Studies have long shown that cow milk is linked with necrotizing enterocolitis (NEC). Despite being aware of this, manufacturers of bovine-based (cow’s milk) baby formula did not warn parents and doctors.
For this reason, parents whose preterm babies developed NEC after being fed Enfamil and Similac baby formula are suing the manufacturers.
Read on to learn more about the ongoing legal battle, the relationship between baby formula and severe symptoms in preterm newborns, and NEC baby formula lawsuit 2023 updates if you are considering suing over toxic baby formula.
NEC Baby Formula Lawsuit 2023 Updates
Most of you are following the NEC baby formula lawsuits closely. So, before we dive into the details of these lawsuits, let’s take a quick look at recent NEC baby formula lawsuit 2023 updates.
January 6, 2023 update
Judge Pallmeyer intends to hold a “science day” in the NEC baby formula class action litigation. Science days are regular in complex mass tort cases.
They offer the attorneys for both parties of the lawsuit the opportunity to present their positions to inform the MDL magistrate about the factual evidence and issues at stake.
Judge Pallmeyer requested the litigants to suggest the date for the NEC science day during the subsequent January status conference.
December 15, 2022 update
The 12 formula NEC cases that will take part in the program’s bellwether phase will be selected by the end of this month.
Eight cases have already been identified, and the defense will choose the final four cases next week. The PLC published a suggested timetable for the bellwether program on November 10th, with an April 2023 fact-finding deadline.
December 2023 is the suggested deadline for expert discovery. According to the proposed timeline, the initial bellwether trials might start in the spring of 2024.
In May 2023, the decision on which four of the twelve cases from the bellwether program would go to trial would be made.
November 11, 2022 update
Eight cases were selected for the bellwether trial in the NEC baby formula class action lawsuit. By the close of the month, the defendants would choose four additional cases to be a part of this group.
The first step of the discovery process is to have all the twelve plaintiffs in these bellwether programs fill out a fact sheet questionnaire form, which the MDL court officially approved in a recent Case Management Order.
Depositions will then follow, and discovery will be conducted on the experts.
November 7, 2022 update
In the NEC preterm infant formula MDL, the judge allowed a petition to remand 29 ongoing cases back to Pennsylvania state courts.
The motion was granted because these claims included claims against the local hospitals that provided the infants with the formula and the formula manufacturers.
Due to the inclusion of local hospitals as defendants, the conditions for diversity jurisdiction in federal court were not fulfilled, and the cases were thus remanded.
The NEC formula MDL presently has 106 open cases after these 29 cases were dismissed.
October 9, 2022, update
Lawyers representing plaintiffs and defendants in the NEC baby formula class action MDL gave the judge a list of 66 current cases from which they might randomly pick one that would be the first NEC baby formula lawsuit to go to trial.
Both the plaintiffs and the defendants have chosen four cases. The court will randomly select four cases from a preliminary list of twelve bellwether cases.
The pretrial discovery process for these twelve cases will be followed by selecting four cases for trial. Both sides will choose two.
October 1, 2022, update
Last month, the judge overseeing the NEC baby formula class action lawsuit made a significant ruling establishing the timeline and procedure for choosing bellwether trials.
A pool of twelve “bellwether discovery cases” will first be picked. The plaintiffs will select four cases, and the defendants will also pick four.
The other four cases will be chosen at random by the Court. By November 23, this selection procedure will be finished.
A brief phase of fact-finding will then be conducted in these twelve cases. Four cases will be selected for the first bellwether test trials when this discovery is completed.
The plaintiffs and the defendants will choose two each. The four bellwether test cases will alternate between those picked by the plaintiffs and defendants, with the hearing done twelve weeks apart.
September 1, 2022, update
The proposal to decide which NEC claims go to trial first has caught the attention of attorneys in the baby formula class action lawsuit.
The first round of bellwether test trials will include the selection of twelve cases from a pool, and the MDL judge currently has a draft plan defining the selection method.
The lawyers will list twelve lawsuits possibly ready for trial. That would entail an equal number of litigations naming Mead Johnson and Abbott alone or as defendants.
After selecting these twelve lawsuits, pretrial discovery procedures will follow, including depositions and interrogatories. Following the conclusion of discovery, each party will choose two of the twelve NEC cases, resulting in a total of four first bellwether trials.
Baby Formulas Linked To NEC
Premature labor is associated with stress, vulnerability, and uncertainty. When it comes to protecting the growth and health of infants, there is no room for mistakes.
This is particularly true when it comes to your child’s nutrition. However, if your preterm infant has been given baby formula made from cow’s milk, their health may be in jeopardy.
Recent studies have connected these baby formulas to necrotizing enterocolitis (NEC), a digestive disorder common with preterm infants.
According to a 2017 study, bovine-based formulas increase the risk of having NEC compared to preterm babies fed on human milk. Additionally, it has been determined that human milk is the safest and most reliable source of food for infants, particularly those at risk for NEC.
Two popular bovine milk-based formulas, Similac (produced by Abbott) and Enfamil (produced by Mead Johnson), have been connected to NEC.
Parents who claim that these products led their preterm kids to acquire gastrointestinal conditions and that the warning labels did not disclose the risk have accused both manufacturers in various lawsuits.
You could be entitled to compensation if your kid contracted NEC after consuming a bovine-based formula.
What Is Necrotizing Enterocolitis?
Necrotizing enterocolitis is a gastrointestinal condition that exclusively affects babies born before the 37th week of pregnancy (preterm infants).
It causes intestinal inflammation, which results in the death of cells and the formation of holes. This thus makes it possible for potentially fatal bacteria to enter and attack the intestines.
What causes NEC?
The direct cause of NEC is inconsistent and varies from child to child, but medical professionals have found several persistent factors. These include:
- Feeding preterm babies with bovine-based formula
- Inadequate blood flow to the intestines
- Intestinal injury
- Premature intestine
- Intestinal infection caused by a virus or bacterium
There have also been a few occasions where NEC has simultaneously affected multiple newborns in the same neonatal intensive care unit (NICU).
Since necrotizing enterocolitis is not communicable in and of itself, it is possible that preterm infants in the NICU fed the same toxic baby formula are developing the illness simultaneously.
Although there aren’t many such cases, they could signify that the infant formula in a certain NICU is toxic.
Symptoms of NEC
If you think your infant is at risk, you must be aware of the following symptoms, ranging in severity from mild to fatal.
- Abdominal pain and swelling
- Changes in body temperature and breathing
- Changes in heart rate and blood pressure
- Green or yellow vomit
- Diarrhea with bloody stool
- Lethargy
- Lack of weight gain and refusal to feed
Medical practitioners can diagnose NEC by checking for a swollen belly, fecal tests, blood tests, or x-rays.
How dangerous is NEC?
Necrotizing enterocolitis is a condition that, if untreated, can be fatal. Mortality rates for infants weighing above 5.5 lbs can reach 20%.
The situation is even worse for tinier infants. The death rate for infants weighing 3.3 lbs or less might exceed 50%.
This condition requires prompt medical attention. However, most newborns who undergo treatment fully recover without experiencing any long-term harm, thanks to the effectiveness of modern NEC therapies.
Can I prevent NEC?
The NICU in some facilities may advise feeding your preterm baby bovine-based formulas. Ask them about the risks of using NEC if they do.
Request a formula free of cow’s milk and ask for a thorough evaluation of your child’s feeding plan if NEC is a concern.
If possible, go to breastfeeding instead of giving your infant bovine-based formula. Your chances of preventing NEC can be significantly increased by doing this.
The CDC advises that infants should only be breastfed for the first six months of birth. Statistically speaking, it is challenging to accomplish this, but your child may benefit in the long run.
Additional advantages of breastfeeding include:
- Administering growth hormones
- Boosting the immune system
- Lower baby blood pressure
Another alternative that a practitioner may suggest is boosting your child’s immune system with corticosteroid injections before delivery.
The injection enhances the health of a developing fetus and may lower the chance of lung and intestinal problems. Ask your doctor whether one of these options could be appropriate for you and your situation.
Similac, Enfamil, Other Baby Formulas Linked to NEC Risk
Two popular bovine milk-based formulas, Similac (produced by Abbott) and Enfamil (produced by Mead Johnson), have been attributed to NEC.
Parents who claim that these products caused their preterm kids to acquire gastrointestinal conditions and that the risk was not disclosed on warning labels have implicated both manufacturers in lawsuits.
Approximately 80% of the formulas available in the US are made using cow’s milk. Several additives, including lactose and iron, are incorporated to make these formulas more nutrient-sufficient and simpler for infants to digest.
A study on preterm infants with NEC discovered a clear connection between formula made with cow milk. During this study, two preterm babies died of multiple organ failure caused by NEC.
Lawsuit filed against Similac and Enfamil manufacturers
A Louisiana woman sued Abbott and Mead Johnson in Madison County, Illinois, in May 2021. The woman’s preterm son was fed Enfamil or Similac cow milk-based formula after birth and during his hospital stay in 2002.
He developed NEC, which prompted the removal of some of his intestines and had long-term implications for his health.
Abbott and Mead Johnson were accused of negligence in the lawsuit for allegedly “targeting” parents of preterm newborns with deceptive marketing of their baby formula products.
Toxic Baby Formulas
Most baby formulas in hospitals contain cow milk and can potentially harm your baby. Here are common bovine-based formulas to beware of:
- Gerber
- Enfamil
- Similac
- Parent’s Choice
- Baby’s Only
- Loulouka
- Earth’s Best
- Happy Baby
- Hole
- Go and Gro
- Kendamil
- Bobbie
- Lebenswert
If any of these formulas are used in the NICU at your hospital, talk to them about the most appropriate action for you and your kid.
NEC could be prevented by stopping usage and shifting to breastfeeding or another option.
What Can I Do If My Child Has Been Affected By NEC?
You may qualify for a product liability or medical malpractice lawsuit and be entitled to compensation if NEC’s risks have harmed you and your kid.
Contact a lawyer to learn more about NEC from bovine-based formulas and understand your legal options.
Mitigate injuries
If your kid has NEC, seek medical treatment immediately. NEC is often treated with either therapeutic or surgical methods.
Medical therapy is often started initially if the intestine has not yet ruptured. The baby doesn’t require surgery in 60 to 80 percent of cases.
Among the actions used in medical care are:
- Substituting regular feeding with an intravenous catheter instead
- Using a nasogastric tube to reduce pain and edema
- Regular blood tests
- Blood transfusions when necessary
Surgery is necessary if the intestine has already been perforated or other medical treatments have failed. To restore normal function to the undamaged parts of the intestine, the most severely damaged parts must be removed during surgery.
Additionally, an ostomy, or opening in the wall, is created to allow the bowels to heal. Surgery in preterm infants is stressful and risky, although their recovery times are usually 6 to 8 weeks.
Hire a toxic baby formula NEC injury attorney
If your child has contracted NEC after consuming toxic baby formula, you must speak to a lawyer if you wish to seek compensation.
You may qualify for financial compensation in a product liability or medical malpractice lawsuit.
Who Is Liable for My Child’s Injuries?
Two parties are liable in a toxic NEC Baby Formula Lawsuit 2023:
1. Formula manufacturers: product liability lawsuit
Negligence and inadequate disclosure of the risk of NEC in infant formula are grounds for a product liability lawsuit against the manufacturers of these products.
If your infant developed NEC after consuming formula from any of the manufacturers mentioned earlier, you might be able to file a lawsuit against them.
2. Healthcare providers: medical malpractice lawsuit
Medical malpractice lawsuits may be filed when a patient is harmed due to a healthcare provider’s negligence or incompetence.
This may apply to medical professionals who give toxic baby formula to preterm newborns without explaining the risks to your baby. You might be able to sue for medical malpractice due to this negligence.
Filing A Toxic Baby Formula NEC Lawsuit
If you fit the above requirements and have a baby diagnosed with NEC after taking bovine-based formula, you could be qualified to file an NEC Baby Formula Lawsuit 2023.
Be sure to familiarize yourself with the civil lawsuit process and file your case within the deadlines set out by your state.
Hire a baby formula NEC injury attorney
You must have the best personal injury attorney to maximize your case’s benefits. They will work with you to analyze and develop your evidence, file your claim, and get fair compensation for your damages.
The best thing about personal injury attorneys is they work on a contingency fee basis. With contingency fees, you don’t pay upfront but rather when you win the case.
So, you don’t have to worry that you can’t afford legal services. You can get a lawyer for your NEC baby formula lawsuit, get proper representation, and pay the lawyer after being awarded a monetary settlement.
Gather evidence
You must gather sufficient evidence to support your personal injury lawsuit. Reliable evidence can significantly increase your prospects of obtaining maximum compensation.
Possible evidence you could collect includes:
- Videos and photos
- Witness statements
- Medical records of the given formula and the NEC affliction
- Medical expenses
- Occurrence reports
- Public records
Your lawyer will also help you with gathering evidence to support your case.
Assess damages
Damages refer to the sum the defendant is obligated to compensate for injuries sustained. It should be simple to determine economic losses in the case of a preterm infant who developed NEC.
The defendant may be required to pay for the following:
- Medical expenses
- Future cost of treatment
- Pain and suffering
- Lost income (parents’ earnings)
- Punitive damages
These are some damages you could pursue in a toxic baby formula case. You can also get help from a competent personal injury attorney at this phase of the lawsuit-filing procedure.
Contact A Lawyer for Your NEC Baby Formula Lawsuit
If you believe you are eligible for an NEC Baby Formula Lawsuit 2023, you should speak to an attorney.
Legal Giant can link you up with an experienced attorney who will aggressively fight for you to get the best outcome from your case.
Contact us for a free, no-obligation consultation today.
