Toxic Exposure

NEC Baby Formula Lawsuit

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New parents want what is best for their babies, especially when it comes to the nourishment they choose to provide. Many would be horrified to learn that the baby formula they trusted to help their little one grow may actually increase their infant’s chances of developing a severe gastrointestinal disease known as necrotizing enterocolitis (NEC).

In particular, premature babies appear to develop NEC at higher rates when fed formula that is made with cow’s milk when compared with preemies who consume breast milk, studies have found.

Our medical attorneys are reviewing allegations that certain formula products that claim to provide optimal nourishment for premature babies may actually worsen their health due to being a potential cause of NEC. Specific formula products that may be a concern are cow milk-based formulas fed at hospital NICUs and gifted from hospitals including:

  • Baby’s Only
  • Bobbie
  • Earth’s Best
  • Enfamil
  • Gerber
  • Go & Grow
  • Happy Baby
  • Holle
  • Kendamil
  • Lebenswert
  • Loulouka
  • Parent’s Choice
  • Similac

Contact a baby formula lawyer

If your baby developed NEC after consuming any of the products mentioned above, you may have a claim. Contact medical attorneys Fidelma Fitzpatrick or Carmen Scott by email or call 1.800.768.4026 for more information.

Symptoms of NEC

Necrotizing enterocolitis tends to develop within the first few weeks of an infant’s life. Newborns with the condition experience severe inflammation of the large intestine that can damage or even kill intestinal tissue. Weakened tissue makes the infants more susceptible to life-threatening infections as it allows bacteria to leak into the bloodstream or elsewhere in the body.

While any newborn can develop NEC, babies that are born prematurely are especially high risk. Symptoms of the disease may present differently depending on the infant, but can include:

  • Bloating or swelling of the abdomen
  • Difficulty feeding
  • Bloody stools
  • Bile in the stomach, or green-colored vomit
  • Trouble passing food through the intestines
  • Infection

Formula is more difficult to digest than breast milk, according to Stanford Children’s Hospital, and breast milk contains antibodies, enzymes and other substances that help premature babies fight infections. Preemies that are fed formula made with cow milk and do not receive breast milk are at a higher risk of developing NEC, according to the children’s hospital.

Our experience fighting for families and children

Motley Rice attorneys have worked for decades to see justice for children and families living with the lifelong effects of toxic and dangerous exposures. The firm’s experience includes representing women whose children have been affected by birth defects allegedly caused by medical drugs, including Effexor, Zofran and Zoloft. The firm achieved a $6 million verdict against Sherwin-Williams Co., E.I. DuPont de Nemours & Co., and Armstrong Containers, Inc., for three young Milwaukee, Wis., residents who suffered severe developmental delays caused by toxic lead paint exposure in childhood, and negotiated a $305 million settlement to fund lead paint cleanup and abatement efforts in 10 California communities. The firm also helped negotiate a $600 million settlement for residents of Flint, Mich., that resolved legal claims against the state for causing the contamination of Flint’s water supply with lead and other harmful substances.


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