Lawsuits have been filed by the parents of premature babies who died of necrotizing enterocolitis after being given Similac and Enfamil infant formula.
What You Can Do & How We Can Help
The Schmidt Firm, PLLC is currently accepting necrotizing enterocolitis induced injury cases in all 50 states. If your child was injured or died after being given Similac or Enfamil baby formula, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Drug Litigation Group or call toll free 24 hours a day at (866) 920-0753.
UPDATE: Baby Formula Lawsuits Centralized in Federal Court
In April 2022, federal judges decided to centralize dozens of baby formula lawsuits into a single federal court. Like a class action, this means that future NEC baby formula lawsuits will be coordinated into a Multi-District Litigation (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.
Baby Formula Recalled for Risk of Deadly Infections in Texas
In February 2022, Abbott Nutrition issued a recall for Similac®, Alimentum® and EleCare® powdered baby formula manufactured at a facility in Sturgis, Michigan, due to a risk of deadly infections.
The babies were sickened in the states of Minnesota (1), Ohio (1), and Texas (2) between September 6, 2021 and December 18, 2021. They were infected with two types of bacteria: Salmonella and Cronobacter. One baby died after being infected with Cronobacter, according to the FDA Warning.
The recall involves infant formulas with the following information on the bottom of the container:
- Similac®, EleCare® and Alimentum®
- Product code: First two digits are 22 through 37
- Code on the bottom of the container contains “K8,” “SH,” or “Z2”
- Expiration date: 4-1-2022 (APR 2022) or later
Dozens of Families File Necrotizing Enterocolitis Lawsuits in Illinois
December 2021 — The parents of at least 33 children who developed Necrotizing Enterocolitis (NEC) have filed lawsuits in Illinois.
The lawsuits claim that cow’s milk-based formula poses a life-threatening risk of NEC for premature babies. The parents accuse the manufacturers of Similac and Enfamil (Abbott Laboratories and Mead Johnson Nutrition Co.) of failing to warn that NEC is a side effect of formula, despite studies dating back to the 1990s confirming the risk.
The parents have asked the Illinois Supreme Court to centralize their lawsuits in Madison County for pretrial proceedings, according to Law360.
The lawsuits accuse the companies of aggressively marketing their cow’s milk-based baby formulas as safe and necessary for the health of premature babies, despite the fact that NEC is an “extremely dangerous” and potentially deadly intestinal side effect of formula.
The marketing strategy “exploits new parents’ darkest fears” that a mother’s breast milk is not enough, “while wholly failing” to warn them about the higher risk of NEC from formula compared to breast milk..
The lawsuit is Destin Jupiter et al. v. Mead Johnson & Company LLC et al. in the Circuit Court of the Third Judicial Circuit (Madison County, Illinois) — Case Number 2021 L 000560.
Enfamil Lawsuit Blames Baby Formula for Necrotizing Enterocolitis
In June 2021, a lawsuit was filed by the parents of a premature baby boy who developed necrotizing enterocolitis after being given Enfamil and/or Similac cow’s-milk based baby formula in the hospital. The boy needed surgery to remove a large part of his intestines. Madison County Circuit Court case number 21-L-000560.
Similac Necrotizing Enterocolitis Lawsuit Filed in California
In May 2021, the parents of a premature baby who died of necrotizing enterocolitis filed a lawsuit against the makers of Similac infant formula, accusing the company of failing to warn about the deadly risk.
The lawsuit accuses Abbott Laboratories and Mead Johnson & Company, LLC of failing to warn about the risk of necrotizing enterocolitis when Similac is given to very premature infants.
The case was filed on May 14, 2021 in the U.S. District Court for the Eastern District of California — Case Number 1:21-cv-00798.
Who Filed the Similac Lawsuit?
The Similac lawsuit was filed by the parents of Daniel R., a baby who was born prematurely at only 31 weeks gestation. He was given Similac infant formula in the Neonatal Intensive Care Unit (NICU) at Valley Children’s Hospital in Madera, California. Tragically, he developed necrotizing enterocolitis in the NICU and died at only 16 days old.
1990 Study Links Formula and Necrotizing Enterocolitis
The lawsuit points to a study in 1990 in which 926 premature infants were found to be 6- to 10-times more likely to develop necrotizing enterocolitis if they were exclusively fed cow milk-based infant formula, compared to infants who were fed human breast milk alone (Source: “Breast milk and neonatal necrotising enterocolitis”).
What is the Problem?
Over the last 30 years, many other studies have confirmed that premature infants should be given human breast milk exclusively. In 2012, the American Academy of Pediatrics also recommended that premature infants should only be given human breast milk.
Even so, the label on Similac and Enfamil do not include warnings about this life-threatening risk — instead, the label on Similac only warns that “very low birth-weight infants are particularly susceptible to gastrointestinal complications.”
What is Necrotizing Enterocolitis?
Necrotizing enterocolitis (NEC) is inflammation in the intestines that commonly occurs in premature infants. The inflammation can severely damage the intestines and cause a hole that allows bacteria to leak out into the abdomen, resulting in an infection. Once this occurs, the infection can spread rapidly in the body and cause death.
Symptoms of necrotizing enterocolitis (NEC)
- Tummy bloating or swelling
- Tummy redness or abnormal color
- Poor feeding
- Vomiting
- Bloody bowel movements
- Lack of energy
- Fever
- Breathing pauses
More Studies Link Formula With Higher Risk of NEC & Feeding Intolerance
In November 2021, a study by Canadian researchers found that premature and low-birth-weight infants who were fed cow’s milk-based formula were 3-times more likely to be transferred to the NICU due to suspected NEC than babies who were fed donor breast milk.
In October 2021, similar findings were published in the journal Nutrients by researchers who called breast milk the “gold standard” for growth and development during infancy. They also observed a lower risk of NEC from human breast milk vs. formula.
List of Cow’s-Milk Baby Formulas
Around 80% of baby formulas are cow’s milk-based. Almost every major brand offers a cow’s-milk based infant formula. Here are a few examples:
Do I have a Necrotizing Enterocolitis Lawsuit?
The Schmidt Firm, PLLC is currently accepting necrotizing enterocolitis induced injury cases in all 50 states. If your child was injured or died after being given Similac or Enfamil baby formula, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Drug Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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