NEC Baby Formula Lawsuit

If your infant developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based baby formula such as Similac or Enfamil, you may be eligible to file an NEC baby formula lawsuit. 

NEC is a serious and often life-threatening gastrointestinal condition that primarily affects preterm infants. Scientific studies have increasingly linked cow’s milk-based formulas to a higher risk of NEC in these vulnerable newborns. Despite this known risk, some manufacturers failed to warn hospitals and parents, leaving families blindsided by devastating outcomes.

At Daly & Black, P.C., we help families seek accountability and justice when their child’s health is compromised by corporate negligence. If your baby was diagnosed with NEC after formula feeding, we’re ready to go ALL IN. ALL THE TIME. to help you pursue the compensation and answers you deserve.

Understanding Necrotizing Enterocolitis (NEC)

Necrotizing enterocolitis (NEC) is a severe gastrointestinal disease that primarily affects premature and low birth weight infants. The condition causes inflammation and bacterial infection in the intestines, which can lead to tissue death, intestinal perforation, sepsis, and in extreme cases, death. NEC often requires emergency surgery and can result in long-term health complications such as short bowel syndrome and developmental delays.

Numerous peer-reviewed studies have found that preterm infants fed cow’s milk-based baby formula, like Similac or Enfamil, are significantly more likely to develop NEC compared to those fed human breast milk. These formulas may overwhelm an underdeveloped digestive system, triggering a cascade of immune and inflammatory responses in the fragile intestinal lining.

Despite growing scientific evidence about the dangers associated with cow’s milk-based formulas, many manufacturers failed to adequately warn hospitals, caregivers, and parents. As a result, families across the country are now filing NEC baby formula lawsuits to hold these companies accountable for the harm caused to their children. 

Key Facts About NEC in the United States 

Necrotizing enterocolitis (NEC) affects approximately 7,000 infants annually in the United States, predominantly impacting premature and low birth weight infants.

The mortality rate for NEC varies depending on the severity and treatment approach. Overall, it ranges from 10% to 50%, with higher rates observed in infants requiring surgical intervention.

Among NEC survivors, approximately 25% to 61% may experience neurodevelopmental disabilities, and 15% to 35% may suffer from severe intestinal problems, such as short bowel syndrome or long-term digestive issues.

These statistics underscore the serious nature of NEC and its potential long-term impact on affected infants and their families. When preventable exposure to unsafe formula plays a role, legal action may be a vital step toward accountability and justice.

Legal Grounds for Filing an NEC Baby Formula Lawsuit

Parents across the country are pursuing NEC baby formula lawsuits against manufacturers like Abbott Laboratories (Similac) and Mead Johnson (Enfamil) for exposing premature infants to unsafe products. These cases often involve the following legal claims:

Product Liability 

NEC lawsuit lawyers argue that cow’s milk-based formulas are inherently dangerous for premature infants, especially when safer alternatives exist. Manufacturers may be held liable for placing defective or unsafe products on the market without proper testing for vulnerable populations.

Failure to Warn 

One of the most common allegations is that formula manufacturers failed to provide clear warnings about the increased risk of NEC. Despite years of clinical research linking cow’s milk-based formula to this condition, many products still lacked adequate labeling for hospital use or at-home care.

Negligence 

These claims focus on whether companies breached their duty of care by marketing formulas without sufficient safety evaluations, or by ignoring known scientific evidence. Plaintiffs assert that these companies knew, or should have known, about the risks but continued to prioritize profits over infant health.

If your baby was fed formula like Similac or Enfamil and developed NEC, you may have grounds to file a lawsuit. 

Our team at Daly & Black, P.C. is experienced in complex product liability litigation and ready to hold negligent manufacturers accountable.

Who Can File a Baby Formula NEC Lawsuit?

You may be eligible to file a baby formula lawsuit if your child was born prematurely, fed a cow’s milk-based formula like Similac or Enfamil, and subsequently diagnosed with necrotizing enterocolitis (NEC). 

This includes parents and legal guardians of children who suffered serious health complications—or in tragic cases, wrongful death—as a result of NEC. Even if your child has since recovered, long-term effects may still entitle you to compensation under applicable laws.

What Compensation Can I Seek in an NEC Lawsuit?

The damages available in an NEC lawsuit will depend on the specifics of your case, including your child’s diagnosis, treatment, and long-term prognosis. Compensation may include:

• Medical Expenses: Coverage for surgeries, hospitalizations, NICU care, and ongoing treatments related to NEC.
• Pain and Suffering: Compensation for your child’s physical and emotional suffering, as well as your own trauma as a caregiver.
• Loss of Future Earnings: If NEC results in permanent disabilities, your family may be entitled to recover future lost income and diminished earning capacity.
• Funeral Costs: In wrongful death cases, families may also recover funeral and burial expenses.

How to Start the Legal Process

If you believe that cow’s milk-based formula contributed to your child’s NEC diagnosis, the first step is to consult with an experienced attorney who specializes in product liability and mass tort cases. Your lawyer will review the details of your case, including your baby’s medical history, the type of formula they were fed, and the progression of their condition.

At Daly & Black, P.C., we offer free consultations to parents who believe their child’s NEC was caused by formula. We understand the emotional and financial toll that this condition can have on families, and we are committed to helping you seek justice.

Why You Should Take Action Now

It’s important to take action as soon as possible, as there are time limits on how long you have to file a claim. These time limits, known as statutes of limitations, vary by state. An attorney can help you understand how much time you have to pursue legal action based on the specific circumstances of your case.

By filing a lawsuit, you are not only seeking compensation for your family but also helping to hold formula manufacturers accountable for the harm caused to countless other infants. Your legal action could push companies to make necessary changes to their products or improve their warning labels, potentially preventing future cases of NEC.

FAQ

What is the NEC baby formula lawsuit about?

The NEC baby formula lawsuit alleges that manufacturers of cow’s milk-based formulas, such as Similac and Enfamil, failed to warn consumers about the increased risk of necrotizing enterocolitis (NEC) in premature infants. Families are pursuing legal action to hold these companies accountable for injuries, medical costs, and wrongful deaths linked to their products.

Who qualifies to file a baby formula NEC lawsuit?

You may qualify if your baby was born prematurely, was fed a cow’s milk-based formula, and was subsequently diagnosed with NEC. Both parents and legal guardians may be eligible to file claims, including those involving long-term complications or wrongful death.

How can a lawyer help with an NEC baby formula lawsuit?

An experienced NEC lawsuit lawyer can guide you through the legal process, gather medical records and expert testimony, and fight for full compensation on your behalf. At Daly & Black, we’re committed to helping families secure justice and hold formula manufacturers accountable.

We’re Ready to Fight for Your Family

If your child developed necrotizing enterocolitis after consuming cow’s milk-based baby formula, you’re not alone and you don’t have to face this battle without help. At Daly & Black, P.C., we understand the grief, anger, and confusion families face after a preventable medical crisis. Our team is prepared to investigate your claim, confront powerful manufacturers, and pursue the full compensation you may be entitled to.The sooner you act, the stronger your case may be. Call Daly & Black today to schedule your free consultation. We’re ALL IN. ALL THE TIME. for families like yours.