Baby formula companies are facing dozens of lawsuits for babies with Necrotizing Enterocolitis (NEC). Instead of a class action, this nationwide litigation has been centralized into a single federal court in Illinois.
What You Can Do & How We Can Help
The Schmidt Firm, PLLC is currently accepting baby formula and Necrotizing Enterocolitis (NEC) induced injury cases in all 50 states. If your baby was diagnosed with NEC after being fed Similac or Enfamil, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Class Action Litigation Group or call toll free 24 hours a day at (866) 920-0753.
What is the Problem?
Necrotizing Enterocolitis (NEC) is a potentially deadly intestinal side effect that can occur when premature babies are fed cow’s milk-based infant formula, like Similac or Enfamil.
Baby Formula Manufacturers Fail to Warn About NEC Risk
Studies dating back to the 1990s have confirmed that NEC is up to 10-times more common when premature babies are fed formula instead of breastmilk. Even so, Similac and Enfamil’s labels do not include any warnings about NEC, or information on how to reduce the deadly risk.
Baby Formula NEC Lawsuits
As a result, many parents only learned about the link between formula and NEC after their babies were diagnosed with this condition, required surgery to remove their intestines, or tragically died in the NICU.
Not surprisingly, the makers of Similac and Enfamil — Abbott Laboratories and Mead Johnson & Co. — are facing lawsuits from angry parents who are demanding stronger warnings about NEC.
NEC Lawsuits Centralized in MDL
In April 2022, federal judges agreed to centralize dozens of separate baby formula lawsuits from courtrooms nationwide to a single federal Multi-District Litigation (MDL).
This means that future baby formula lawsuits will be coordinated in MDL No. 3026 in the U.S. District Court for the Northern District of Illinois under Judge Rebecca R. Pallmeyer — IN RE: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation.
According to the MDL order issued by the panel of federal judges:
“All actions can be expected to share factual questions arising from allegations that cow’s milk-based infant formula products marketed under the Similac and Enfamil brand names have a higher propensity to cause necrotizing enterocolitis (NEC) in infants born prematurely than other, allegedly safer alternatives.
Can I Join a Class Action Lawsuit?
The Schmidt Firm PLLC is nationally recognized as a class action law firm, but our lawyers are not currently filing a NEC class action. Instead, we are filing individual lawsuits for babies with NEC who were fed Similac or Enfamil. If you believe you qualify, we may be able to help you file a lawsuit and seek financial compensation.
About Class Actions
Class action lawsuits are designed to help a lot of people seek compensation for similar legal claims. For example, class action settlements commonly provide small refunds for every consumer who bought a product that was falsely advertised. However, class actions can have disadvantages for people with serious injuries from defective products, which is why the courts have created the MDL process.
What is the MDL?
Multi-District Litigation (MDL) is similar to a class action in some ways. Like a class action, the MDL brings a lot of similar cases together into one court, under one judge, which streamlines the legal process.
After the evidence has been gathered, the judge overseeing the MDL may choose a few cases for “bellwether” trials to go in front of a jury. The outcome of these trials will help lawyers negotiate a settlement or another resolution for most of the other lawsuits in the MDL.
Why Our Law Firm is Filing Individual Lawsuits
Our law firm is filing individual lawsuits so we can focus on helping families and babies with serious injuries. There is no excuse for companies who push dangerous products on vulnerable infants and fail to warn parents and caregivers about deadly side effects like NEC.
Has There Been a Settlement?
No. Lawsuits involving NEC and baby formula are still in their early stages, and there have been no settlements yet. In the future, it is possible that lawyers will reach a settlement, or cases will go to trial and juries will award compensation to babies with NEC.
How Much Is My Lawsuit Worth?
If your baby was diagnosed with NEC after being fed Similac or Enfamil baby formula, you may be eligible to file a lawsuit and seek compensation for your baby’s health problems, pain and suffering, medical bills, long-term health problems, your lost income, or wrongful death.
Do I have a NEC Class Action Lawsuit?
The Schmidt Firm, PLLC is currently accepting baby formula and Necrotizing Enterocolitis (NEC) induced injury cases in all 50 states. If your baby was diagnosed with NEC after being fed Similac or Enfamil, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Class Action Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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