NEC Baby Formula Lawsuit
Cows’ milk baby formulas made by Similac and Enfamil have been linked to causing potentially deadly infections in premature infants.
Why are people suing baby formula manufacturers?
In 2011, a 10-day-old Missouri baby suddenly passed away from a fatal bacterial infection after being fed premature infant formula. Soon after he was given a serving of Enfamil Premium Newborn formula, he was diagnosed with Necrotizing enterocolitis (NEC), a common, but serious illness that causes intestinal tissue to become inflamed in premature infants.
Formulas were pulled from shelves nationwide after test results showed that the infection was caused by Cronobacter sakazakii, a germ known to contaminate powdered baby formula and other dry foods. Since the boy’s death, over 500 families have sued Similac and Enfamil for failing to warn buyers about the severe risks associated with their products.
NEC lawsuit qualifications
If your premature infant was diagnosed with necrotizing enterocolitis (NEC) at the hospital after being fed cows’ milk baby formula made by Similac (owned by Abbott) or Enfamil (owned by Reckitt/Mead Johnson), you may be eligible for compensation. Your family can also begin a claim for wrongful death if your baby passed away. Claim eligibility expires 10 years after your baby’s initial diagnosis.
Any baby formula made by either Similac or Enfamil containing cows’ milk will qualify for the lawsuit, but these are some of the most common products affecting families:
- Similac Special Care (all varieties)
- Similac Human Milk Fortifier (all varieties)
- Similac Liquid Protein Fortifier
- Similac Alimentum (all varieties)
- Similac NeoSure
- Enfamil 24 cal infant formula
- Enfamil Human Milk Fortifier (all varieties)
- Enfamil NeuroPro Enfacare (all varieties)
- Enfamil Premature Infant Formula (all varieties)
- Enfamil DHA & ARA Supplement
Get a free case review today.
Ready to get in touch with a legal representative? Complete our short survey to determine if you qualify for a NEC baby formula settlement.
- Free, no-obligation consultations
- No fees unless you win your case
- Nationwide network of personal injury attorneys
What can I expect from my NEC baby formula settlement?
While an exact amount is impossible to predict, previous verdicts range from tens of thousands to tens of millions. It’s important to note that your case will be individually assessed, meaning your settlement will not be shared with others. Our priority is to ensure the best possible outcome for you, not inflating attorney profits.
Our qualification process
Because we provide our services with legal advocates across the United States, you may receive a call with an unknown number or an area code you might not recognize.
- Submit the eligibility form to pre-qualify for the lawsuit of your choice.
- Wait 1-2 business days to receive a call from one of our legal advocates and begin the case review process.
- Let an attorney in our network take care of the rest. We’ll build your case for you!
Why Free Legal Reviews?
At Free Legal Reviews, we’re here to make your journey to justice easy and stress-free. Our network of skilled personal injury attorneys is ready to provide you with a free case review and fight for your rights on a contingency basis, meaning no upfront costs for you. We believe everyone deserves top-notch legal representation, and we’re excited to guide you every step of the way.
Ready to get started on a claim? Let us help you secure the compensation you deserve. With Free Legal Reviews, a brighter future is just a click away!
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Frequently asked questions about the NEC baby formula lawsuit
If you have anything else you want to ask, reach out to us.
Can I still qualify if my baby was given infant formula at home?
Unfortunately no, your case is not eligible if your baby developed NEC at home. If your child had been diagnosed at the hospital, your baby’s physician would have provided you with a medical record that would have acted as a key point of evidence for your case.
But, if your child developed NEC while at home, then it would be far more difficult to prove that cow’s milk formula was the absolute cause of your baby’s diagnosis. Due to this difficulty, we are unable to accept NEC cases that began off-site from the hospital.
My premature baby is sick, but how do I know if it's NEC?
There are several signs of NEC that tend to appear for premature infants between 2-6 weeks old. These symptoms include:
- Abdominal pain and/or swelling
- Green or yellow vomit
- Diarrhea containing blood
- Refusal to drink formula
- Unusual or excessive fatigue
- Unusual or excessive fatigue
- Change in heart rate, breathing, blood pressure, or temperature
How much can I expect to win from an NEC settlement?
Since this is a relatively new lawsuit that has not yet made it to a bellwether trial, legal proceedings have not reached any settlements or verdicts as of 2024. We’ll make sure to keep you updated on any future developments about this lawsuit and the average payouts that claimants receive once trials have begun.
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