What is Necrotizing Enterocolitis? The death of intestinal tissue is known as necrotizing enterocolitis. Premature infants are those primarily affected by NEC. The tissues in the lining of the intestinal wall can die and fall off as a result of NEC, which typically begins between two and six weeks following birth. NEC is believed to be caused by the use of cow’s milk-based formulas. Since premature and low birth weight infants need additional nutrition, formulas like Enfamil and Similac are often given to these newborns.

Unfortunately, the underdeveloped intestines and bowel of a preemie can be adversely affected by a bovine-based formula. Abbott Laboratories and Mead Johnson are the manufacturers of Enfamil and Similac, which are the most-used formula brands on the market. Infants who are fed these cow’s milk-based formulas are at significant risk of developing NEC.

You or your child’s doctor may notice tenderness, redness, or swelling in the baby’s belly, and in some cases, a mass can be felt that indicates a perforation. Blood tests, fecal tests, and X-rays will be performed in order to definitively diagnose necrotizing enterocolitis. While most babies that develop NEC will recover, others will experience scarring and narrowing of the bowel. Malabsorption is common among babies who have undergone surgery for NEC and can result in failure to grow and thrive.

If the intestine is perforated, surgery can remove only the destroyed parts of the intestines. An abdominal drain may be placed as a means of removing infected fluids. If your baby was diagnosed with necrotizing enterocolitis, it can be an extremely frightening diagnosis due to the potentially severe nature of the disease. If you have been through this situation and are still dealing with the after-effects of NEC, it can be extremely beneficial to speak to an NEC baby formula lawsuit attorney who can answer your questions and discuss the steps you should take moving forward.

What Are NEC Baby Formula Lawsuits? Most parents are very familiar with formulas sold under the brand names Enfamil and Similac. Your baby may have been given one of these formulas while at the hospital, and the hospital may have even sent one of these formulas home with you. What they may have neglected to tell you is that multiple studies have shown that cow’s milk-based formulas can lead to necrotizing enterocolitis.

If your baby was born prematurely, he or she is at an even greater risk of developing NEC. The problem with the use of these formulas is that parents are not being warned about the potential harm they can cause to babies with underdeveloped intestinal systems. Lawsuits against the manufacturers of the following formulas (Mead Johnson and Abbott Laboratories) are being filed, with an MDL already in place.

• Similac Alimentum and Alimentum Expert Care, Similac NeoSure, Similac Human Milk Fortifier powder and concentrated liquid, Similac Special Care, Similac Liquid Protein Fortifier, Similac Special Care 20, Similac Special Care 24, Similac Special Care 24 High Protein, Similac Special Care 30, Similac Human Milk Fortifier Hydrolyzed Protein—Concentrated Liquid
• Enfamil Human Milk Fortifier Acidified Liquid (and powder), Enfacare Powder, Enfamil Premature 20 Cal, Enfamil NeuroPro Enfacare, Enfamil Milk Fortifier Liquid Standard Protein, Enfamil Human Milk Fortifier Liquid High Protein, Enfamil Premature 24 Cal, Enfamil Premature 24 Cal HP, Enfamil Premature 30 Cal, Enfamil 24 DHA and AR Supplement

Currently, there are no warnings issued by the FDA regarding these formulas and the increased risk of premature babies to develop potentially deadly NEC. The manufacturers of the formulas in question have made no moves to provide warnings to parents or hospitals. These lawsuits fall under product liability lawsuits, meaning there is a defect in a product that is marketed to consumers.

Why Are Similac and Enfamil Lawsuits Being Filed? Because there is no FDA oversight on this issue, parents across the United States are filing Similac and Enfamil lawsuits against Abbott Laboratories and Mead Johnson. When a product has a design defect, a manufacturing defect, or a marketing defect, product liability lawsuits may be necessary to ensure the manufacturers take the necessary steps to warn the public about the potential dangers associated with the product.

While the baby formulas were not contaminated in a particular plant, they have been tied to NEC in newborns. Parents are not told by the hospital or by the manufacturers regarding potential safety issues. This clear failure to warn consumers of the increased NEC risk could be considered a marketing defect, as well as a design defect.

In March 2022, the Supreme Court of Illinois granted the request to consolidate a group of 20 NEC baby formula lawsuits that were pending in Illinois state courts. At that time, Abbott sought to have these cases transferred to Chicago under the doctrine of inconvenient forum. By April, 40 NEC baby formula lawsuits had been filed in federal courts, along with the Illinois lawsuit. The NEC class action lawsuit in the Northern District of Illinois began, with the MDL assigned to Judge Rebecca Pallmeyer. A total of 52 cases were pending in this MDL as of May 23, 2022. 

By August 2022, the medical community was moving closer to the plaintiff’s view of baby formula for preemies and NEC. The American Academy of Pediatrics urged parents to use human breast milk in lieu of infant formula whenever possible.  Judge Pallmeyer established the schedule and protocol for the selection of bellwether discovery test cases in October 2022. The defendants will select four cases, the court will select four cases, and the plaintiffs will choose four bellwether cases. After the selection of these 12 cases, a fact-discovery phase will ensue, after which four of the 12 cases will be chosen for the bellwether test trials. 

As of November 2022, the plaintiffs in 20 cases pending in the MDL moved to have their cases remanded back to Pennsylvania state court. Each of these cases involved product liability claims against the formula manufacturers as well as tort claims against the local hospitals that gave the formula to the premature babies. The cases were subject to remand because of the inclusion of the hospitals as defendants. This left 106 cases in the MDL. By the end of February 2023, some of the cases had been chosen as bellwether cases, and the pending cases in the MDL were at 97. 

What About the Current MDL Opened in the Northern District of Illinois? The bellwether cases and the current Illinois MDL will determine the course of the future of Similac and Enfamil lawsuits. If your baby developed necrotizing enterocolitis, speaking to a knowledgeable NEC baby formula lawsuit attorney can be extremely beneficial when making a determination on what you should do next. If one of the cow’s milk-based formulas listed above caused your baby to become ill or die, you may consider filing an NEC formula lawsuit against the manufacturer(s) of the formula.

The first trials resulting from the Illinois MDL are expected to begin in early 2024. This can be a difficult time for you and your family. Obviously, no amount of money can change what happened to your baby. A monetary settlement can, however, change the future in positive ways. When the manufacturer of a defective product is forced to pay out millions of dollars to those that were injured by the product, not only will they be forced to ensure there are proper warnings to parents of premature babies, but they will also be more careful in the future.

In other words, when a large corporation is forced to pay out millions of dollars to those they harmed, they are much more vigilant going forward in ensuring proper safety standards are in place and are being properly adhered to. A monetary settlement can also allow you and your family to move forward, emotionally and financially. In many cases, babies that recover from serious NEC may require a number of medical interventions for months or years. Prolonged hospital stays and surgical procedures are extremely expensive, even for those who have health insurance.

How Can an Experienced NEC Baby Formula Lawsuit Lawyer Help Me? Potential complications of NEC include a hole in the intestine, a severe infection, malabsorption, and even death. Having an experienced NEC baby formula lawsuit lawyer from Sullo & Sullo can ensure all your questions are answered in a thorough, comprehensive manner. You will be represented by an attorney who truly cares about you, your baby, and your future. The allegations against Abbott and Mead state that these manufacturers knew their infant formulas were unreasonably dangerous for premature babies, yet failed to provide adequate warnings to medical providers, hospitals, and parents.

In some cases, parents are also filing medical malpractice lawsuits against the hospitals and medical professionals who gave their premature babies cow’s milk-based formulas, despite scientific evidence that it could potentially be harmful to the baby, causing NEC. If your premature baby developed NEC after being fed Similac or Enfamil formula, having an experienced, compassionate lawyer can make all the difference in your future. The Sullo & Sullo attorneys have the legal and medical expertise necessary, along with the required resources to go up against a large corporation.