When parents feed their newborns, they trust that the formula they’re using is safe and nutritious. Unfortunately, for some families, that trust has been broken.
For years, major baby formula companies have sold products without properly warning parents about the risks. Scientific studies have linked these formulas to an increased risk of necrotizing enterocolitis (NEC) in premature infants, yet manufacturers continue to market them as safe alternatives to breast milk.
If your baby has suffered due to NEC, you may be eligible to take legal action. Filing a baby formula lawsuit can help hold formula companies accountable and provide financial relief for medical expenses, long-term health complications, and emotional distress.
At Rikard & Protopapas, we are helping families pursue justice through the NEC baby formula lawsuit. If your child was diagnosed with NEC after consuming baby formula, contact us at 803-978-6111 for a free consultation, and let’s discuss how we can help you seek justice for your child.
What Is NEC From Baby Formula?
Necrotizing enterocolitis (NEC) is a serious and potentially life-threatening condition that affects the intestines of premature and low-birth-weight babies. It causes inflammation in the gut, which can lead to tissue damage and, in severe cases, a hole in the intestine. When this happens, bacteria can leak into the abdomen and bloodstream, leading to dangerous infections.
NEC is most common in premature infants because their digestive systems are still developing and are more vulnerable to complications. The condition can progress quickly, sometimes requiring emergency surgery to remove damaged portions of the intestine. In the most severe cases, NEC can lead to long-term health issues or even be fatal.
The Link Between NEC and Baby Formula
Many infant formulas are made with cow’s milk as a base. While premature and underweight babies may require supplemental nutrition, research suggests that feeding them cow’s milk-based formulas significantly increases their risk of developing necrotizing enterocolitis (NEC).
Studies show that preterm infants who are fed formula are much more likely to develop NEC than those who receive breast milk. While full-term babies can develop NEC, the disease is far more common in premature infants.
Experts believe this increased risk is due to the underdeveloped lungs and intestines of babies born before 37 weeks. These infants often struggle with sucking and swallowing, making breastfeeding more challenging.
Additionally, preterm babies have weaker immune systems and difficulty digesting food. Research suggests that cow’s-milk-based formulas may contribute to NEC by placing stress on the immature intestines, triggering an inflammatory response.
Which Baby Formulas Are Impacted?
Two of the most widely recognized brands that manufacture cow’s milk-based formulas and fortifiers associated with NEC are Enfamil and Similac. These brands, produced by Mead Johnson & Company and Abbott Laboratories respectively, offer multiple products that have been implicated in NEC cases.
Enfamil Baby Formula (Mead Johnson & Company)
The following Enfamil products contain cow’s milk-based ingredients that may contribute to NEC in premature newborns:
- Enfamil Human Milk Fortifier Acidified Liquid
- Enfamil Human Milk Fortifier Liquid High Protein
- Enfacare Powder
- Enfamil 24 & DHA & ARA Supplement
- Enfamil Human Milk Fortifier Powder
- Enfamil Milk Fortifier Liquid Standard Protein
- Enfamil Premature 24 Cal/fl oz HP
- Enfamil Premature 30 Cal
- Enfamil NeuroPro Enfacare
- Enfamil Premature 20 Cal
- Enfamil Premature 24 Cal
Similac Baby Formula (Abbott Laboratories)
Similac products that contain cow’s milk-based components and are linked to NEC include:
- Similac Human Milk Fortifier Hydrolyzed Protein – Concentrated Liquid
- Similac Human Milk Fortifier Powder
- Similac Liquid Protein Fortifier
- Similac Alimentum
- Similac Alimentum Expert Care
- Similac NeoSure
- Similac Human Milk Fortifier
- Similac Human Milk Fortifier Concentrated Liquid
- Similac Special Care 24 High Protein
- Similac Special Care
- Similac Special Care 24
- Similac Special Care 30
- Similac Special Care 20
Legal Claims in an NEC Lawsuit
Parents and caregivers filing an NEC baby formula lawsuit may pursue legal claims based on the following:
- Negligence: Manufacturers must ensure their products are safe. A breach of this duty can lead to serious harm.
- Failure to Warn: Companies are responsible for providing clear warnings about potential risks associated with their products, as well as proper usage instructions.
- Design Defects: Safer alternative formulas exist, yet manufacturers continue to sell products with known risks.
- Intentional & Negligent Misrepresentation: Baby formula products were falsely marketed as human milk supplements, misleading consumers who did not realize they contained cow’s milk.
- Consumer Fraud & Deceptive Practices: Aggressive marketing campaigns misrepresented cow’s milk-based formulas as a safe alternative to breast milk, putting infants at risk.
- Loss of Consortium: Families may suffer the loss of love, companionship, and support due to harm caused by the product.
- Wrongful Death & Survival Actions: If NEC leads to a child’s death, surviving family members can seek justice through legal claims against the responsible parties.
Qualifications For Baby Formula Lawsuit
If your child developed NEC after consuming Enfamil or Similac formula, you may qualify for legal action. Here are key factors that could determine your eligibility:
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Your Baby Was Born Prematurely or Had a Low Birth Weight
NEC predominantly affects premature infants, particularly those born before 37 weeks of gestation or those with a low birth weight (under 2,500 grams or 5 pounds, 8 ounces). If your baby was born early or had a low birth weight and was fed Enfamil or Similac formula, this could be a significant factor in your case.
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Your Baby Was Fed a Cow’s Milk-Based Formula
Most NEC lawsuits involve infants who consumed cow’s milk-based formulas, such as those produced by Enfamil and Similac. If your baby was given these formulas either in the hospital’s neonatal intensive care unit (NICU) or at home, and later developed NEC, you may have a valid claim.
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Your Baby Was Diagnosed with NEC
A confirmed diagnosis of NEC is essential for pursuing a lawsuit. Medical records, hospital reports, and physician documentation verifying your baby’s condition will serve as critical evidence in your case.
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Your Baby Suffered Serious Health Complications
The severity of your baby’s illness can impact your eligibility and potential compensation. NEC can lead to serious medical complications, including:
- Surgical removal of damaged intestines
- Sepsis or life-threatening infections
- Permanent digestive disorders
- Long-term nutritional deficiencies
- Developmental delays or disabilities
- Fatalities in severe cases
If your child required extensive medical treatment or surgery or suffered long-term health issues due to NEC, this could strengthen your legal claim.
Do I Need an Attorney?
Filing a lawsuit against baby formula manufacturers can be an intricate and challenging process. An attorney experienced in baby formula litigation can provide invaluable assistance by guiding you through every stage of the legal process.
Initially, a thorough assessment of legal viability is crucial to determine whether you have a strong claim. Then, an attorney assesses compensation, identifying all possible damages. Next, an attorney will determine the appropriate jurisdiction and venue based on where the harm occurred and where the manufacturer is based.
As many baby formula lawsuits are part of larger, consolidated multi-district litigation (MDL) cases, an attorney will get to grips with the intricacies of the case, as well as the appropriate state-specific laws.
An attorney will prepare for motions to dismiss or procedural tactics and counter these while drafting and filing court documents on time.
You’ll be advocated for in court hearings, and settlements will be negotiated to achieve maximum compensation, if this is what you decide.
Contact Rikard & Protopapas
Filing a baby formula lawsuit may seem overwhelming, especially when you’re already dealing with the challenges of caring for a child with NEC. That’s why having the right legal team on your side is crucial.
At Rikard & Protopapas, we understand the emotional toll this situation takes on families, and we are here to make the legal process as stress-free as possible. We will handle the details of your case while you focus on your child’s health and well-being.
If you’re unsure whether you have a case, it’s important to reach out and explore your legal options. Our team will listen to your story, evaluate your claim, and provide honest guidance about the next steps.
Contact us at 803-978-6111 for a free consultation, and let us help you take the first step toward justice.