judge Rebecca R. Pallmeyer.
March 21, 2022
A study by Cambridge University Press found that 95% of the advisory committee for the 2020–2025 US Dietary Guidelines for Americans (DGA) had conflicts of interest with members of the food and/or pharmaceutical industries. Both Mead Johnson and Abbott Laboratories “had connections with multiple members.”
Infant Formula NEC FAQs
What Is NEC?
Necrotizing enterocolitis (NEC) is a gastrointestinal disorder that affects premature infants. The disorder causes tissue inflammation which can lead to tissue death.
What Are the Symptoms of NEC?
The symptoms of necrotizing enterocolitis include:
- Refusing to eat
- Losing weight/no weight gain
- Lethargy
- Bloody diarrhea
- Yellow or green vomit
- Heart rate changes
- Blood pressure changes
- Body temperature changes
- Breathing changes
- Abdominal pain
- Abdominal swelling
NEC typically shows symptoms within two to six weeks after birth.
How Does Cow’s Milk-Based Formula Cause NEC?
Most of the babies who contract NEC are preterm infants. Due to being premature, these babies have underdeveloped gastrointestinal systems and are more vulnerable to infections and diseases like NEC. Doctors and researchers have not determined the exact cause of NEC in preterm infants; however, multiple factors can contribute, according to Advances in Nutrition.
How Will My Baby’s Doctor Diagnose NEC?
There are a few tests that your baby’s medical provider may do to diagnose necrotizing enterocolitis. First, they will examine your baby’s belly for swelling and any other symptoms. Then they may do any of the following:
- A fecal test: A fecal test will search for blood (both visible and non-visible) in your baby’s poop.
- A blood test: This test will identify bacteria in your baby’s blood.
- X-rays: An X-ray can find air bubbles in your baby’s abdomen. These gas bubbles can indicate a hole in their intestinal wall.
Is NEC Treatable?
In many cases, NEC is treatable. The first part of treatment is to stop formula feeding. Your doctor will then begin IV treatments. Other treatments may include:
- Antibiotics: Your baby may need antibiotics to treat any bacterial infections.
- Nasogastric tube: Your baby’s doctor will insert a tube through the nose or mouth that will suction out fluids and gas that your baby cannot expel.
- Ostomy: According to Cleveland Clinic, approximately 25% of babies diagnosed with NEC will need surgery. One surgery is called an ostomy procedure. During this procedure, the doctor will create a hole (called a stoma) in your child’s belly. They will then connect the large intestine to the stoma, which will drain into an ostomy bag. Once your baby is stronger, their doctor can reattach their large intestine.
- Drain placement: Some babies, especially those who are under one pound or too ill for surgery, will instead need a catheter to drain fluids and gas.
According to Cleveland Clinic, approximately 80% of babies diagnosed with NEC do survive. Some babies who were diagnosed with necrotizing enterocolitis live with long-term NEC-related conditions. Depending on the treatment required, medical costs can be over $300,000.
Are There Complications of NEC?
The complications of NEC can include:
- Developmental delays: Children who develop NEC, especially those who need surgery, can suffer poor neurodevelopmental outcomes and developmental delays.
- Growth failure: Children who develop NEC may have long-term effects on their ability to grow.
- Abdominal infections: NEC causes tissue to die, which can lead to a hole in the intestinal wall. Bacteria can enter through this hole and create an infection called peritonitis. Babies with peritonitis can also contract sepsis, which is life-threatening.
- Intestinal stricture: An intestinal stricture is a narrowing of the intestines. Strictures can be especially scary as these occur months after a baby has recovered from NEC. This bowel blockage can make it difficult for food to pass through the intestines. Your baby may need surgery.
- Short gut (or short bowel) syndrome: NEC often damages parts of or the entire intestine and can cause short bowel syndrome. Short bowel syndrome makes it difficult to absorb nutrients, which can negatively affect your child. They will need long-term care and may need tube feedings.
What Are the Complications of Short Bowel Syndrome?
According to StatPearls, short bowel syndrome causes malabsorption, which can lead to:
- Weight loss/no weight gain
- An imbalance of electrolytes
- Diarrhea
- Dehydration and malnutrition
- Steatorrhea
Is Short Bowel Syndrome Treatable?
Yes, you can effectively treat short bowel syndrome. However, it can also be disabling and lead to life-threatening complications.
Have Similac or Enfamil Been Recalled?
Abbott Laboratories recalled certain Similac formulations in 2022. However, that recall was not related to these lawsuits. Enfamil has not been recalled as of September 2024. We hope that the manufacturers will eventually do the right thing and recall these dangerous products.
Do All Types of Baby Formula Cause NEC?
As of September 2024, it appears that only cow’s milk-based infant formulas are linked to NEC. The following types of formula have been linked to necrotizing enterocolitis:
- Best Organic Baby Formula
- Enfamil
- HappyBaby Organic
- Similac Pro-Advance Baby Formula
- Up & Up Infant Formula
Are There Different Types of NEC?
There are several different types of NEC:
- Classic NEC: This type of NEC affects babies born before 28 weeks of pregnancy. Classic necrotizing enterocolitis is the most common type and typically occurs within the first three to six weeks of life.
- Transfusion-associated NEC: This type of necrotizing enterocolitis typically occurs after a baby requires a transfusion for anemia.
- Atypical NEC: This form of NEC occurs within the first week of a baby’s life.
- Term infant NEC: Term infant necrotizing enterocolitis affects full-term babies and is typically the result of a birth defect.
Hi, My Name Is Bob Goldwater.
I am the managing partner here at the Goldwater Law Firm. If your baby was diagnosed with necrotizing enterocolitis (NEC) after being given cow’s milk-based formula at home or at the hospital, I want to help you. My network of lawyers and I will work tirelessly to get you the compensation you deserve. If your law firm partner doesn’t win your case, you don’t owe them a dime. Time is of the essence, though. The sooner you call us, the better your chances of building a strong case to get the maximum payout. Get your free, one-on-one consultation today.
Frequently Asked Questions
The NEC lawsuits claim that the manufacturers of cow’s milk-based formulas knew about the risks associated with their formulas and failed to warn consumers.
These allegations are backed up by a Surgeon General’s warning from 2011. The Surgeon General’s Call to Action stated, “For vulnerable premature infants, formula feeding is associated with higher rates of necrotizing enterocolitis (NEC).”
The defendants in the NEC lawsuits are:
- The manufacturer of Enfamil
- The manufacturer of Similac Pro-Advance Baby Formula
- The manufacturer of Best Organic Baby Formula
- The manufacturer of Up & Up Infant Formula
- The manufacturer of HappyBaby Organic
You may qualify for an infant formula NEC lawsuit if:
- Your baby was born prematurely (between 23-36 weeks of pregnancy) and they developed NEC; or
- Your baby was diagnosed with short bowel syndrome (SBS), which was a result of surgery that your baby required due to an infection; or
- Your baby was diagnosed with a gastrointestinal illness, infection, or injury that required intestine removal surgery.
In all cases, your baby must have been given cow’s milk formula or cow’s milk fortifier.
An infant formula NEC lawsuit lawyer can help you determine whether you qualify.
This depends on the state in which you live. An infant formula NEC lawsuit attorney in your area can help you determine how long you have to act.
MDL 3026 In Re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation is a mass tort lawsuit that currently has hundreds of plaintiffs participating. An MDL, or multidistrict litigation, is a way for dozens (or hundreds or thousands) of plaintiffs to sue the same defendant or group of defendants without tying up the court with a large number of similar cases.
MDLs also allow plaintiffs to share resources. This is similar to a class action; however, there is one major difference between class action lawsuits and MDLs.
In a class action settlement or verdict, all plaintiffs divide the award evenly among themselves. This is true regardless of whether one plaintiff had $2,000 in medical bills and another had $350,000. With an MDL, each settlement or verdict is separate. This means that plaintiffs are able to get what they need.
MDL 3026 is being overseen by Judge Rebecca R. Pallmeyer in the United States District Court, Northern District of Illinois.
A bellwether case is essentially a test trial. It allows both the plaintiffs and the defendants to try out their arguments and see how a jury responds. A verdict in a bellwether trial does not legally affect any other cases in an MDL. However, if juries award high-value verdicts against the defendants in several of the bellwethers, the defense may be more likely to offer settlements in an attempt to avoid future losses.
There have not been any settlements in the necrotizing enterocolitis lawsuits. However, a couple of high-value verdicts have been awarded.
- $495 million: A Missouri jury awarded $95 in compensatory damages and $400 million in punitive damages to a young girl who developed NEC after consuming Abbott Laboratories’ Similac.
- $60 million: A jury awarded $60 million to a woman who lost her baby. Her baby, who was fed Enfamil after being born prematurely, passed away from NEC.
As of September 2024, there have been no settlements or verdicts in MDL 3026.
No amount of money can ever make up for what you and your baby have been through. However, compensation can give you the space you need to grieve your situation and cover your baby’s medical bills. You may be able to recover compensation for:
- Pain and suffering
- Other non-economic damages, such as loss of enjoyment of life
- Medical bills, such as surgery or treatment for necrotizing enterocolitis, short bowel syndrome, or another gastrointestinal diagnosis
- Lost income if you or your partner need to take time off work to care for your child
- Other miscellaneous expenses related to your child’s care
If you lost your baby to NEC, we hope you will accept our most sincere condolences. A wrongful death lawyer in your area can help you seek justice and recover medical bills, funeral and burial costs, and pain and suffering damages.
Focusing on a lawsuit is the last thing you need to be doing right now. You are handling an incredibly stressful, scary situation and should be focused entirely on your baby and your family. Our law firm partners will handle every aspect of your case, including:
- Gathering evidence
- Speaking with medical experts
- Identifying your damages
- Filing the necessary paperwork to join the MDL
- Negotiating for a settlement
- Representing you in court
- Managing all communication with the defense and their legal team
When you work with an injury firm, you don’t need to do anything but help your family.
We work on a contingency fee basis, so we’re paid from the settlement or verdict amount. There are absolutely no upfront or out-of-pocket payments. We don’t get paid unless you get paid.
First, fill out our form or call us to see if you qualify. If you do, the next step is to sign up with our law firm, or a case review specialist will contact you for more information. We’ll handle everything from there, including connecting you with a law firm partner in your area. They will gather documentation, file paperwork, and work to get you the best settlement possible.
Our main office is located in Phoenix, Arizona, but we partner with law firms that represent people all over the United States. We can help you no matter where you are—you don’t even have to leave your house!
Contact Us Now For Your Free Infant Formula NEC Lawsuit Case Consultation
If your baby was diagnosed with Necrotizing Enterocolitis (NEC), SBS, or another gastrointestinal injury after being given a cow’s milk-based formula, you may be entitled to substantial compensation. Call The Goldwater Law Firm today for a free consultation. We can connect you with an infant formula NEC lawsuit attorney in your area.
We work with the biggest and most successful firms across the nation, so you can be confident in your case.