Enfamil and Similac Baby Formula Lawsuit

Overview of Toxic Baby Formula NEC Lawsuits

Similac and Enfamil are two popular types of infant formula that have been marketed as safe and effective for premature babies. As a result, the baby formula is often fed to preemies or low birth weight infants in the NICU or hospital before discharge. However, cow’s milk-based products like Enfamil and Similac have been linked to necrotizing enterocolitis (NEC) among premature infants, which can result in serious injuries, lifelong health complications and death.

Link Between Similac and Enfamil and NEC

A number of studies published over the past three decades have highlighted the link between NEC and Similac, Enfamil or other cow’s milk formula fed to premature infants. However, false and misleading information has been provided to parents, hospitals and medical providers about the risks associated with baby formula and the benefits of breast milk.

Families are now pursuing Enfamil and Similac lawsuits in state and federal courts nationwide, alleging that the manufacturers placed their desire for profits before consumer safety. Free consultations and claim evaluations are provided to help determine if a family may be eligible for a baby formula NEC settlement, and there are no fees or expenses unless a recovery is obtained.

2023 Similac and Enfamil NEC Lawsuit Update: All Similac lawsuits and Enfamil lawsuits over NEC have been centralized as part of an MDL before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois since April 2022, where parties are preparing a small group of representative claims for early trial dates. While the outcomes of these “bellwether” trials will not be binding on other families, the average NEC lawsuit payout amount may influence the amount of any settlement offers Abbott or Mead Johnson may offer to resolve claims in the future.Abbott is already facing a number of necrotizing enterocolitis (NEC) lawsuits brought by parents of premature infants who developed a devastating gastrointestinal illness caused by cow’s milk-based infant formula products.

In September 2022, the judge appointed a group of 12 lawyers to serve in various leadership positions during the multidistrict litigation (MDL) proceedings.

In early October 2022, parties submitted a list of 66 claims which could serve as potential bellwether trials. That list will be whittled down to four cases which will serve as the first early test cases.

In November 2022, plaintiffs proposed a infant formula NEC bellwether trial schedule which would see the first case go before a jury in mid-2024.

In April 2023, the parties agreed on a series of discovery protocols that will help prepare the bellwether NEC lawsuits for early trial dates.

U.S. District Judge Rebecca R. Pallmeyer has ordered a series baby formula NEC settlement talks be held in October 2023, to explore a resolution for hundreds of similar claims being pursued by families nationwide before the first bellwether trials begin.

However, in June 2023 Judge Pallmeyer dismissed all of the infant formula NEC class action lawsuits, allowing the individual claims to proceed. Shortly following, the parties submitted a joint plan to select 10 potential baby formula NEC lawsuits for the first bellwether trials.

Status of Enfamil and Similac Baby Formula Lawsuits

• Baby formula NEC lawsuits are being pursued against Abbott Laboratories (manufacturer of Similac) and Mead Johnson (manufacturer of Enfamil)
• One of the earliest cases was a Similac necrotizing enterocolitis lawsuit filed in May 2021, by the parents of a premature baby born in April 2019, who died only 16 days later. The lawsuit alleges that Similac caused NEC, and that the manufacturer failed to adequately warn about the risk.
• Many plaintiffs accuse the manufacturers of deceptive marketing, noting that they not only use coupons, free samples and misleading information to trick mothers into believing their infant formula products are safe, but also employ advertising campaigns which seek to dissuade criticism of the fact that their products are less safe than breast feeding despite scientific evidence supporting such criticisms.
• In August 2021, a federal judge rejected an attempt by Abbott Laboratories to entirely dismiss a wrongful death lawsuit filed, certifying two questions to the Connecticut state Supreme Court that are relevant to the claims for failure to warn about the link between Similac and NEC.
• On February 17, Abbott announced a recall of some Similac and other infant formula products manufactured at its’ Sturgis, Michigan facility due to cronobacter and salmonella contamination linked to several infant illnesses and at least two child deaths. The company has already been hit by lawsuits and a senate inquiry over evidence it knew about the contamination months before the recall was announced.
• The U.S. Judicial Panel on Multidistrict Litigation (JPML) is expected to hear oral arguments over whether all Similac and Enfamil NEC lawsuits should be consolidated before one judge for pretrial proceedings as part of an MDL, or multidstrict litigation in the coming months.
• On April 8, 2022, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued an order (PDF) establishing a federal multidistrict litigation (MDL) for the NEC lawsuits over Similac and Enfamil, transferring all claims to U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois. Judge Pallmeyer is expected to call for a series of early “bellwether” trials designed to help gauge how juries are likely to respond to certain evidence that will be repeated throughout the litigation.

Enfamil and Similac NEC Risks

Necrotizing enterocolitis (NEC) is a serious health condition that may be caused by toxic baby formula, where an infant’s intestinal tissues becomes inflamed. If left untreated, it can cause that tissue to die, resulting in perforations in the intestines, which allow bacteria to leak into the abdomen or infiltrate the bloodstream. This can lead to life-threatening infections, narrowing of the intestines, short bowel syndrome, developmental delays and a failure to thrive.

About 90% of NEC cases occur among babies born in the 37th week of pregnancy and about 1 out of every 1,000 premature infants may be effected. It is usually diagnosed through a blood test for bacterial infections, fecal tests looking for blood in the stool, or by x-rays revealing air bubbles in the abdomen or around the intestines.

Symptoms can include:

• Abdominal pain
• Abdominal swelling
• Changes in heart rate, blood pressure, breathing and temperature
• Bloody diarrhea
• Green or yellow vomit
• Inability to gain weight
• Lack of appetite
• Lethargy

Although numerous studies published in recent years have linked Similac and Enfamil to an increased risk of NEC, the manufacturers have failed to provide adequate warnings about the potential risk to infants, and in fact still promote their products as a preferred, premium formula for premature infants.

Some studies have indicated babies fed cow’s milk formula exclusively are six to 10 times more likely to be diagnosed with NEC than infants given only breast milk.

Free Similac or Enfamil Lawsuit Evaluation

NEC lawyers provide free consultations and claim evaluations to help determine if financial compensation and settlement benefits may be available as a result of the manufacturers’ failure to warn about the link between Similac, Enfamil and necrotizing enterocolitis.

Toxic baby formula Lawsuits are being investigated nationwide for parents of infants who were left severely injured, or who died, due to an NEC diagnosis after being fed Similac or Enfamil while hospitalized.