NEC Lawsuit

What Is Necrotizing Enterocolitis and Is It Caused by Cow Milk-Based Formulas?

NEC is a serious and devastating gastrointestinal disease that mainly affects the intestines of premature and low-weight infants. NEC is caused by a harmful bacteria that attacks the wall of the newborns intestines which can lead to a local infection and inflammation. This inflammation of the colon can lead to the death of the organ tissue and ultimately destroy the intestinal wall or result in perforations of the intestinal tissue. Once the intestinal wall has been destroyed by bacteria, the result can be the spillage of stool into the infant’s abdomen and abdominal cavity leading to an overwhelming infection, organ failure, bowel disease and even death.

Premature babies and low birth weight infants often need extra nutrition to address their low weight. Most hospitals, nurses, and doctors recommend that preterm infants with low birth weight be put on a bovine-based formula if the baby is having difficulty or will not breastfeed. Given that the decision to supplement the diet of a premature child with a cow milk-based formula is regularly made, one would expect it to be a safe decision. Unfortunately, this is not always the case and it can lead to serious medical problems and increased mortality rates in newborn preterm babies.

The Latest NEC BABY FORMULA Lawsuit Update

What are the NEC Lawsuits based on?

Recent research and scientific evidence has shown that some cow milk-based infant formulas have been linked to a deadly gastrointestinal disease called necrotizing enterocolitis (NEC). The use of a cow milk-based baby formula can lead to an increased risk of developing the gastrointestinal disorder, which can result in the intestinal wall becoming inflamed and later destroyed. In some cases, this can result in infection, blood poisoning, and tragically, death.

The NEC Baby Formula Lawsuits allege that the makers of these formulas knew of the risks of NEC and failed to warn of the possible risks associated with their use. Abbott Laboratories (Similac) and Mead Johnson & Company (Enfamil) have not added adequate warning labels to their products regarding the potential risks. It is unclear if hospitals, doctors or other medical professionals were or were not aware of the risks and therefore could not have warned already overstressed mothers and fathers of the risks. Even the FDA’s website states that premature infants should not consume cow milk-based formula.

If your premature child was diagnosed with necrotizing enterocolitis (NEC) after being fed cow milk-based infant formulas, you should contact a skilled NEC baby formula attorney to help you establish a defective product claim. You may be entitled to financial compensation for medical bills and medical expenses as a result of NEC related medical care, pain and suffering, lost wages and potentially punitive damages for the injuries caused by the cow milk-based formula. If your baby passed away after suffering from NEC, you are entitled to file a wrongful death lawsuit against the infant formula manufacturers Abbott Nutrition and Mead Johnson for your baby’s fatal injuries. Additionally, you will be able to file a claim on your own behalf as parents for emotional distress.

What causes Necrotizing Enterocolitis?

The exact causes of necrotizing enterocolitis are unknown but the condition typically presents itself in infants who are born premature and are formula feeding. On average, NEC affects one out of every one thousand preterm babies.

Researchers believe NEC occurs due to the extremely thin lining of the intestines in premature babies. Clinical studies have confirmed that premature babies fed only human breast milk have a lower risk of NEC and death.

Some doctors and researchers believe that cow milk-based baby formulas are harder for a premature baby to digest because of their bacterial makeup and contribute to the incidence of NEC. Additionally, infant formula products may not be fully sterile and may pose the risk of a serious bacterial infection for a vulnerable preterm baby.

What are the symptoms of NEC?

Weeks after birth, a premature baby may experience the following symptoms which often require treatment in the intensive care unit or NICU, as a sign of NEC:

• Low blood pressure
• Slow heart rate
• Abnormal breathing patterns
• Vomiting
• Fluctuations in temperature
• Tiredness
• Refusal to eat or hold down food
• Diarrhea
• Abdominal pressure
• Swollen, red, or tender stomach
• Bloody stool

 Necrotizing enterocolitis can also result in serious injury including permanent blindness, loss or removal of the small and/or large intestine, and cerebral palsy. Sometimes, NEC results in intestinal tissue removal leading to short bowel syndrome and impacting the baby’s development and growth. Some babies can develop intestinal strictures, which can make it difficult for food to pass through and may require surgery to correct.

What is the recent scientific evidence linking NEC and Cow Milk formula?

• Pediatrics and Child Health – An October study finding that breast milk is preferable after a premature birth because it reduces the risk of NEC
• Journal of the American Academy of Pediatrics – premature infants given exclusively human breast milk showed a 77% reduction in NEC
• Cochrane Study – A study of over 1,900 premature infants found those fed a cow’s milk-based formula had 7 times higher rate of NEC
• Breastfeeding Medicine – Beyond Necrotizing Enterocolitis Prevention: Improving Outcomes with an Exclusive Human Milk-Based Diet – A study of over 1,500 newborns finding lower incidence of NEC in those who received only human breast milk versus a bovine-based formula

What infant formulas are included in the Enfamil lawsuits and the Similac lawsuits?

Mead Johnson Nutrition is facing Enfamil lawsuits based upon claims of failure to warn of the risks of developing NEC after using Enfamil’s cow milk-based baby formulas including the following: 

• Enfamil NeoPro EnfaCare Infant Formula
• Enfamil Premature Infant Formula 20 Cal with Iron
• Enfamil 24 Cal Infant Formula
• Enfamil Premature Infant Formula 24 Cal High Protien
• Enfamil Premature Infant Formula 24 Cal with Iron
• Enfamil Premature Infant Formula 30 Cal with Iron
• Enfamil Human Milk Fortifier
• Enfacare Powder

 Similarly, Abbott Laboratories, Inc. is facing Similac lawsuits based upon claims of failure to warn of the risks of developing NEC after using Similac’s cow milk-based infant formula including the following: 

• Similac NeoSure
• Similac Alimentum Expert Care
• Similac Liquid Protein Fortifier
• Similac Human Milk Fortifier
• Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
• Similac Special Care 20
• Similac Special Care 24
• Similac Special Care 24 High Protien
• Similac Special Care 30

What settlement amounts are expected in NEC Infant Formula Lawsuits?

While it is early in the NEC infant formula mulit-district litigation, estimated settlement amounts and financial compensation payouts can be calculated by looking at jury verdicts in NEC medical malpractice lawsuits. Those payouts include: 

• New York Verdict: $5 million
• New York Settlement: $1.35 million
• California Settlement: $10 million
• Michigan Settlement: $50,000
• Louisiana Settlement: $347,000
• Florida Settlement: $900,000
• Massachusetts Verdict: $7 million

How much does it cost to have an NEC Infant Formula Lawyer review your case?

At Marin and Barrett, Inc., our personal injury lawyers work strictly on a contingency fee basis.  This means we only get paid if your claim results in a settlement or verdict in your favor. Additionally, we provide a free NEC baby formula case evaluation to give you your legal options to help determine the best course of action for your bovine formula product liability lawsuit.

Call Our Top Rated Baby Formula Attorneys Today

The baby formula products industry is an international financial powerhouse, spending $57 billion worldwide and $2.1 billion in the U.S. Do not go it alone! Let us fight them for you to get the compensation you rightfully deserve. We work hand in hand with some of the most experienced and respected law firms nationwide and have the resources your case needs to stand toe to toe with the giant baby formula manufacturers. We can help you recover the expensive medical costs incurred to treat NEC as well as damages for pain, suffering, and emotional trauma caused by an NEC diagnosis.

At Marin and Barrett, Inc. we firmly believe that the client’s needs come above all else and have established a fully transparent fee structure to reflect that. We work on all potential baby formula lawsuits on a strictly contingency fee basis, meaning that we do not receive anything from you unless we are able to recover money either by settlement or verdict. Regardless of what type of case you have or what is required, you will know everything up front with no surprises. We shoulder the costs of filing the toxic baby formula lawsuit on your behalf and at no risk to you.​ Call the NEC Baby Formula lawyers Marin and Barrett, Inc. today to begin taking legal action and schedule your free consultation. It only takes a few moments and there is no obligation.

BABY FORMULA DISCLAIMER: Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor’s advice can result in injury or death.

ATTORNEY MATTHEW MARIN Rhode Island , Connecticut, Massachusetts and South Carolina​ 

• ​Assisting clients as a Rhode Island Baby Formula Lawyer, South Carolina Baby Formula Lawyer, Connecticut Baby Formula Lawyer, and a Massachusetts Baby Formula Lawyer

ATTORNEY KENSLEY BARETT 

• Admitted in Rhode Island
• ​Assisting clients as a Rhode Island NEC Baby Formula Lawyer

ATTORNEY NICHOLAS PARRILLO 

• Admitted in Rhode Island and Massachusetts
• Assisting clients as a Rhode Island Baby Formula Lawyer and a Massachusetts NEC Baby Formula Lawyer