Lawsuit Claims Cowโs Milk-Based Baby Formula Use Resulted in Infant Suffering Devastating NEC Symptoms
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Punitive Damages Over Similac NEC Risks Cleared to Move Forward in Lawsuit Against AbbottLawsuit over the risk of NEC from Similac infant formula presents serious enough claims to meet even stringent punitive damages standards, judge finds July 20, 2023 Irvin Jackson Add Your CommentsA federal judge has ruled that a Maryland mother will be allowed to seek punitive damages from Abbott Laboratories, in a lawsuit filed over the infant formula manufacturer’s failure to adequately warn the medical community about the risk of necrotizing enterocolitis (NEC) from Similac, which left her child with devastating, life-long injuries.A complaint filed by Keosha Diggs is just one of a growing number baby formula NEC lawsuits being pursued against the makers of Similac and Enfamil, each raising similar allegations that information was concealed for decades about the risks premature infants face from the cowโs milk-based infant formula.Necrotizing enterocolitis (NEC) is a devastating gastrointestinal disease, which primarily impacts premature babies, occurring when harmful bacteria breaches the walls of the intestines, causing portions of the tissue to become inflamed or die. The condition often results in the need for emergency surgery while the baby is still in the NICU, and many infants do not survive NEC.According to allegations raised by Diggs and other parents pursuing aย Similac lawsuitย andย Enfamil lawsuit, Abbott Laboratoriesย and Mead Johnson placed a desire for profits before the health and safety of newborns by not only failing to adequately warn about the NEC risks, but specifically marketing versions of their formula for use by vulnerable preemies instead of human breast milk.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 COMPENSATIONGiven similar questions of fact and law raised in the claims, aย baby formula MDL (multidistrict litigation) was establishedย last year, centralizing all lawsuits over NEC caused by Similac or Enfamil before U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois, for coordinated discovery and pretrial proceedings.Similac NEC Punitive Damages to Move ForwardIn January, Abbott moved to dismiss the lawsuit filed by Keosha Diggs, which was originally brought in September 2022 and is now consolidated before Judge Pallmeyer.Diggs’ complaint seeks both compensatory damages for her child’s NEC diagnosis, as well as punitive damages, which are a more rare award that can be granted to punish a defendant for severe conduct, often resulting in substantially greater jury verdict. However, Abbott argued that the allegations raised in her complaint failed to satisfy the high standard for punitive damages under Maryland law, which requires that a plaintiff establish that the defendant committed a heinous or torturous act.In a Memorandum Opinion and Order (PDF) issued this week, Judge Pallmeyer denied Abbott’s motion to dismiss the punitive damages claim, determining that the allegations raised in the complaint are disturbing enough to meet Marylandโs punitive damages standards.โPlaintiff alleges that โDefendants have specifically marketed their formulas and fortifiers as necessary to the growth and development of preterm infants, when instead, these products pose a known and substantial risk to these babiesโ,โ the memorandum states. โPlaintiff further alleges that Abbott deliberately promoted the use of its products by, for example, intentionally encouraging NICUs to use their cowโs-milk-based products to feed preterm infants instead of developing a safety plan to protect preterm infants from NEC.โThese allegations are sufficient to allow Diggs’ complaint to move forward, since Judge Pallmeyer determined the allegations meet the tough Maryland standard and are backed up by cited scientific studies in the complaint, which a jury could conclude prove that the manufacturers knew or should have known of Similac NEC risks, even as they were promoting the infant formula for use by premature babies.The ruling does not mean Diggs will prevail in her case, or that the Court will rule the same in other claims. However, with Marylandโs punitive damages laws being more stringent than most states, the ruling suggests that Abbott and Mead Johnson will not only face compensatory damages if cases proceed to trial, but also may be hit with substantially greater punitive damage awards, which are typically multiple times the amount of the compensatory damages.July 2023 Similac NEC Lawsuit UpdateAs part of the coordinated management of the litigation, Judge Pallmeyer has established a โbellwetherโ program, where a group of 12 NEC lawsuits brought against the two infant formula manufacturers are going through case-specific discovery, and will be prepared for a series of early trial dates to help gauge how juries will respond to certain evidence and testimony that will be repeated throughout the litigation.A series of court-ordered infant formula NEC settlement talks will be held between October 15 and October 27, 2023, at which time the parties will participate in mediation on the Bellwether selections, which may also lay the ground work for negotiating an agreement that would settle all claims pending against the two manufacturers.Although the outcome of these early bellwether trials will not have any binding impact on other claims, they are expected to have a substantial impact on anyย baby formula NEC injury settlementsย the manufacturers may offer to avoid the need for each individual case to be remanded back to U.S. District Courts nationwide for separate trial dates in the future. 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: Abbott Laboratories, Enfamil, Infant Death, Infant Formula, Mead Johnson, Necrotizing Enterocolitis, Preterm Birth, Similac Image Credit: | 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 PhoneThis 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 Caused Meningioma 29 Years After First Birth Control Shots: Lawsuit (Posted: yesterday)Pfizer continues to face Depo-Provera lawsuits from across the U.S., including one by a woman who says she learned of her brain tumor nearly 30 years after she stopped receiving the injections.MORE ABOUT: DEPO-PROVERA LAWSUITDepo-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)Lawsuit Blames Depo Shot for Brain Tumors, Intense Headaches (04/28/2026) Mounjaro NAION Lawsuit Claims Side Effects Led to Permanent Vision Loss (Posted: 2 days ago)A Mounjaro vision loss lawsuit accuses Eli Lilly of failing to properly investigate the drug’s side effects and provide proper warnings before marketing it to the public.MORE ABOUT: OZEMPIC LAWSUITOzempic and Mounjaro Drug Class Linked to 35% Higher NAION Vision Loss Risk (05/14/2026)Ozempic Vision Loss Lawsuit Highlights Devastating Consequences of NAION Diagnosis (05/04/2026)GLP-1 Dementia, Alzheimerโs Disease Risks Questioned in New Study (04/27/2026) Suboxone Oral Film Lawsuit Claims Opioid Treatment Causes Tooth Decay (Posted: 3 days ago)According to a recently filed lawsuit, exposure to Suboxone oral film strips caused an Illinois man to suffer severe tooth decay that required extensive dental work.MORE ABOUT: SUBOXONE TOOTH DECAY LAWSUITLawsuit Alleges Suboxone Dental Damage Warnings Were Issued Too Late (05/07/2026)Study Finds No Birth Defect Risks From Suboxone When Compared to Methadone (04/30/2026)Judge Says Suboxone โSchedule Aโ Lawsuits Should Be Filed Individually or Dismissed (04/27/2026)
Lawsuit Claims Cowโs Milk-Based Baby Formula Use Resulted in Infant Suffering Devastating NEC Symptoms May 8, 2026
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