Thousands of families across the U.S. have taken legal action against major baby formula makers like Abbott (Similac) and Reckitt Benckiser (Enfamil). These lawsuits claim that cow’s milk-based formulas given to premature babies have caused a serious condition called necrotizing enterocolitis (NEC).
What Is NEC?
NEC is a dangerous condition that causes inflammation and damage to a baby’s intestines. It mainly affects premature infants, especially those who are fed cow’s milk-based formulas instead of breast milk. NEC can lead to life-threatening complications and often requires urgent medical care.
Key Legal Updates About NEC Baby Formula Cases
- Over 1,000 lawsuits have already been filed in federal and state courts across the U.S.
- More than 500 cases are combined into one large group in a federal court in Illinois.
- In a major verdict, a St. Louis jury awarded $495 million to a family whose premature baby developed NEC after using formula made by Abbott.
- The first big trial against these formula companies is set for May 2025.
- Due to the growing number of lawsuits, Abbott is reportedly thinking about removing its formula for premature babies from the market.
Latest NEC Lawsuit Developments
- October 2, 2024: The third trial is happening now in Missouri. For the first time, both Abbott and Reckitt are being sued together by a mother whose child developed NEC.
- October 1, 2024: 27 new cases were added to the group lawsuit, now totaling 598 cases.
- September 30, 2024: Lawyers are preparing to submit possible trial dates soon.
- September 23, 2024: A new study found that donor breast milk greatly reduced the chances of NEC compared to cow’s milk formula.
- September 10, 2024: A Missouri jury awarded $95 million in one NEC case, plus $400 million in punishment damages. Another verdict in Illinois gave $60 million in damages.
Which Baby Formulas Are Linked to NEC?
Formulas made from cow’s milk—like Similac and Enfamil—have been linked to NEC in preterm babies. A 2022 study showed that formulas such as Similac Special Care, often used in hospitals, caused more digestive issues than breast milk or special formulas made for premature babies.
Have Any Formulas Been Recalled?
Yes.
- In February 2022, Abbott recalled some products after bacterial infections led to infant deaths.
- In October 2022, another recall was made for ready-to-feed liquid formulas due to possible spoilage.
Signs of NEC in Babies
If your baby has any of these symptoms, seek medical help immediately:
- Swollen or painful belly
- Blood in the stool
- Trouble feeding or not eating
- Vomiting (especially green or yellow)
- Low energy or tiredness
- Changes in body temperature or heart rate
NEC Risk Factors
A baby is more likely to develop NEC if they:
- Were born before 37 weeks (premature)
- Weigh less than 5.5 pounds
- Were fed cow’s milk formula instead of breast milk
- Had other illnesses or infections
- Were treated in hospitals with bacterial outbreaks
- Received a blood transfusion
Studies show that feeding breast milk or donor milk can lower the risk of NEC.
Can You Take Legal Action?
If your baby developed NEC after using formula, you may be able to file a lawsuit. Many parents claim that companies knew the risks but didn’t warn families.
You can speak with legal experts to find out if you qualify for compensation to cover medical bills, pain and suffering, and more.
Mass Tort vs. Class Action: What’s the Difference?
There are two ways legal cases like this are handled:
- Mass Tort: Each family files their own case, and each story and injury is looked at separately.
- Class Action: One big case represents many people with the same issue.
Choosing the right option depends on your situation. A free case review can help you understand what’s best for you.
