Lawsuit Help Desk

Baby Formula Lawsuits and Settlements

Was your premature baby diagnosed with Necrotizing Enterocolitis (NEC) after being fed with Enfamil or Similac baby formula? Did they undergo surgery or suffer long-term hospitalization, gastrointestinal distress, bowel resection, cerebral palsy, or even worse – or pass away?

Our team of dedicated lawyers specializes in representing victims of baby formula lawsuits and settlements against manufacturers. Check if you are eligible to participate in the settlement regarding the negligence associated with these products.

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What Is the Baby Formula Lawsuit?

Consumption of Enfamil and Similac baby formulas has been associated with the diagnosis of necrotizing enterocolitis (NEC) in premature infants. Research shows that the high levels of the bovine casein protein in these formulas can lead to an accumulation of bacteria and toxins in the digestive systems of preterm newborns. Thus, the buildup can further cause inflammation, elevated acidity, decreased blood flow, and possibly an intestinal wall perforation, which all increase the risk for NEC.

Similarly, the American Academy of Pediatrics has warned against the use of Enfamil or Similac on premature newborns after 32 weeks without the consent of a healthcare professional. Enfamil and Similac, however, have neglected to inform the consumers about these associated health risks and failed to offer adequate usage instructions. The products continued to be marketed as safe and helpful for premature infants.

Thereafter, the harm the products caused led to multiple baby formula lawsuits against Enfamil and Similac. Federal cases are being consolidated into multidistrict litigation (MDL) lawsuits. If NEC or other injuries caused by Enfamil or Similac have harmed you or a loved one, you may be entitled to participate in the settlement of the NEC baby formula lawsuit.

Necrotizing enterocolitis (NEC) is a fatal health condition where the lack of blood supply causes damage to intestinal linings. The condition mostly affects prematurely born infants. Full-term babies, especially those with low birth weight, may also be affected. The risk increases with poor nutrition or infection which can further cause perforation of the intestines, sepsis, or death.

Moreover, NEC is associated with cow’s milk due to its bovine casein protein that babies can hardly digest. This indigestion can cause an accumulation of toxins and bacteria in the infant’s digestive system. The bacterial buildup can then lead to an increase in acidity, inflammation, and lower blood supply to the infant’s intestines. 

Consequently, the NEC baby formula lawsuits target Similac and Enfamil. Both baby formula brands are widely-used and have been in the market since the early 1900s. The marketing of these formulas failed to inform consumers of the health risks associated with the consumption of the products. This failure to warn is unfortunate given the fact that Enfamil and Similac contain high levels of bovine (cow) casein protein. Despite knowledge of the link between their products and the risk of developing NEC, Similac and Enfamil have not taken responsibility for the dangers of their formulas. 

The mortality rate for babies diagnosed with NEC is very high, ranging from 20-50%, depending on the severity of the condition at diagnosis. Also, among the common side effects of NEC are bloody stools, abdominal distension or bloating, vomiting, fever, poor appetite, and lethargy. 

Neonatology Journal

The journal of Neonatology published a research study showing that prematurely born infants fed with Similac and Enfamil cow’s milk baby formulas were more likely to develop Necrotizing Enterocolitis (NEC) than breastfed babies. The Journal of Pediatrics supported these findings and showed that risks of NEC are much lower among breastfed infants compared with those fed baby formulas or a combination of baby formula and breastmilk. 

AAP study

Furthermore, the scientific findings led the American Academy of Pediatrics (AAP) to issue a policy statement in 2011 relating to the nutrition of premature babies. The policy statement included specific recommendations about Enfamil and Similac baby formulas especially the established link between their cow’s milk products and NEC diagnosis among premature infants. Evidently, the AAP strongly warned against the use of Similac or Enfamil baby formulas for preterm infants born at 32 weeks or below without advice from a medical professional.

The defendants in the NEC baby formula lawsuits are Mead Johnson Nutrition Company, LLC, maker of Enfamil, Abbott Laboratories as the manufacturer of Similac, and Ross Products Division.  The plaintiffs who filed their lawsuits in federal courts are also being added to a multidistrict litigation (MDL) lawsuit in a federal court in the Northern District of Illinois.

The MDL is under the supervision of Judge Rebecca R. Pallmeyer and is captioned In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation (MDL No. 3026). The complaints of plaintiffs alleged that Similac and Enfamil baby formulas caused the diagnosis of necrotizing enterocolitis (NEC) among infants. It is further claimed both manufacturers failed to adequately warn the consumers of these established risks.  

MDL update

Basically, the MDL is at the stage of infancy. The manufacturers of Enfamil and Similac are rebutting the claims that linked their formulas to NEC diagnosis among premature infants. The court is tasked to determine whether the labels of Enfamil and Similac provided sufficient warnings about the risk of NEC associated with the consumption of their products.

Meanwhile, the defendants, Enfamil and Similac, commenced the process of document discovery in January 2023. Both manufacturers have strongly denied all allegations of wrongdoing and refused to take responsibility.

Therefore, the approval of a coordinated management plan will help push some NEC baby formula litigation claims to trial more swiftly. Consequently, a successful settlement agreement will likely resolve all pending cases.

While there are currently no reported payout in settlements between plaintiffs and defendants in these pending NEC baby formula lawsuits, our leading NEC baby formula attorneys estimate the amounts to be between $50,000 – $750,000 (see below for more information).

The plaintiffs and their respective lawyers continue to pursue a successful settlement agreement.

How to join baby formula lawsuit?

Indicators

Was your premature baby diagnosed with NEC? Was the feeding of Enfamil or Similac baby formula to your baby at the hospital with the proper consent from an authorized medical practitioner?  If you are not aware of this, we can check with them to find out. 

Moreover, other serious health conditions may serve as indicators. These could be in the form of bowel resection surgery, gastrointestinal distress, cerebral palsy, and other related serious complications.

Baby formula brands

Further, did you feed your baby any of the following baby formulas?

  • Similac Special Care
  • Similac Human Milk Fortifier
  • Similac NeoSure
  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Powder
  • Similac Liquid Protein Fortifier
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein
  • Enfamil Human Milk Fortifier Acidified Liquid
  • Enfamil Human Milk Fortifier Powder
  • Similac Special Care 30
  • Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
  • Enfacare Powder
  • Enfamil Human Milk Fortifier Liquid High Protein
  • Enfamil Milk Fortifier Liquid Standard Protein
  • Enfamil NeuroPro Enfacare
  • Enfamil Premature 20 Cal
  • Enfamil Premature 24 Cal
  • Enfamil Premature 24 Cal/fl oz HP
  • Enfamil Premature 30 Cal
  • Enfamil 24 and DHA & ARA Supplement
woman recovering in hospital who's filed a baby formula lawsuit
weighing the benefits of baby formula lawsuit

How much will my Baby Formula Lawsuit cost me?

Our legal representation for qualified clients is purely based on a contingent fee. This means that the representing law firm will bear all legal costs and expenses in filing the case which they will only charge if there is any settlement or award. No upfront payment at all.

Further, this means that if the case is not settled or won, you owe nothing to the representing law firm. Their payment is completely contingent upon the award won or the settlement reached.

So, take advantage of our dedicated baby formula lawsuit lawyers now!

What is the Baby Formula Lawsuit payout?

Unquestionably, no amount of money can compensate for your child’s suffering. But financial compensation is a way to hold these big companies responsible for the harm that their products have caused. Also, it will also help deter similar irresponsibility among manufacturers.

Furthermore, your entitlement could also include non-economic losses, such as past, present, and future pain and suffering, loss of consortium (companionship), and emotional distress. 

Depending upon the harm or injuries caused, NEC lawsuits and settlements could be in the range of $50,000 to $750,000. In the case of catastrophic injury or death, the amount could reach many millions of dollars.

Take note, of course, that these are just speculative amounts or estimates from our baby formula lawsuit lawyers.

celebrating a baby formula lawsuit settlement
lawyer counseling about baby formula lawsuit

If I qualify, do I owe you anything?

No! You have absolutely no obligation to us if we determined that you are qualified.

If you wish to proceed with our baby formula lawsuit lawyers, they will discuss the retention agreement with you.

When should I file my baby formula lawsuit?

File it today! You must act quickly for your and your family’s sake.

Why? The Statute of Limitations (SOL) and Statute of Repose (SOR) are time-based restrictions that could prevent your recovery. Also, if you file late, you may not be included in important settlement opportunities for pending cases. 

These are the reasons for the importance of securing legal representation as soon as possible.

In fact, among the first actions of our baby formula lawsuit lawyers if you contact us is to check your state’s statute of limitations and statute of repose. 

Each state has its respective statutes of limitations (SOL) and statutes of repose (SOR) for recovery from injury.

Basically, these statutes prevent recovery when a lawsuit is filed or enforced after the prescribed period has expired. 

Therefore, this means that if these periods have passed, the lawsuit filed will have to be dismissed and you will collect nothing. 

Basically, the court allows both parties to present the scientific bases of their respective arguments.

Hence, the manufacturers could cite scientific findings debunking the link between NEC and their baby formula products. More reliable scientific studies to counter such arguments will be needed. 

But, the good news is that our baby formula lawsuit lawyers are very updated on these matters. 

Yes. Manufacturers very often settle cases with thousands of defendants at a time.  By the time the plaintiffs and the manufacturers reach a settlement, your lawyer should have already filed your lawsuit. If not, you already missed your settlement opportunities.  This means that you should have a pending case already by the time the manufacturers decided to settle the claims.

All lawyers have the duty and obligation to the court to observe due diligence in making sure that cases qualify based on the prevailing medical research and findings.

Contact us now to discuss with our lawyers.

lawyers sprinting to file a baby formula lawsuit
client contacts lawyer about baby formula lawsuit

What are my next steps to file and settle my Baby Formula Lawsuit?

Contact us for a quick assessment of your case. Do it now! Get peace of mind. 

Consequently, start collecting and saving every relevant document our lawyers may need as evidence. These documents could include any prescription, receipt, medical report, medical bill, medical test and diagnosis, and any other documents related to your usage of Similac or Enfamil baby formula.

Also, the documents could also include any proof of purchase such as packaging and boxes of the baby formula. 

But don’t worry — our lawyers can reach out to a wide network of medical practitioners, doctors, nurses, and pharmacists, as well as laboratories and hospitals should they decide to represent your case. 

So, call us now and discuss these matters further with our baby formula lawsuit lawyers.

The Lawsuit Help Desk Difference

Unlike most others, we do not act like third party middlemen – instead, we provide you immediate access to top 1%, nationally renowned mass torts attorneys, with deep knowledge in baby formula litigation. It is these leading lawyers who decide whether your case has merit. We will be forthright and honest with you.

Our mission is to inform the public, and provide direct access to leaders in the world of mass torts. 

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We do not consider ourselves a marketing firm. Do not expect robocalls from us. If you’re emailed, it’s just to provide you helpful information, such as case status and ongoing research; you will not get spammy emails. We are here to help, not badger you.

A key distinction is that we have active attorneys and litigators on our staff. Do you really want advice about a mass tort that’s devastated your loved one’s lives — where settlements in the hundreds of thousands and millions are common — from a marketing or social media expert, a lifestyle coach, a psychologist or an influencer? In other words, we are not parroting talking points: We really know what we’re talking about. 

In fact, Lawsuit Help Desk was founded by Cameron Tousi, a leader in the world of complex litigation. He has received highest distinctions in peer reviews and awards from America’s leading legal publications. If you’d like to speak with Cameron, just let us know, and we’ll make it happen! 

Monthly Status Updates: Baby Formula Lawsuits

The number of active cases of baby formula lawsuits has now reached a total of 122 plaintiffs. A total of 17 new cases were filed in the past month. This increase is considered one of the highest monthly volumes since the baby formula MDL was created.

An Emory University study shows how the risks associated with the consumption of Enfamil and Similac formulas are most likely to affect marginalized groups. Prematurely born babies from African American communities have suffered from necrotizing enterocolitis (NEC). The mortality rate associated with the diagnosis is higher among black infants than white infants.

After 5 new claims were transferred into the MDL over the past month, the NEC baby formula lawsuits in the Northern Illinois District are now a total of 97 cases. Interestingly, the same number of cases were in the MDL six months ago.

Currently, the lawsuit continued to be this small after some NEC baby formula cases were either remanded back to state court or kept in state court. Such cases are no longer included in the MDL. Thus, this makes the number of plaintiffs lower which helps make resolving these claims simpler.

After 9 new claims, there are now 97 active NEC baby formula lawsuits pending in the MDL. Is this number low? Yes. Basically, this means that the plaintiffs are more likely to get a fair and reasonable NEC baby formula lawsuit settlement.

Therefore, the settlement will be of lesser burden for the manufacturers since there are fewer plaintiffs.

Moreover, the NEC baby formula MDL in the Northern Illinois District scheduled a “science day.” This method is commonly used to allow both the plaintiffs and defendants to educate the court through presentations. Hence, both sides will have the opportunity to provide the scientific basis for their arguments.

News & Articles: Baby Formula Lawsuits & Settlements

Is Your Baby Formula a Ticking Time Bomb? The Untold Truth About NEC Lawsuits and Settlements

Is Your Baby Formula a Ticking Time Bomb? The Untold Truth About NEC Lawsuits and Settlements

In an alarming development, emerging research has begun to question the safety of several leading infant formula brands. Could these once-trusted sources of nutrition, such as Enfamil and Similac, be masking a hidden danger? Is it possible that these formulas are linked to the devastating intestinal condition of Necrotizing Enterocolitis (NEC) in premature and low birth weight babies? This horrifying notion is currently being explored in the legal world, as numerous lawsuits have been launched against the companies that manufacture these formulas.

Key points to ponder include:

  • NEC is a severe intestinal condition that primarily affects premature infants and can potentially lead to death.
  • Studies indicate a disturbing trend showing a reduced risk of NEC in infants fed exclusively on human breast milk compared to those fed on infant formulas.
  • The manufacturers of Enfamil and Similac, Abbott Laboratories and Mead Johnson & Company respectively, are currently facing allegations that their infant formulas increase the risk of NEC.
  • Lawsuits filed against these manufacturers include product liability, wrongful death, and medical malpractice claims.

To efficiently manage these lawsuits, the cases have been consolidated into multi district litigation (MDL) in the US District Court: Northern District of Illinois. Presently, bellwether trials are underway to provide a forecast of future case outcomes. While the results of these trials are not definitive, they serve as valuable indicators of what may transpire in subsequent lawsuits.

Possible lawsuits that victims and their families are considering include:

  • Product Liability Claims: Asserting that the baby formulas are inherently dangerous.
  • Wrongful Death Claims: In case an infant passes away due to NEC.
  • Medical Malpractice Claims: If healthcare professionals failed to provide proper medical care.

Damages that might be sought in these lawsuits include compensation for medical expenses, lost income, and pain and suffering. However, the specific damages available depend on both the specifics of the individual case and jurisdiction.

Looking towards the future, it's crucial to note that these cases are still in their infancy, and no settlements have been reached. Estimates for potential settlement amounts range from $5,000 to over $500,000. Such settlements could profoundly affect the baby formula industry and bring justice to affected families. Yet, they would also raise crucial questions about manufacturing vigilance and production quality checks.

While we await the outcomes of the NEC Baby Formula Lawsuit, it's crucial for us as a society to stay educated, informed, and vigilant. After all, shouldn't the health and safety of our children take precedence over all?

The objective of the LawsuitHelpDesk.com is to restore justice and provide leading litigation counsel to every mass tort victim. As the premier information portal for victims of mass torts, they encourage open communication and welcome engagement from the public.

Read more here

The Battle for Justice: Unveiling the Truth Behind Baby Formula Lawsuits

The world of baby formulas has been shaken as lawsuits pile up against giants like Enfamil and Similac. These lawsuits allege that these baby formulas are linked to a severe intestinal condition called Necrotizing Enterocolitis (NEC) in premature infants. Research has shown a connection between cow's milk and NEC, with premature infants fed with formulas based on cow's milk being 6 to 10 times more likely to develop NEC compared to those fed with human milk. As of June 16, 2023, there are 180 active plaintiffs in the NEC infant formula class action, with new cases being added regularly.

One of the recent NEC infant formula lawsuits is the case of Anonymous v. Mead Johnson. The infant, Adam, was born prematurely and was fed with a cow milk-based Enfamil formula product. After a month, Adam was diagnosed with NEC and had to undergo emergency surgery, which left him with long-term health consequences. The lawsuits are currently in the discovery phase, with both sides collecting evidence to support their claims. The court has ordered Mead Johnson to produce electronic data from 45 custodians, potentially providing crucial evidence.

The outcome of these lawsuits could have significant implications for the baby formula industry. If the plaintiffs are successful, it could lead to stricter regulations and changes in the formulation of baby formulas. It could also result in substantial financial compensation for the families affected by NEC. Parents of infants affected by NEC are encouraged to seek legal advice and explore their options for joining the class action lawsuit.

The NEC infant formula class action lawsuit is a significant legal battle that could have far-reaching implications for the baby formula industry and for families affected by NEC. Staying informed about the latest developments and seeking legal advice if your child has been affected is crucial.

Read more here

baby-drinking-baby-formula

By Way of Overview

This article explores the ongoing multidistrict litigation (MDL) lawsuits against Enfamil and Similac over the consumption of their baby formulas and the resulting necrotizing enterocolitis (NEC) in premature infants. NEC is a fatal condition where intestinal linings are damaged due to a lack of blood supply. Enfamil and Similac’s formulas contain high levels of bovine casein protein, which can lead to bacterial accumulation and inflammation, causing a perforation in the intestinal wall, which increases the risk for NEC. The lawsuits allege that Enfamil and Similac failed to adequately warn consumers of these health risks and continued to market their products as safe and helpful for premature infants. The article will discuss what NEC is, the side effects of toxic baby formula, the findings of scientific research on baby formula and NEC, the MDL lawsuit, and potential settlements.

What is NEC from baby formula?

Necrotizing enterocolitis (NEC) is a fatal health condition where the lack of blood supply causes damage to intestinal linings. The condition mostly affects prematurely born infants. Full-term babies, especially those with low birth weight, may also be affected. The risk increases with poor nutrition or infection which can further cause perforation of the intestines, sepsis, or death. NEC is associated with cow’s milk due to its bovine casein protein that babies can hardly digest. This indigestion can cause an accumulation of toxins and bacteria in the infant’s digestive system, which can then lead to an increase in acidity, inflammation, and lower blood supply to the infant’s intestines.

What are the side effects of toxic baby formula?

The mortality rate for babies diagnosed with NEC is very high, ranging from 20-50%, depending on the severity of the condition at diagnosis. Among the common side effects of NEC are bloody stools, abdominal distension or bloating, vomiting, fever, poor appetite, and lethargy.

What baby formula causes NEC?

Research shows that prematurely born infants fed with Similac and Enfamil cow’s milk baby formulas were more likely to develop NEC than breastfed babies. The American Academy of Pediatrics (AAP) issued a policy statement in 2011 relating to the nutrition of premature babies. The policy statement included specific recommendations about Enfamil and Similac baby formulas, especially the established link between their cow’s milk products and NEC diagnosis among premature infants. The AAP strongly warned against the use of Similac or Enfamil baby formulas for preterm infants born at 32 weeks or below without advice from a medical professional.

What is the Baby Formula Lawsuit?

Enfamil and Similac’s baby formulas have been associated with the diagnosis of NEC in premature infants. The lawsuits allege that Enfamil and Similac failed to adequately warn consumers of these associated health risks and continued to market their products as safe and helpful for premature infants. The products led to multiple baby formula lawsuits against Enfamil and Similac. Federal cases are being consolidated into multidistrict litigation (MDL) lawsuits. The defendants in the NEC baby formula lawsuits are Mead Johnson Nutrition Company, LLC, maker of Enfamil, Abbott Laboratories as the manufacturer of Similac, and Ross Products Division. The complaints of plaintiffs allege that Similac and Enfamil baby formulas caused the diagnosis of necrotizing enterocolitis (NEC) among infants, and both manufacturers failed to adequately warn consumers of these established risks.

What happened to NEC baby formula lawsuits?

The MDL is under the supervision of Judge Rebecca R. Pallmeyer and is captioned In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation (MDL No. 3026). The MDL is at an early stage, and the manufacturers of Enfamil and Similac are rebutting the claims that linked their formulas to NEC diagnosis among premature infants. The court is tasked to determine whether the labels of Enfamil and Similac provided sufficient warnings about the risk of NEC associated with the consumption of their products. The defendants, Enfamil and Similac, have commenced the process of document discovery in January 2023. Both manufacturers have strongly denied all allegations of wrongdoing and refused to take responsibility.

Any NEC baby formula lawsuit settlement?

While there are currently no reported payouts in settlements between plaintiffs and defendants in these pending NEC baby formula lawsuits, leading NEC baby formula attorneys estimate the amounts to be between $50,000 – $750,000. The plaintiffs and their respective lawyers continue to pursue a successful settlement agreement.

What are the next steps for those affected by NEC from baby formula?

If you or a loved one has been diagnosed with NEC after consuming Enfamil or Similac baby formulas, you may be entitled to participate in the settlement of the NEC baby formula lawsuit. It is essential to seek the assistance of experienced and knowledgeable attorneys who specialize in this area of law to help you navigate through the legal process and maximize your chances of receiving a fair settlement.

How can parents protect their children from NEC?

The best way to prevent NEC is by breastfeeding premature babies. Breast milk has been shown to contain many essential nutrients and components that help prevent NEC and other infections in preterm infants. If breastfeeding is not possible, it is important to consult a healthcare professional before choosing a baby formula, especially for premature infants born at 32 weeks or below.

Where We Go From Here

The ongoing NEC baby formula lawsuit against Enfamil and Similac highlights the importance of manufacturers’ responsibility to inform consumers of associated health risks. The high levels of bovine casein protein in these formulas can lead to bacterial accumulation and inflammation, causing a perforation in the intestinal wall, which increases the risk for NEC. The litigation is in its early stages, and no settlements have been reached yet. If you or a loved one has been affected by NEC, it is crucial to seek the assistance of an experienced attorney to help you pursue the best possible outcome. Finally, it is important to consider breastfeeding as the best way to protect your child from NEC and other infections in preterm infants.

 

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