Similac NeoSure Formula Caused NEC for Preterm Baby, Lawsuit Claims

Family alleges link between NEC and Similac NeoSure Formula fed to newborn immediately after birth in the NICU, leading permanent injuries for the premature child.

A family from Nevada has filed a lawsuit against Abbott Laboratories, alleging that Similac Neosure caused NEC for their preterm baby, leaving the child with life-long injuries after surviving the severe gastrointestinal disorder caused by cow’s milk infant formula.

The complaint (PDF) was filed by Darius Medly and Chakoya Robinson, the parents of a minor child identified only with the initials K.M. in the lawsuit, which was brought in the U.S. District Court for the District of Nevada on February 12.

The Similac NeoSure lawsuit names Abbott Laboratories as the sole defendant, indicating the company failed to warn parents and the medical community that it’s infant formula recipe exposes premature babies to an increased the risk of Necrotizing enterocolitis (NEC), a devastating disease that occurs when the wall of the intestine are invaded by bacteria, leading to destruction of the bowel and often requiring emergency surgery while the baby is still in the neonatal intensive care unit (NICU).

Learn More About

Baby Formula Lawsuits

Premature infants fed Similac or Enfamil cow's milk formula faced increased risk of necrotizing enterocolitis (NEC) or wrongful death.

Learn More About this Lawsuit SEE IF YOU QUALIFY FOR COMPENSATION

According to the lawsuit, K.M. was born after only just under 24 weeks of gestation in July 2018, weighing only one pound and one ounce. He was placed in a neonatal intensive care unit, where he was fed NeoSure and developed NEC, which his parents blame on the Similac product. As a result, KM suffered a failure to thrive, severe and ongoing developmental delays, bowel problems and permanent injuries.

The family alleges that Abbott Laboratories knew or should have known for years about the link between Similac and NEC, yet falsely advertised NeoSure as safe for premature infants.

“This marketing is designed to instill confidence in Defendant Abbott’s NeoSure, and to plant the seed in parents’ minds that such formula is safe and necessary to the growth of a premature infant,” the lawsuit states. “Although Defendant Abbott engages in an aggressive marketing campaign designed to make parents believe that NeoSure is safe and necessary for growth of a premature infant, the product is in fact highly dangerous to premature infants.”

NEC Risk for Premature Infants Fed Similac NeoSure Formula

Studies have shown that cow’s milk formula products like Similac NeoSure and Enfamil cause NEC at substantially higher rates than is seen among premature babies fed breast milk or donor milk alone. However, the lawsuit maintains that Abbott Laboratories failed to provide adequate warnings or instructions about the risk.

In a study published in November, Canadian researchers warned that preterm and low birth weight infants given cow’s milk-based formula were three times as likely to be transferred to a neonatal intensive care unit (NICU) for suspected NEC than those given donor milk.

Similar findings were published in October in the medical journal Nutrients, which found that breast milk was the “gold standard” for nutritional support during infancy, with antimicrobial and bioactive factors which helped prevent NEC.

The lawsuit by KM’s parents now joins a growing number of NEC lawsuits being filed against the makers of Similac and Enfamil, each raising similar factual allegations that marketing by the manufacturers caused these formulas to displace breast milk that infants would have otherwise received, robbing them of a primary defense against NEC.

8 Comments

  • NoemiNovember 23, 2022 at 2:58 am

    Bloated tummy size & Fussiness

  • surbhiJuly 12, 2022 at 1:29 pm

    My baby was born at 33 weeks. He was given Similac's Neosure right from the beginning of his NICU days. He developed a lot of acid reflux issues because of it. Respite came when at 10 months, we switched to soy/ goat milk formula after a family friend doctor's recommendation. Shameful that even his GI or pediatrician never said not to give him the Similac formula.

  • AlexiaJuly 5, 2022 at 6:25 am

    My due date was 7/16/22 but due to preeclampsia my baby was delivered by C-section on 5/18/22, two months early. While in NICU for a month my baby was given donor milk and fortifier for the first week. Since it was my first baby I was not producing any milk. I started drinking a lot of water and was able to pump milk. I would go every other day and drop the milk off. His last two weeks they starte[Show More]My due date was 7/16/22 but due to preeclampsia my baby was delivered by C-section on 5/18/22, two months early. While in NICU for a month my baby was given donor milk and fortifier for the first week. Since it was my first baby I was not producing any milk. I started drinking a lot of water and was able to pump milk. I would go every other day and drop the milk off. His last two weeks they started to let him drink out of a bottle. But it was the mini neosure bottles. They would give it to him twice a day. Everything was fine then. When I left they only gave me 8 bottles and a can of it. If you go online you cannot find it anywhere to purchase. Once home I could not keep up with his demand. He drunk the 8 bottles so I bought baby water and started giving him the powder milk. My baby is going on 2 months and it sucks to hear him suffer through the day like this. He grunts non stop and strains. Soon as I gave it to him he couldn’t poop for 4 days. I took him to the ER and they temp his rectum and he poop, they sent me home in 30 minutes and told me to buy prune juice. His pediatrician said it was normal cause I had went through 3 different foods. Breast milk, liquid neosure, and powder neosure. She switched me to sensitive similac in the small orange bottle. I searched online and found out I can drink coconut water and body armour, or eat lactation cookies. They both work and I’m producing more milk. So now he only drinks breast milk and the liquid similac only when we are out and about. The issue is my baby is having the worse time pooping and farting. He strains so much and only gets a small amount of poop. I do think it’s from powder milk. I pray this ends and he gets better, because if not I will have to get a referral to check his intestines. I wish all mothers could just produce a sufficient amount of milk so we wouldn’t have to go through this. He was even throwing up every feeding to the point he didn’t gain weight in 1 week.

  • LucyMay 24, 2022 at 7:24 pm

    I have a newborn preemie he's almost 2 months and is on neosure I had him on breastplate doctor went against my wishes and put him on neosure he's constantly throwing up always fussy tummys hurting him and it's so hard for him to poop when he does the color is almost blackish very little green color he always looks uncomfortable the nicu says it's gas I feel it's more than gas please help i don't [Show More]I have a newborn preemie he's almost 2 months and is on neosure I had him on breastplate doctor went against my wishes and put him on neosure he's constantly throwing up always fussy tummys hurting him and it's so hard for him to poop when he does the color is almost blackish very little green color he always looks uncomfortable the nicu says it's gas I feel it's more than gas please help i don't know what to do

  • AmandaMay 2, 2022 at 4:57 pm

    My twins were born Oct 2018 at 31 weeks. Stayed in NICU for a month. Baby B of my twins developed NEC just 5 days after given Neosure and I think it has caused long term problems for him. How do I go about getting into this lawsuit for my twins.

  • TanqueshiaApril 19, 2022 at 8:22 pm

    My son was on neosure milk and it made him sick

  • FeliciaApril 8, 2022 at 11:49 am

    My daughter was born three months premature, she was given Neosure and remained hospitalized for six months. The complications were constant and horrible. I thank God that she is alive today! I am however, totally disgusted by what I've learned about what happened to my child, and how unethical it is to harm the innocent.

  • NMarch 15, 2022 at 9:02 pm

    My baby was born at 34 weeks, given Neosure in the NICU and is currently being treated for NEC. It's unbelievable these manufacturers would risk our babies lives for a few bucks.

Share Your Comments

I authorize the above comments be posted on this page*

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.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

This field is for validation purposes and should be left unchanged.

More Top Stories

Third Track of Camp Lejeune Illnesses and Diseases To Be Selected For Case Specific Workup
Third Track of Camp Lejeune Illnesses and Diseases To Be Selected For Case Specific Workup (Posted yesterday)

The U.S. government has proposed claims of esophageal cancer, miscarriage, dental side effects, and hypersensitivity skin disorder be used for a third batch of potential Camp Lejeune bellwether lawsuits.