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Similac and Enfamil have failed to warn consumers of the risks of necrotizing enterocolitis (NEC). Parents who had a premature infant diagnosed with NEC after being fed toxic baby formulas can file a lawsuit for potential compensation.
Your baby may have been fed Similac or Enfamil in the hospital. If you are unsure, your lawyer may be able to help you find out. Make sure you provide the name of the hospital and the hospital’s location.
After your baby was discharged from the hospital, you may have fed your baby a Similac or Enfamil formula product. Lawyers encourage parents to keep any receipts, proof of purchase, packaging or boxes from the formula for evidence in their potential baby formula lawsuit.
No fees unless you are awarded compensation.
Similac® & Enfamil® Baby Formula Linked to Injuries and Deaths from NEC (Necrotizing Enterocolitis) in Premature and Low Birthweight Babies.
Some symptoms associated with NEC (Necrotizing Enterocolitis) include:
Our top priority is ensuring you get the answers you’ve been looking for and the compensation you deserve. If we take on your case, you won’t be charged anything unless you win.
Contact our top Baby Formula lawyers today. We’ll work tirelessly for you every step of the way, ensuring the process is as simple and transparent as possible.
Our class action lawyers provide everyone with a risk-free case evaluation to get the answers they seek about their case.
Our law firm believes that if we didn’t win your case, we don’t deserve compensation, no matter what!
We have attorneys and staff available to you at all times, because we know first hand that your pursuit of justice can’t wait.
After a diagnosis, most baby formula cases are subject to a strict statute of limitations. The exact time frame depends on where you live. We strongly encourage you to act now to ensure you can receive the compensation you’re owed.
Call now to discuss your claim:
No fees unless you are awarded compensation.
As of October 2022, there has been significant movement in establishing the schedule and protocol for the selection of bellwether test cases in the formula NEC class action lawsuit. Plaintiffs and defendants have provided a judge with a list of 66 pending cases that the court could randomly select from to become the first NEC lawsuit to go to trial.
A group of 12 bellwether discovery cases will be selected from this group to undergo pretrial discovery phase. From there, a group of four cases will be picked for initial bellwether test trials. The plaintiffs and defendants will each select four cases, and the court will randomly select the remaining four cases for this group of 12. This is slated to be completed by November 23, 2022.
Once the discovery phase is complete, four of the 12 cases will be chosen for the initial bellwether test trials. The plaintiffs and defendants will each select two cases. The four bellwether trials will be held 12 weeks apart, alternating between cases selected by the plaintiffs and the defendants.
No fees unless you are awarded compensation.
The risk to these children was the development of a condition called necrotizing enterocolitis. According to the NEC Society, it is a type of intestinal disease that typically impacts medically fragile or premature infants. It can cause inflammation in the intestinal tissue. It is expected that 1 in 10 babies born with very low birth weights are at the highest risk for this condition.
However, each year, thousands of children develop this condition, and many hundreds of them die as a result of it. NEC can be brought on by Cronobacter, a type of bacteria that is known to be a concern in powdered baby formula products. Cronobacter bacteria can cause life-threatening infections and meningitis in children. Most of the time, they are rare for young children. However, they may result in the child suffering poor feeding, jaundice, and other health complications. This bacterium was found at the Sturgis baby formula plant.
If your child consumed baby formula produced at that plant and then became sick due to a Cronobacter infection, leading to the development of NEC, then your child may be a victim in this situation.
If your premature baby consumed cow’s milk-based formula and was later diagnosed with NEC, you may be entitled to compensation.
No fees unless you are awarded compensation.
NEC is a very serious bacterial infection that can develop in the gastrointestinal system of newborn infants. It primarily occurs in premature or underweight infants.
NEC can be extremely dangerous for newborns. When NEC occurs it causes inflammation of the intestinal tissue and rapid tissue decay. A perforation (hole) may form in the baby’s intestines causing bacteria to leak out into the abdomen.
Symptoms include:
In order to be eligible to file or join a Similac or Enfamil baby formula lawsuit, you must meet the following criteria:
Your case review is completely free and there are no fees unless you win compensation.
Parents of premature babies who were fed formula in the hospital are filing Similac lawsuits against manufacturer Abbott Laboratories, and Enfamil lawsuits against manufacturer Mead Johnson, for failing to warn parents and medical providers about the risks associated with their baby formulas.
Necrotizing enterocolitis (NEC) is a severe gastrointestinal condition that primarily affects premature and medically fragile infants, according to the NEC Society. It causes intestinal inflammation that results in serious complications, and although many babies fully recover, NEC can cause lifelong neurological and nutritional complications or death.
Research since the 1990s reports that premature babies fed with cow milk-based baby formulas were at a significantly higher risk of developing NEC than those fed human milk exclusively, and that the risks were lower in breastfed babies than those fed a combination of human milk and formula.
Many medical malpractice lawsuits have been filed against the doctors who prescribed Similac and Enfamil, and families have won significant verdicts and settlements as a result. Now, an increasing number of parents are filing product liability lawsuits and suing the manufacturers for producing toxic baby formulas.
Parents are claiming that Abbott Laboratories and Mead Johnson knew or should have known about the potential risks associated with their products, specifically the component of cow’s milk called bovine spongiform encephalopathy (BSE) that could cause NEC, sepsis, failure to thrive or other dangers to premature infants. They also argue that the companies failed to learn more about the potential dangers of their products and neglected to warn the public, despite warnings from influential medical groups.
Plaintiffs also argue that Abbott Laboratories and Mead Johnson marketed their products as safe and beneficial for premature infants in spite of the potential risks, have no warnings about NEC as a side effect of baby formula and do not offer proper instructions or guidelines for their products’ use.
Abbot Laborites and Mead Johnson deny these formulas cause NEC and other complications. They claim gastrointestinal disease is “naturally occurring” and can develop in premature babies who are fed breast milk. They also argue that claims regarding premature infant formulas are not permitted by the Infant Formula Act, established in 1980 to assure all infant formula is nutritionally adequate.
Did your premature baby develop necrotizing enterocolitis (NEC) after being fed Similac or Enfamil? We can help determine if you’re among the thousands who qualify for compensation. We’re here to make sure the legal system works for you, not big corporations.
The cases with the highest value settlement amounts or trial value if this litigation is successful is the case where the child needs ongoing care and pain and suffering. The economic cost of lifelong care for many of these children is in the millions of dollars.
The next highest settlement amounts are likely to be wrongful death cases. It is just awful to lose a child because no one ever told you that the formula she was taking could be causing the child harm. The settlement amounts in these NEC lawsuits could be in the $250,000 to $750,000 range.
In cases where the child endured a great deal of suffering but ultimately recovered, the necrotizing enterocolitis compensation payouts may still be high. These NEC lawsuits could be in the range of $50,000 to $400,000 depending upon the injuries.
Our lawyers are speculating amount the potential settlement compensation payouts in these NEC baby formula lawsuits. This litigation is new. These are just estimates. So take these “how much compensation” estimates you get here or elsewhere with the grains of salt they deserve.
First, call our firm toll-free or fill out the form on this page. Our team will explain everything in detail, including what information we need to determine your damages or qualification. If you’re eligible to file suit, our experienced attorneys and medical experts will support you throughout the process.
Our infant formula attorneys are reviewing NEC lawsuits for families who have children that were:
Using Similac or Enfamil formula
Born prematurely Diagnosed with necrotizing enterocolitis
Most of the cases our baby formula attorneys will accept involve either surgery to correct the NEC or a wrongful death lawsuit because the child did not survive. We’ll help you gather evidence, including doctors’ notes and medical records, to determine if you have a case.
Our Enfamil and Similac attorneys for families handle these cases on a contingency fee basis. So you pay nothing upfront. Our formula attorneys only receive a fee if our lawyers earn a compensation payout for you, either at trial or at the settlement table.
The NEC infant formula lawsuits are just getting started. But we can estimate settlement amounts and compensation payouts from juries at trial by looking at NEC medical malpractice lawsuits.
Let’s look at a few:
New York: $5 million verdict
New York: $1.35 million settlement
California: $10 million settlement
Michigan: $50,000 settlement
Louisiana: $347,000 settlement
Florida: $900,000 settlement
Massachusetts: $7 million verdict
The statute of limitations may vary depending on the state in which you live.
However, it is generally two to three years from the date of diagnosis or one year from the date of death.
You should speak with an experienced Roundup attorney to determine the applicable statute of limitations in your case.
If your premature baby consumed cow’s milk-based formula and was later diagnosed with NEC, you may be entitled to compensation.
A member of our team is standing by ready to help you pursue your legal claim or guide you with your Baby Formula claim.
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