What You Need to Know About Similac and Enfamil Lawsuits

Similac and Enfamil lawsuits are being filed across the United States by parents whose infant developed necrotizing enterocolitis after being fed cow’s milk-based formula while in the hospital. Most of the infants who develop necrotizing enterocolitis are premature, born before the 37th week, with those born before the 32nd week at an even higher risk of developing NEC. Abbott Laboratories and Mead Johnson are the two primary manufacturers that are the target of these NEC baby formula lawsuits. The lawsuits allege that Abbott and Mead had a duty to warn regarding the risks of NEC and cow’s milk-based formulas, but failed to warn parents and medical personnel about these risks.

There is currently an MDL lawsuit pending in Illinois that currently has 122 plaintiffs. Because the injuries and harm are so extreme in many NEC cases, the individual settlements could be extraordinary. One example of a baby formula lawsuit is a case from 2013 where the plaintiff’s premature baby was doing well on breast milk, then two weeks after birth was given Enfamil cow’s milk-based formula for several days. The baby developed necrotizing enterocolitis that was so bad it required aggressive medical intervention, eventually resulting in the death of the infant.

The parents in this case, allege Mead Johnson was aware of the dangers its cow’s milk-based formulas represented to premature infants in particular yet failed to provide adequate warnings. Because Similac and Enfamil are the two leading brands of infant formula—and those most likely to be used in hospitals and even sent home with parents—the current lawsuits are aimed at Mead Johnson and Abbott Laboratories. If you believe your infant developed NEC as a result of a cow’s milk-based formula, contact our NEC baby formula lawsuit lawyers today for a comprehensive evaluation of your NEC case.

Does Cow’s Milk-Based Baby Formula Cause NEC?

Necrotizing enterocolitis is most often seen among premature infants who have either exclusively been fed a cow’s milk-based formula, or those who have had their breast milk feedings supplemented with a cow’s milk-based formula. It is unclear exactly why these bovine-based formulas can trigger necrotizing enterocolitis, which infects the walls of the intestines—which are underdeveloped in premature infants—and can cause inflammation and even perforations in the intestine. Once the intestine is perforated, digestive fluids and fecal matter can leak into the baby’s abdomen, resulting in sepsis, which can sometimes be fatal. Abbott Laboratories and Mead Johnson manufacture the following formulas that may be implicated in NEC cases:

Enfamil: DHA-In-Sol, Human Milk Fortifier in liquid and powder, Enspire, 24-Calorie Formula, Nutramigen, NeuroPro Enfacare, NeuroPro Gentlease, Premature Infant Iron Formula 24 Cal and 30 Cal, and Premature 30 and 24 Cal

Similac: 360 Total Care, Special Care 20/24/24 High Protein/30, Special Care, NeoSure, Expert Care Alimentum, Alimentum, Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid, Human Milk Fortifier Powder and Concentrated Liquid, and Liquid Protein Fortifier

Your family may be entitled to receive compensation for any NEC injuries your baby received after being fed one of these bovine-based baby formulas. You may be able to sue the manufacturer of the formula that made your baby sick, receiving medical expenses, long-term care expenses (if your baby has permanent impairments as a result of his or her NEC), and pain and suffering. If your baby died as a result of NEC, you can file a wrongful death claim against the manufacturer of the baby formula and receive compensation for medical expenses, funeral and burial expenses, and other costs related to your child’s death.

While no amount of money can compensate you for the death of your child or for long-term harm to your child, a settlement accomplishes two things: the money you receive can either help pay for your child’s current and long-term NEC expenses, but equally important, once the formula companies are hit financially, they will be much more likely to warn parents about the potential risk of NEC associated with their bovine-based products.

What are the Symptoms of Necrotizing Enterocolitis?

You may first notice that your infant seems to be suffering from stomach distress before NEC is diagnosed. The tummy area may be very pink, red, or purple, and the stomach may be distended. The baby may have tender spots on the tummy, crying when those spots are touched. Other common signs and symptoms of necrotizing enterocolitis include:

• Rapid or unusual changes in body temperature
• Changes in heart rate
• Vomit that is green or yellow
• Lethargy
• Refusing to eat
• Lack of weight gain
• Diarrhea with bloody stool
• Metabolic acidosis
• Jaundiced appearance
• Low blood pressure
• Abnormal breathing patterns
• Lack of appetite
• Sleep apnea

Necrotizing enterocolitis may be treated medically or surgically, depending on the severity of the disease. Your baby’s doctor may start with an abdominal X-ray to make a definitive diagnosis of NEC. If “bubbling” is seen, this could indicate a perforation in the intestine. Medical treatments might include antibiotics, the cessation of oral feedings, a nasogastric tube from the baby’s nose into the stomach, and IV fluids given to administer nutrition and prevent dehydration. A perforation in the intestine will require surgical intervention to remove the dead tissues, leaving as much of the intestine as possible, which minimizes the risk of long-term complications.

Could Your Necrotizing Enterocolitis Lawsuit Be Affected by the California Statutes of Limitations?

Statutes of limitations are windows of time plaintiffs are given in which to file a claim against a defendant. Every state sets its own statutes of limitations; some states have differing statutes of limitations for different types of claims. Some states also incorporate the Discovery Rule that essentially prevents the statute from beginning to accrue until harm is discovered or should have been discovered by a reasonable person. There may also be statutes of repose in some states regarding product liability claims which extend the time based on when the product was manufactured, delivered, purchased, or sold. In the state of California, the statutes are as follows:

• A wrongful death claim in the state of California is governed by a two-year statute of limitations, beginning at the time of the death. There is an exception to the statute of limitations in the form of the Discovery Rule. This applies when the cause of a person’s death was not apparent at the time of the death, but the cause is later discovered. The Discovery Rule can extend the amount of time in which a wrongful death lawsuit must be filed.
• An NEC personal injury claim in the state of California has a statute of limitations of two years from the date of the injury. In cases where the injury was not immediately discovered, then the personal injury statute of limitations is one year from the date the injury was discovered.
• For medical malpractice claims in California, the statute of limitations is either one year from the date the injury was discovered or three years from the date the injury actually occurred—whichever comes first.
• Product liability claims in the state have a two-year statute of limitations, beginning from the time the individual knew—or should have known—of their injuries. There are certain exceptions when the victim was unaware of the injuries caused by a defective product which fall under the Discovery Rule.

As you can see, the California statutes of limitations are both complex and relatively short, timewise. It is essential that you seek legal advice as quickly as possible if you are contemplating filing an NEC baby formula lawsuit. Your attorney will be able to break down the complexities associated with the statutes of limitations while answering any questions you may have.

How Can an Experienced Necrotizing Enterocolitis Baby Formula Lawsuit Lawyer Help?

If you believe your baby’s NEC injuries are the result of being given a cow’s milk-based formula, you may benefit greatly from speaking to an experienced NEC baby formula lawsuit lawyer from Sullo & Sullo. We will comprehensively evaluate the facts and circumstances of your claim, then help you through the baby formula lawsuit process. Your baby may have developed NEC Totalis—the most severe form of necrotizing enterocolitis.

You may have been told that your baby will likely suffer long-term health complications as a result of NEC. It is important that you consider your window of time when thinking about whether a Similac and Enfamil lawsuit is right for you. If you reside in one of the following locales in the state of California, you are encouraged to contact a knowledgeable Sullo & Sullo NEC baby formula lawsuit attorney.

Los Angeles, California

San Diego, California

San Jose, California

Fresno, California

Sacramento, California

Long Beach, California

Oakland, California