Toxic Baby Formula Lawsuit
Parents trust hospitals and infant formula manufacturers to provide products that are safe for newborns. If your baby was born preterm before 37 weeks, was fed cow’s milk-based formula or fortifier, and developed necrotizing enterocolitis (NEC), your family may have legal options. Morgan & Morgan is investigating claims nationwide.
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The attorney shown above may not be licensed in your state. To find an attorney licensed in your area, please visit our attorney page.
Meet Our Baby Formula/NEC Lawsuit Attorneys
Morgan & Morgan attorneys can investigate an infant’s medical records, identify potentially relevant products, and consult with medical experts to determine whether manufacturers provided adequate warnings about serious health risks. Backed by the resources of America’s Largest Injury Law Firm, we can pursue complex product liability claims on behalf of families nationwide.
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Baby Formula/NEC Lawsuit at a Glance
Cow’s Milk-Based Formula and NEC
Alleged Failure to Warn
Serious and Potentially Life-Threatening Complications
Products Remain Available
What Is the Baby Formula/NEC Risk?
Premature and low-birth-weight infants may receive specialized formula or breastmilk fortifiers while being cared for in a neonatal intensive care unit (NICU). Products manufactured by Abbott Laboratories and Mead Johnson include cow’s milk-based formulas and fortifiers designed to provide additional nutrition to vulnerable newborns.
Lawsuits allege that certain Similac and Enfamil products increased the risk of necrotizing enterocolitis, or NEC, in newborns and that manufacturers failed to adequately warn parents and healthcare providers about the alleged risk.
NEC is a serious gastrointestinal disease that causes inflammation and damage to intestinal tissue. In severe cases, the intestinal wall may become damaged enough to allow bacteria to enter the bloodstream, potentially causing sepsis and other life-threatening complications.
Families whose children developed NEC after receiving cow’s milk-based infant formula or fortifier are now pursuing claims against the manufacturers of these products.
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Do I Have a Case?
NEC After Receiving Formula in the Hospital
Similac or Enfamil Exposure
Premature or Low-Birth-Weight Birth
Surgery or Serious Medical Complications
Death Following NEC
Unsure Which Formula Your Baby Received?
Products Involved in Baby Formula/NEC Lawsuits:
Similac Special Care 20
Similac NeoSure
Similac Special Care 24
Similac Special Care 30
Similac Special Care 24 High Protein
Similac Liquid Protein Fortifier
Enfamil Human Milk Fortifier
Enfamil NeuroPro EnfaCare
Enfamil 24 Cal
Pregestimil
Nutramigen
In Their Words
Based on select nationwide reviews.
Unsure Which Formula Your Baby Received?
You may still be able to pursue a claim even if you do not remember the specific formula or fortifier used. Medical and hospital records may contain information about what your child was fed.
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Ways We Can Help
Medical Expenses
Surgical Treatment
Future Medical Care
Pain and Suffering
Long-Term Health Effects
Wrongful Death
Common Injuries and Diagnoses Associated With NEC
Necrotizing Enterocolitis
Severe Intestinal Damage
Sepsis
Surgery and Removal of Damaged Intestine
Long-Term Digestive Problems
Multiple Organ and Neurological Compromise
Death
What is necrotizing enterocolitis?
Necrotizing enterocolitis, commonly called NEC, is a serious gastrointestinal disease that primarily affects premature newborn infants. It causes inflammation and damage to the intestinal lining and, in severe cases, can damage the intestinal wall and allow bacteria to enter the bloodstream.
NEC can require intensive medical treatment and surgery and may result in long-term complications or death.
What baby formulas are involved in NEC lawsuits?
Claims have involved cow’s milk-based premature infant formulas and fortifiers manufactured by Abbott Laboratories under the Similac brand and Mead Johnson under the Enfamil brand.
Potentially relevant products include Similac Special Care formulas, Similac NeoSure, Enfamil premature formulas, Enfamil NeuroPro EnfaCare, and certain Similac and Enfamil nutritional fortifiers.
Do baby formula NEC lawsuits claim Similac and Enfamil caused NEC?
The lawsuits allege that certain cow’s milk-based formulas and fortifiers increased the risk of NEC in vulnerable infants and that manufacturers failed to adequately warn healthcare providers and parents about that alleged risk.
Each case depends on the infant’s medical history, feeding history, diagnosis, and other evidence.
What if I don't know which formula my baby received?
Parents often do not choose or administer the formula used during a NICU or hospital stay and may not remember the exact brand or product.
Hospital records, feeding records, physician notes, and other medical documentation may help determine whether your child received Similac, Enfamil, or another relevant product.
Has the FDA recalled Similac or Enfamil because of NEC?
The products involved in these lawsuits have not been recalled by the FDA specifically because of the alleged NEC risk. Certain Similac products have been involved in recalls for other reasons in the past, but those recalls are separate from the allegations at issue in NEC litigation.
What complications can NEC cause?
NEC may cause severe intestinal inflammation and tissue damage. Serious cases may result in sepsis, surgery, prolonged hospitalization, continuing digestive problems, and other long-term medical complications. In some cases, NEC can be fatal.
Can I file a lawsuit if my child survived NEC?
Families may be able to seek compensation for medical treatment, surgical procedures, future healthcare needs, pain and suffering, and other losses associated with the child’s injuries.
Can families file a lawsuit if a baby died from NEC?
Families whose child died after developing NEC following exposure to a potentially qualifying infant formula or fortifier may be able to pursue a wrongful death claim.
The damages available depend on the circumstances of the case and applicable state law.
What types of evidence may be needed for a baby formula NEC lawsuit?
Important evidence may include hospital and NICU records, feeding records, medical records documenting the NEC diagnosis, surgical records, treatment history, and information identifying which formula or fortifier the child received.
Parents should not assume they are unable to pursue a claim simply because they no longer have formula packaging, receipts, or other product documentation.
How much does it cost to hire Morgan & Morgan for a baby formula lawsuit?
Morgan & Morgan offers free case evaluations. If we take your case on a contingency-fee basis, you do not pay upfront attorney’s fees, and we are paid only if we successfully recover compensation for you. The Fee Is Free®.
Help for Families Affected by NEC
When a newborn develops a serious illness, parents should be able to focus on their child's health, not wonder whether a product they trusted contributed to the harm.
If your child developed necrotizing enterocolitis after receiving Similac, Enfamil, or another cow’s milk-based infant formula or fortifier, you may have legal options.
Morgan & Morgan is investigating baby formula and NEC claims nationwide. Take our free case evaluation today to learn more about your rights. The Fee Is Free®.
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