Lawsuit Claims Cowโs Milk-Based Baby Formula Use Resulted in Infant Suffering Devastating NEC Symptoms
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Premature Infants Fed Formula More Susceptible to Serious Adverse Health Events, CDC Study WarnsResearchers warn of increased health risks for low birth weight and premature infants fed formula like Similac or Enfamil, instead of human milk. August 23, 2022 Irvin Jackson Add Your CommentsA new report released by federal health officials laments the lack of available human donor milk for low birth weight and premature infants, and strongly advises against giving infant formula to premature infants, due to the risk of necrotizing enterocolitis (NEC), which reinforces claims raised in a growing number of NEC lawsuits against Similac and Enfamil manufacturers.U.S. Centers for Disease Control and Prevention (CDC) researchers indicate human donor milk is still not available for very low birth weight (VLBW) infants at 13% of U.S. hospitals with neonatal intensive care units, according to a report published last week in the agency’s Morbidity and Mortality Weekly Report.Although health officials have been warning about the importance of using human breast milk for premature and low-birth weight infants, the makers of Similac and Enfamil have continued to make misleading promotional statements over the past few decades, even introducing versions of their cow’s milk-based infant formula that was marketed for premature infants, ignoring the known risk of necrotizing enterocolitis (NEC) and other health problems.A number of families are now filing Similac NEC lawsuits and Enfamil NEC lawsuits, alleging that infants may have avoided the devastating intestinal condition if the manufacturers had not misled families and the medical community. The lawsuits also indicate that the manufacturers set back the wider availability of donor human milk, by suggesting that the infant formula products were just as safe and effective.BABY FORMULA NEC LAWSUITSWas your premature child fed Similac or Enfamil?Premature infants fed Similac or Enfamil cow’s milk formula face an increased risk of necrotizing enterocolitis (NEC) or wrongful death.Learn MoreSEE IF YOU QUALIFY FOR COMPENSATIONBABY FORMULA NEC LAWSUITSWas your premature child fed Similac or Enfamil?Premature infants fed Similac or Enfamil cow’s milk formula face an increased risk of necrotizing enterocolitis (NEC) or wrongful death.Learn MoreSEE IF YOU QUALIFY FOR COMPENSATIONIn this latest report about the continuing problems with human donor milk availability, the CDC included a warning which calls for doctors to avoid giving infant formula to very low birth weight (VLBW) children, who it says are often born premature.โBenefits of human milk to infants with VLBW include decreased risk for necrotizing enterocolitis, a serious illness resulting from inflammation and death of intestinal tissue that occurs most often in premature infants, especially those who are fed formula rather than human milk; late-onset sepsis; chronic lung disease; retinopathy of prematurity; and neurodevelopmental impairment,โ the CDC researchers wrote.Necrotizing Enterocolitis Risk for Premature InfantsNecrotizing enterocolitis is a devastating complication that mostly impacts preterm infants, where the wall of the intestine is invaded by bacteria, leading to destruction of the bowel and often requiring emergency surgery while the baby is still in the NICU. This can leave the infant with severe and life-changing injuries, as well as a substantial risk of premature death.Over the past few decades, a number of studies have established that cowโs milk formula like Similac and Enfamil cause NEC at at substantially higher rates than is seen among premature babies fed breast milk or donor milk alone. However, many doctors and families are still quick to abandon breast feeding attempts and efforts to make human donor milk widely available is lagging years behind the research.In this latest report, researchers analyzed the CDCโs 2020 Maternity Practices in Infant Nutrition and Care survey. They found that human donor milk was unavailable for low birth weight infants at 13% of hospitals in the U.S. which have level III or IV neonatal intensive care units. Out of the 616 hospitals examined, even then just a little more than half reported that 80% or more low birth weight infants received donor milk.CDC researchers said the limited availability and use of donor milk could be due to several factors, including milk bank supplies, lack of knowledge about milk bank availability, lack of hospital leadership support and logistical challenges. The researchers also warned that lack of standardized policies and staff member training related to the importance of human donor milk may also play a role.โAddressing barriers related to the availability of milk banks, donation to milk banks, use of donor milk in hospitals, and knowledge and attitudes about donor milk could potentially increase its availability and use for infants with VLBW,โ the researchers concluded. โThe American Academy of Pediatrics and Baby-Friendly USA recently published documents outlining recommended practices for promoting human milk use for infants with VLBW and in the neonatal intensive care setting, which could provide guidance to hospitals implementing a donor milk program. State Perinatal Quality Collaboratives are another tool that could help birthing hospitals implement quality improvement initiatives to increase access to and use of donor milk to reduce morbidity and mortality in infants with VLBW.โCow’s Milk Formula RisksAlthough Abbott and Mead Johnson knew for years that NEC is substantially more likely among premature babies fed the formula instead of breast milk, families pursuing lawsuits over NEC complications experienced by their premature infants say the companies intentionally misled parents and the medical community, and enticed them to take even more risks with infant lives through deceptive marketing practices, free samples, and advertising campaigns designed to shame parents into not questioning the safety of their products.Given similar questions of fact and law raised in complaints filed in various different U.S. District Courts nationwide, the U.S. Judicial Panel on Multidistrict Litigation (JPML) established coordinated management for all NEC lawsuits against Similac and Enfamil manufacturers in April, requiring that any case filed throughout the federal court system be transferred to U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois. Written by: Irvin JacksonSenior Legal Journalist & Contributing EditorIrvin Jackson is a senior investigative reporter at AboutLawsuits.com with more than 30 years of experience covering mass tort litigation, environmental policy, and consumer safety. He previously served as Associate Editor at Inside the EPA and contributes original reporting on product liability lawsuits, regulatory failures, and nationwide litigation trends. Tags: Baby Formula, Breast Feeding, Enfamil, Hospitals, Infant, Infant Death, Necrotizing Enterocolitis, Similac Find Out If You Qualify for Infant Formula NEC CompensationMore Baby Formula Lawsuit Stories Enfamil NEC Lawsuit Cleared For MDL Trial in July 2026 May 14, 2026 Lawsuit Claims Cowโs Milk-Based Baby Formula Use Resulted in Infant Suffering Devastating NEC Symptoms May 8, 2026 Mead Johnson Lawsuit Claims Premature Child Developed NEC From Enfamil April 24, 2026 0 Comments CompanyThis field is for validation purposes and should be left unchanged.Share Your CommentsFirst Name*Last NameEmail* Shared Comments*This field is hidden when viewing the formI authorize the above comments be posted on this page Yes NoPost Comment I authorize the above comments be posted on this pageWeekly Digest Opt-In Yes, send me a weekly email with the latest lawsuits, recalls and warnings.Want your comments reviewed by a lawyer?To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.Contact Phone #Alt Phone #Private CommentsNOTE: Providing information for review by an attorney does not form an attorney-client relationship.CAPTCHAGA SourceGA CampaignGA MediumGA ContentGA TermΔ MORE TOP STORIES Depo-Provera Meningioma Side Effects Left Woman With Debilitating Migraines, Lawsuit Claims (Posted: 3 days ago)A Depo-Provera meningioma lawsuit indicates that a woman suffered permanent and debilitating injuries after needing to have a brain tumor surgically removed.MORE ABOUT: DEPO-PROVERA LAWSUITDepo-Provera Caused Meningioma 29 Years After First Birth Control Shots: Lawsuit (05/22/2026)Depo-Provera Lawsuit Filings Exceed 6,000, As Court Prepares for First Test Trials (05/18/2026)Intracranial Meningioma from Depo-Provera Shots Caused Hearing Loss, Vision Loss: Lawsuit (05/12/2026) Dupixent Injection Lawsuit Alleges Manufacturer Failed to Warn About T-Cell Lymphoma Cancer Side Effects (Posted: 4 days ago)Regeneron and Sanofi-Aventis face a Dupixent injection lawsuit from a Louisiana woman who says the companies knew about the drug’s risks but downplayed them to doctors and patients.MORE ABOUT: DUPIXENT LAWSUITDupixent Cancer Lawsuit Claims Eczema Drug Caused Womanโs CTCL Diagnosis (05/28/2026)Link Between Dupixent and Cancer Withheld From Doctors and Users, Lawsuit Alleges (05/11/2026)Lawsuit Indicates Dupixent Lymphoma Diagnosis Resulted in Multiple Rounds of Chemotherapy (05/01/2026) Port Catheter Thrombosis Lawsuit Claims Defective AngioDynamics Xcela Device Caused Injury (Posted: 5 days ago)A Nevada woman has filed a lawsuit alleging defects in AngioDynamicsโ port catheters caused her Xcela device to trigger a thrombosis in her right internal jugular vein.MORE ABOUT: ANGIODYNAMICS PORT CATHETER LAWSUITSmartPort Surgery Lawsuit Claims AngioDynamics Catheter Fractured Inside Womanโs Body (05/15/2026)18 AngioDynamics Port Catheter Lawsuits Will Be Selected for Bellwether Discovery in August 2026 (05/05/2026)AngioDynamics Catheter Lawsuit Claims SmartPort Device Embedded in Jugular Vein, Caused Embolism (04/30/2026)
Lawsuit Claims Cowโs Milk-Based Baby Formula Use Resulted in Infant Suffering Devastating NEC Symptoms May 8, 2026
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