What You Need to Know About the NEC Baby Formula Lawsuit

newborn feet

A growing family is happy to celebrate the birth of a child. The things parents buy for their kids should give them confidence that their kids will be safe and healthy. Baby formula is often safe for many infants. Infant formula is heavily regulated, so recalls are uncommon, despite the occasional one for problems like insufficient iron or manufacturers facing criticism for failing to recall formulas containing metal contamination. Yet, there are other threats that parents of newborn children should be aware of in addition to pollutants and chemicals. Particularly, parents of preterm newborns should be informed of the risks associated with the health problems that cow’s milk-based infant formula can cause in their children. We will go over everything you need to know about it in this text.

Necrotizing Enterocolitis: What Is It?

If your child is a newborn, you need to be aware of the types of baby formula that can increase their chance of contracting this illness. To that end, a link between NEC and baby formula has recently been found in studies on health. Infants’ intestines are affected by the condition known as necrotizing enterocolitis or NEC. When newborns are given formula that contains cow’s milk rather than only human breast milk, NEC most frequently happens. When germs from cow’s milk in infant formula invade an infant’s bowel, it results in necrotizing enterocolitis. This infection can cause intestinal tissue inflammation and ultimately result in a perforation of the gut if it is not treated. Fecal matter or other digestive fluids can flow out of a perforated intestine and into the belly, leading to sepsis, which can be fatal. One of the most common gastrointestinal conditions that kill infants is NEC.

Some signs of necrotizing enterocolitis in infants include:

  • difficulty feeding,
  • a bloated, red, or sensitive stomach,
  • diarrhea and/or red or black feces (poop),
  • being unmotivated or sleepy,
  • bradycardia,
  • low or fluctuating body temperature,
  • emerald vomit (containing bile),
  • apnea,
  • low blood pressure.

The signs of NEC might differ from newborn to newborn and resemble those of other digestive issues.

Why Do People Bring Lawsuits About Baby Formula?

Baby formula lawsuits are being filed by people who say the manufacturer failed to tell them that the product could raise the likelihood that preterm infants will suffer necrotizing enterocolitis or NEC.

According to infant formula lawsuits, studies from as early as 1990 demonstrate that NEC is six to ten times more prevalent in purely formula-fed newborns than in babies who were breastfed. Compared to preemies that were breastfed, it can occur up to 20 times less frequently in formula-fed preemies.

According to litigation involving baby formula, the manufacturer was aware that preterm infants who ate cow’s milk formulas like Similac and Enfamil had a higher risk of having NEC. Parents and other family members are suing for money to cover medical costs, the loss of life quality for their child, funeral costs for newborns who died from complications related to NEC, and other losses.

The Baby Formula Lawsuits’ Impact on Families

The families most impacted by baby formula lawsuits are the ones whose premature infants acquired NEC after being fed Similac or Enfamil baby formula in the home after discharge or in the hospital.

Manufacturers have a 40% market share in infant formula sales in the United States and develop unique products to aid in the recovery and weight gain of preterm babies. These infant formulas will probably be given to premature infants in the NICU who are healing.

newborn sleeping

One baby started consuming donor or breast milk in the NICU, according to a 2022 Enfamil lawsuit. Following that, he switched to Enfamil Premature Baby Formula 24 Calories. His diet was changed by doctors to one that only included formula. 

Only a few days later, the infant had NEC, and the formula was discontinued. Together with sepsis and abdominal distension, he experienced major consequences. He underwent two open intestinal procedures and had four hospital admissions for NEC. The situation left the baby’s mother in a terrible emotional and financial bind for over six months while she was unable to bring him home.

What Are the Estimated Settlement Amounts for NEC Baby Formula Lawsuits?

These product liability claims involving NEC infant formula are recent. Yet, families have long been bringing medical malpractice claims in cases of necrotizing enterocolitis. As a result, if these claims are successful, the history of settlement compensation can help us determine potential settlement amounts.

An NEC preemie case with a favorable outcome typically results in a multimillion-dollar judgment. If the plaintiffs prevail in these trials, infant formula attorneys predict comparable compensation payments.

But neither the Similac or Enfamil claims are anticipated to go to trial, according to attorneys. Lawyers, however, believe that the manufacturers of these infant formulas will attempt to settle as many NEC complaints outside of court as they can.

Is the Baby Formula NEC Complaint a Class Action Lawsuit?

Yes, a class action case against NEC is currently proceeding in Illinois. This implies that your NEC infant formula action will be relocated to federal court in Illinois if you file in federal court in Texas, California, New York, or any other state.

Yet, even though there aren’t many thousands of plaintiffs, the infant formula allegations could develop into a class action. Also, even if the size of the litigation can be low, the settlement sums might be very large. Due to the severe nature of the injuries in many NEC instances, the typical individual settlement compensation amount in the baby formula claims may be remarkable.

How to Start a Baby Formula Lawsuit?

Identifying whether your premature baby took baby formula before developing NEC is the first step in launching a claim. If you want to bring a case, you should employ a qualified attorney rather than do it yourself.

  • Step 1: Locate a knowledgeable product liability attorney.
  • Step 2: Your attorney will file your complaint on behalf of your family.
  • Step 3: Your attorney will gather proof to support your claim.
  • Step 4: Your attorney will keep in touch with the defendants and the judge while continuing to complete all required court paperwork.
  • Step 5: Your attorney will put your case together for trial or engage in settlement talks.

These claims may be challenging, intricate, demanding, and emotionally taxing. A lawyer can guide you through the procedure and make things simpler for your family.

Every parent’s worst nightmare is to spend their newborn’s first and most precious moments battling for his life in the hospital, no less or no more than because of baby formula. But in those circumstances, it’s unquestionably better to pursue justice in court and receive recompense. You have all the knowledge you require in this article, so if you or a member of your family finds themselves in this predicament, know that the law is on your side. Good luck!