Should You Consider an Enfamil Lawsuit?

NEC baby formula lawsuits are being filed across the United States by parents whose infants developed NEC after being fed a bovine-based formula. Necrotizing enterocolitis is a disease that primarily strikes premature newborns or newborns that weigh less than 3.5 pounds. Full-term healthy babies are unlikely to develop NEC as are babies exclusively fed breast milk. Necrotizing enterocolitis is not fully understood, however, there are scientific studies that have clearly shown that when a cow’s milk-based formula is given to a premature infant, the risk of necrotizing enterocolitis is significantly increased.

The Lancet published the first study to suggest a potential link between bovine-based baby formulas in 1990. This study found that premature babies who are fed formula are about 20 times more likely to develop NEC. The Journal of Pediatrics reached similar conclusions a decade later, finding that infants fed with breast milk were 90 percent less likely to develop NEC as compared to those fed cow’s milk-based formulas like Enfamil and Similac. More recently, a British Medical Journal Study in 2021 suggested that the manufacturers of bovine-based formulas have funded their own NEC studies that showed a clear lack of transparency while downplaying the risks of NEC among premature babies fed bovine-based formulas.

Necrotizing enterocolitis can be extremely severe in premature newborns. NEC is the 8th leading cause of death among newborns and the second leading cause of death among premature newborns. While Abbott Laboratories and Mead Johnson were aware of the studies showing their bovine-based formulas resulted in an increased risk of necrotizing enterocolitis among premature infants, these formula manufacturers have refused to include a warning stating the NEC risks on their product labeling. Despite growing scientific proof that bovine-based formulas increase the risk of necrotizing enterocolitis among premature infants, these formulas continue to be marketed as safe, with no warnings to parents.

Parents of premature babies who were fed Similac and Enfamil cow’s milk-based formulas and subsequently developed necrotizing enterocolitis are filing baby formula lawsuits against Abbott Laboratories and Mead Johnson for failure to warn. An MDL lawsuit is pending in Illinois and currently has 122 plaintiffs. Because no warnings are provided, many parents of children who had necrotizing enterocolitis have chosen to enter into an NEC baby formula lawsuit that will hold these manufacturers responsible for the injuries and harm caused by their formulas. It can be helpful for you to speak to a knowledgeable NEC baby formula lawsuit attorney to determine whether a Similac lawsuit is right for you.

What Are the Signs and Symptoms?

Symptoms of NEC may vary slightly from one baby to another. Parents or hospital staff may notice the baby’s tummy is tender or distended, or that the baby is unusually fussy, refuses to eat, or is lethargic. The underdeveloped digestive system of premature babies is likely the underlying cause of most cases of necrotizing enterocolitis, combined with being fed a bovine-based formula like those manufactured by Mead and Abbott. Similac and Enfamil are well-known brands of baby formula, and without warnings, parents have no way of knowing they are risking the health and future of their baby by feeding them these formulas.

Heavy growth of bacteria in the intestines that erodes the intestinal wall, and too little oxygen or blood flow to the intestines at birth or later have both been noted as “causes” of NEC. While NEC does not spread from one infant to another, a virus or bacteria that cause it could. Babies born before the 32nd week are at the highest risk of developing NEC and will usually do so within the first four days to 4 weeks of life. If you notice any of the following signs and symptoms of necrotizing enterocolitis, it is essential that immediate medical interventions occur:

• A tender, red, or distended abdomen
• Difficulty feeding
• Food staying in the stomach longer than expected
• Constipation, diarrhea, or dark, bloody stools
• The baby seems lethargic
• A lower-than-normal or unstable body temperature
• Pauses in breathing (apnea)
• Vomiting green bile
• A slowed heart rate
• Lower-than-normal blood pressure

How the Wyoming NEC Statute of Limitations Could Affect Your NEC Baby Formula Lawsuit

If you are considering filing a Similac baby formula lawsuit, you must be aware of the statute of limitations in your state. Statutes of limitations are windows of time in which a lawsuit must be filed, or it will forever be barred from being filed. If your statute has passed, you may never be able to hold the negligent party liable. Because of this, it is important that you speak to a knowledgeable NEC baby formula lawsuit attorney as soon as possible. While the statutes are generally absolute, there are certain circumstances—in some states—that may trigger an exception.

The two primary types of exceptions are the Discovery Rule and the statutes of repose. The Discovery Rule applies when you did not discover your injury within the allotted amount of time—and when it is reasonable to assume that another person, given the same circumstances, would also not have discovered the injury until later. The statutes of repose usually relate to product liability lawsuits, or occasionally, medical malpractice lawsuits. The statutes of repose can extend the amount of time based on when the product was manufactured, distributed, bought, or sold. In the state of Wyoming, the following statutes apply:

• Personal injury claims in the state of Wyoming have a four-year statute of limitations from the date of the injury. The Discovery Rule does apply in personal injury claims, extending the amount of time when you were not aware of your injury or that it was caused by the negligence of another and when another person would not reasonably have discovered the injury within the statute of limitations.
• Wrongful death lawsuits in the state of Wyoming have a two-year statute of limitations. The Discovery Rule does not apply to wrongful death lawsuits, so must be filed within two years.
• Product liability claims in the state of Wyoming have a four-year statute of limitations that begins to run from the date of the discovery of the injury or harm, or ten years from the date the product was manufactured, distributed, bought, or sold.
• In the state of Wyoming, a medical malpractice lawsuit must be filed within two years from the date of the alleged act, error, or omission. Wyoming does apply the Discovery Rule in medical malpractice lawsuits, giving you extra time to file your medical malpractice lawsuit if you did not discover your injury within those two years and another person would not reasonably have been expected to discover the injury within those two years.

How Can an Experienced NEC Baby Formula Lawsuit Attorney Help?

If your baby developed necrotizing enterocolitis after being fed a bovine-based formula you may want to consider filing an NEC baby formula lawsuit. The manufacturers of bovine-based baby formulas neglected to warn parents and hospitals of the potential risks related to feeding a premature infant a cow’s milk-based formula. Speaking to an experienced NEC baby formula lawsuit attorney from Sullo & Sullo can be extremely beneficial. We will assess the facts of your specific situation, then advise you on the best course of action for you and your family. If you have questions, we will answer those questions thoroughly, yet in an easy-to-understand way. Those who reside in any of the following Wyoming locales may want to consider a necrotizing enterocolitis lawsuit.

Cheyenne, Wyoming

Casper, Wyoming

Laramie, Wyoming

Gillette, Wyoming

Rock Springs, Wyoming

Sheridan, Wyoming

Green River, Wyoming

Evanston, Wyoming