Parents of premature infants diagnosed with necrotizing enterocolitis (NEC) after using toxic baby formulas may be eligible to file a lawsuit. NEC lawsuits cite several Similac and Enfamil formulas. In July 2024, a St. Louis jury awarded $495 million to the family of an infant who developed NEC after being fed Similac.
As of November 2024, there were 624 active baby formula necrotizing enterocolitis lawsuits pending in MDL 3026 before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois.
While there are still no approved settlements or jury verdicts in the Illinois MDL, a state court case in Illinois ended in a $60 million plaintiff’s verdict in March 2024, and in July 2024, a Missouri jury awarded $495 million to NEC baby formula plaintiffs. An October 2024 trial in Missouri ended in a win for the defendants.
A trial schedule proposed in October has the first bellwether trial starting on May 5, 2025.
Judge Matthew Kennelly presides over a separate Abbott MDL, no. 3037. This MDL is also in Illinois and is related to bacterial contamination of Abbott’s baby formulas. It does not have anything to do with NEC claims.
NEC baby formula lawsuits are claims parents filed because infants developed necrotizing enterocolitis after consuming Similac or Enfamil cow’s milk baby formula. Necrotizing enterocolitis, or NEC, is a serious gastrointestinal disease that causes intestinal tissue death and could lead to serious health problems or death.
Studies have shown premature babies fed cow’s milk baby formula have an increased risk of developing NEC. An NEC lawsuit for baby formula claims baby formula makers Abbott and Mead Johnson knew about the risk but failed to warn the public and continued to sell the dangerous products.
In April 2022, judges consolidated Similac and Enfamil lawsuits from across the country into multidistrict litigation in the Northern District of Illinois under MDL number 3026.
These cases all claim that “cow’s milk-based infant formula products marketed under the Similac and Enfamil brand names have a higher propensity to cause necrotizing enterocolitis (NEC) in infants born prematurely than other, allegedly safer alternatives,” according to the case transfer order.
Parents or caregivers of premature babies who developed NEC after consuming Similac or Enfamil cow’s milk baby formulas may qualify to file an NEC baby formula lawsuit.
Babies may have consumed Similac or Enfamil in the hospital. Parents may have taken formula from the hospital or bought formula after bringing their preemie home.
Lawyers encourage parents and caregivers to keep all medical records, receipts and formula packaging for evidence in their case. If you don’t know if your baby was fed Similac or Enfamil, your lawyer may be able to help get this information.
The exact worth of Enfamil and Similac baby formula lawsuits has yet to be determined, though lawyers speculate the value could be in the millions. But in March 2024, a state court jury in Illinois awarded $60 million to a mother who lost her child after the infant developed NEC following feeding with Enfamil.
It’s important to note that parents and caregivers don’t have any guarantee of receiving a specific amount of compensation. The severity of injuries, cost of financial or physical damages and other losses may influence how much a baby formula case is worth.
After the first bellwether cases happen in 2025, lawyers will have a better idea of how much baby formula cases could be worth. Jury verdicts after bellwether trials could lead to global baby formula settlements.
Similac and Enfamil baby formulas have not been recalled for NEC. However, Abbott issued a baby formula recall for potential bacterial contamination in February 2022 after some babies died from infections.
The recall included certain lots of EleCare, Similac and Alimentum baby formulas from Abbott’s factory in Sturgis, Michigan. The U.S. Food and Drug Administration found several strains of Cronobacter sakazakii at the plant during its March 2022 inspection, but it didn’t find any bacteria in product samples.
Cronobacter can cause serious illness in infants, including death. Symptoms of Cronobacter infection include jaundice, irritability, temperature changes, grunting breaths, poor feeding and excessive crying. Contact your child’s physician right away if you suspect infection.
Parents can see if their formula is included in the recall by entering lot numbers on Abbott’s recall website.
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