Baby Formula NEC Lawsuits

Parents of premature infants diagnosed with NEC are filing infant formula lawsuits against Mead Johnson (Mead) and Abbott Laboratories (Abbott). These companies manufacture Similac and Enfamil baby formulas. NEC is a gastrointestinal condition that causes intestinal tissue to die. NEC can lead to serious abdominal and blood infections. In some cases, it may be fatal.

These lawsuits state that Mead and Abbott should have warned consumers about the increased risk of NEC when they feed their cow-milk based formula to premature infants.

Our medical attorneys are reviewing these allegations. If your child has been affected by NEC after consuming formula products, we may be able to help with filing a lawsuit.

Brands involved in baby formula NEC lawsuits

Research indicates that cow-milk based baby formulas are more likely to lead to NEC in premature babies. Specific formula products that may be a concern for premature babies include:

If you use these or other bovine formulas to feed your premature infant, you may wish to speak with your doctor. If you use these or other bovine formulas to feed your premature infant, you may wish to speak with your doctor.

Necrotizing enterocolitis (NEC) is a condition that inflames gastrointestinal tissue. This causes the tissue to die, which can lead to perforations or tears in the intestinal wall. Weakened intestinal tissue from NEC allows bacteria to leak into the bloodstream and body. This makes infants more susceptible to life-threatening infections. 

While any newborn can develop NEC, babies born prematurely develop it more often. NEC affects 1 in 1,000 preemies and only 1 in 10,000 full-term infants. It is also more common in infants with low birth weights, whether premature or not. About 90% of the babies who get NEC are premature or have low birth weights. 

Symptoms of NEC 

Symptoms of the disease may present differently depending on the infant. Some infants may only experience mild cases and associated symptoms. Other infants have more serious symptoms. 

NEC symptoms include:

• Abdominal bloating, swelling or pain
• Changes in basic bodily functions (blood pressure, heart rate, temperature and breathing)
• Diarrhea with bloody stool
• Difficulty feeding and weight loss
• Green or yellow-colored vomit
• Lethargy

If your baby or a baby you care for is exhibiting these symptoms immediately seek a doctor’s help.

Doctors and researchers don't fully understand what causes NEC. Stanford Children's Hospital research says babies who are not fed human breast milk are more likely to develop it. 

If your baby has developed NEC after being fed Enfamil or Similac baby formulas, you may have a case. Baby formula lawyers can help you explore a NEC lawsuit.

In addition to the concerns over NEC, Abbott has a history of issues with its baby formula products. In February 2022, Abbott issued a voluntary recall of its Similac, Similac PM 60/40, Alimentum and EleCare baby formula products. The company recalled the products after multiple complaints. The complaints included: 

• Cronobacter sakazakii and Salmonella Newport bacterial infections
• Gastrointestinal ailments
• At least one death

Parents can locate the lot number printed on their baby formula container to determine whether it was included in the recall. Abbott recalled Similac, Alimentum and EleCare powder formulas with the following lot codes and expiration dates:

• Lot codes with the first two digits 22 through 37
• Lot codes containing K8, SH or Z2
• Expiration dates of April 1, 2022 (4-1-22) or later

Later in February 2022, Abbott also recalled the following Similac PM 60/40 products:

• Cans containing lot code 27032K80
• Cases containing lot code 27032K800

The bacteria reported in these Abbott products can cause serious infections. The Federal Food and Drug Administration (FDA) followed up both of Abbott’s voluntary recalls with formal recalls of its own.

If you or another caregiver observe these symptoms in your baby, take the baby to a healthcare provider as soon as possible.

In December 2023, the FDA announced that Reckitt/Mead Johnson Nutrition voluntarily recalled certain batches of their Nutramigen Hypoallergenic Infant Formula Powder. These are the affected batches of the baby formula:

• ZL3FHG (12.6 oz cans)
• ZL3FMH (12.6 oz cans)
• ZL3FPE (12.6 oz cans)
• ZL3FQD (12.6 oz cans)
• ZL3FRW (19.8 oz cans)
• ZL3FXJ (12.6 oz cans)

The products have a UPC Code of 300871239418 or 300871239456 and “Use By Date” of 1 Jan 2025.

If you have any Nutramigen Hypoallergenic Infant Formula Powder with those batch codes, you should not use them. Remove the product to a safe area where it cannot accidentally be used. But, saving the packaging could be an important piece of evidence in a lawsuit. You can also contact Reckitt/Mead Johnson Nutrition for a refund.

The FDA has not received reports of illnesses related to this Nutramigen recall. Public health agencies in other countries detected a pathogen in the formula, Cronobacter sakazakii, which prompted the recall. 

Cronobacter sakazakii occurs naturally. It can enter factories and homes via hands, shoes and other contaminated surfaces. 

Parents are filing lawsuits against baby formula makers Mead Johnson and Abbott Laboratories for failing to warn them about the risk of NEC when premature babies are fed their cow-milk based formulas. 

These lawsuits include multiple products across the Enfamil (by Mead Johnson) and Similac (by Abbott) brands. Parents/guardians are seeking compensation for their emotional distress, the harms caused to their infants and financial losses associated with NEC. 

If you have a premature infant who was diagnosed with NEC after being fed Similac or Enfamil products, you may be eligible to file a baby formula lawsuit.

Is there a NEC class action lawsuit? 

No, the NEC baby formula cases are not considered a class action lawsuit. They are a similar type of mass tort lawsuit called multidistrict litigation (MDL). There is a separate baby formula class action lawsuit for issues related to Abbott’s recall. However, this is not connected to the NEC baby formula lawsuits.

Most of the NEC lawsuits are collected in a MDL docket in the Northern District of Illinois. This does not mean parents have to live in Illinois to file a lawsuit. MDLs organize multiple lawsuits against the same defendants into one court. This can help establish common facts and expedite the legal process. 

The NEC baby formula lawsuits are a part of MDL 3026 In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation. As of December 2024, there were 626 pending actions in the docket. Many other cases are filed in similar consolidations in various state courts, including Illinois and California.

Our law firm may be able to help you file a Similac or Enfamil lawsuit. We have experience helping plaintiffs fight for justice against the manufacturers of defective products.

Toxic baby food lawsuit

A toxic baby food lawsuit is currently organized as an MDL. It is unrelated to the NEC baby formula lawsuit, but the two can be confused because of the similar names. In the baby food lawsuit, plaintiffs allege that major baby food manufacturers knowingly manufactured and sold baby foods containing toxic heavy metals. Defendants include:

• Beech-Nut Nutrition Company 
• Gerber Products Company
• Hain Celestial Group (Earth's Best Organic)
• Nurture (Happy Family Organics and HappyBaby)
• Plum Organics
• Sprout Foods (Sprout Organics)
• Walmart (Parent's Choice)

The baby food and baby formula mass torts are not related. 

Here is a summary of key milestones and updates in the NEC infant formula lawsuits.

Here are questions that people often ask about the NEC infant formula lawsuits.

When will the NEC lawsuit be settled?

There is no proposed settlement for the NEC baby formula lawsuits. As of July 2024, the MDL docket is still active and cases are proceeding. It’s difficult to put an exact timeline on mass tort litigation. 

NEC baby formula lawyers continue to examine the applicable laws and scientific evidence. Many law firms are still accepting new cases in the MDL against baby formula manufacturers.

What is the statute of limitations for an NEC lawsuit?

State governments set the statute of limitations for product liability lawsuits such as the NEC infant formula lawsuits. Some states set a statute of limitations as short as one year, while others might be six years. 

If you believe tainted baby formula caused your child to develop NEC, contact a baby formula attorney. They can provide a case evaluation to see if you’re within your state’s statutes of limitations. 

What are the Enfamil and Similac lawsuit qualifications?

You might be eligible for financial compensation from a NEC infant formula lawsuit if your situation matches certain criteria. Typical eligibility requirements include:

• You have a child who was born prematurely and your preterm baby was diagnosed with NEC or a related bowel or gut condition
• Your premature infant was fed Similac, Enfamil or other cow milk-based products before being diagnosed with NEC

What is the payout for an NEC lawsuit?

There is no set award or settlement amount for NEC lawsuits. Lawsuit awards are up to the judge and jury and take the facts of the case into account. Settlement offers for plaintiffs will also vary depending on the nature of the injuries. In the first case to go to trial as part of the MDL, a jury awarded a $60 million verdict to a mother whose baby died from NEC. The plaintiff is not represented by Motley Rice. 

Motley Rice attorneys have worked for decades to seek justice for children and families living with the lifelong effects of toxic and dangerous exposures. 

The firm’s additional experience includes:

• Representing parents whose children have birth defects allegedly caused by medical drugs, including Effexor, Zofran and Zoloft
• Negotiating a $305 million settlement to fund lead paint cleanup and abatement efforts in 10 California communities. Lead exposure greatly impacts children.
• Investigating product liability claims, including harms caused by medical devices like glucose monitoring systems and intrauterine devices (IUDs). 
• Negotiating a $600 million settlement for residents of Flint, Michigan, that resolved legal claims against the state for allegedly causing the contamination of Flint’s water supply with lead and other harmful substances

Learn more about our experience with toxic exposure lawsuits.

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