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Baby Formula Lawsuit

Last updated: February 6, 2024

Baby formula made with cow's milk (like Enfamil™ and Similac® ) can cause necrotizing enterocolitis (NEC), a dangerous and frequently life-threatening condition that predominantly affects premature babies.

If your child suffered from NEC due to cow’s milk baby formula, you may be entitled to compensation. Even cases from several years ago likely still qualify, so reach out today for a free consultation.

babies looking happy in their diapers

Is There a Toxic Baby Formula Lawsuit?

Yes . There are several different lawsuits alleging harm from certain types of baby formula, including Enfamil™ and Similac®.


Extensive research has been conducted over the years, and the results have demonstrated that cow’s milk-based formula can cause a potentially life-threatening condition known as necrotizing enterocolitis (NEC) in newborn infants. Despite this evidence, many formula manufacturers have yet to update their recipes or warning labels to notify parents of the potential danger. As a result, parents are often left in the dark about the potential risks associated with these products and may unknowingly be putting their child’s health at risk by using them. These companies allegedly even created ads that claimed their products were safe for premature babies. 


Filing a lawsuit against toxic baby formula is one of the only ways parents can hold these companies accountable for the harm they caused in the name of profit. These companies make millions of dollars through practices that put our children at risk, and we must take action to secure justice and prevent further harm to newborns.

Which Baby Formulas Have a Lawsuit?

So far, the two baby formula manufacturers involved in lawsuits are Enfamil manufacturers Mead Johnson & Company, and Similac makers Abbott Laboratories. These products are the basis of initial lawsuits because of the close correlation between NEC and their cow’s milk-based formulas and fortifiers.

Despite the risks frequently found in studies, these companies continue to make, market, and sell products known to be connected to the development of NEC. Some of these products are even used in neonatal intensive care units (NICUs) to this day. In those instances, both the hospital and the manufacturer may be liable, particularly if parents were not informed of the products given to their child.

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See if a top baby formula lawyer can pursue compensation on your behalf.

NEC spelled in colorful baby magnets

Similac Baby Formula

Similac products containing cows’ milk include:

  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier
  • Similac Human Milk Fortifier Powder
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Hydrolyzed Protein-Concentrated Liquid
  • Similac Liquid Protein Fortifier
  • Similac NeoSure
  • Similac Special Care
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein
  • Similac Special Care 30

If your baby was given any of the products listed above and suffered from GI issues like NEC, you may be able to file a Similac lawsuit and seek compensation for the harm this product caused your child.

Enfamil Baby Formula

Enfamil products containing cows’ milk include:

  • Enfamil 24 and DHA & ARA Supplement
  • Enfamil Human Milk Fortifier Acidified Liquid
  • Enfamil Human Milk Fortifier Powder
  • Enfamil Human Milk Fortifier Liquid High Protein
  • Enfamil Milk Fortifier Liquid Standard Protein
  • Enfamil NeuroPro Enfacare
  • Enfacare Powder
  • Enfamil Premature 20 Cal
  • Enfamil Premature 24 Cal
  • Enfamil Premature 24 Cal/fl oz HP
  • Enfamil Premature 30 Cal

If your premature infant developed NEC or other GI problems after being fed one of these formulas, you may be able to file an Enfamil lawsuit for compensation.

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Has Enfamil or Similac Been Recalled?

Despite research showing that these formulas increase the risk of NEC in premature newborns, there have been no Enfamil or Similac recalls related to this issue. While Abbott Laboratories had to shut down one of its plants in 2022 due to suspected bacterial contamination, the company issued a limited recall of certain batches of products and noted the recall was due to the presence of Cronobacter sakazakii, a bacteria which can cause infections in certain at risk populations such as infants and the elderly. However, some of the recalled products contained cow’s milk, and any contaminated cow’s milk formula would pose an especially severe risk of NEC to a premature baby with a weakened digestive tract.

What Is NEC in Babies?

NEC is a devastating gastrointestinal disease that can cause inflammation and tissue damage in the gut. It is most commonly found in premature infants, but it can also occur in full-term babies. The condition can progress rapidly and lead to serious complications such as sepsis, intestinal perforation, and even death.

Studies have suggested that one of the primary culprits behind the development of NEC is the use of cow’s milk-based formula. This type of formula contains proteins that are difficult for newborns to digest, leading to inflammation and damage to the intestinal lining. Furthermore, the high levels of sugar in cow’s milk-based formula can promote the growth of harmful bacteria in the gut, exacerbating the condition.

on a kitchen countertop, a colorful baby formula container with a half full baby bottle next to it sit

NEC Causes

The exact causes of NEC are not fully understood, but some contributing factors include prematurity, low birth weight, formula feeding, and a weakened immune system. Premature infants have underdeveloped digestive systems, which can make them more susceptible to NEC. Additionally, formula feeding can disrupt the delicate balance of bacteria in the gut, leading to inflammation and damage. A weakened immune system can also make the baby more vulnerable to infection, which can trigger NEC. Other risk factors for NEC include a family history of the disease, prenatal infections, and certain medical conditions.

NEC Health Effects

NEC is extremely dangerous: nearly 40% of babies who develop NEC die! And nearly half of the children who survive end up with long-term side effects, such as:

 

  • Brain injuries such as cerebral palsy
  • Hypoxic ischemic encephalopathy (HIE), a disorder caused by decreased oxygen reaching the brain for prolonged periods 
  • Sepsis
  • Intestinal scarring and/or bowel perforations, frequently resulting in intestinal blockages
  • Short gut/bowel syndrome (low absorption of nutrients caused by the removal of large or essential parts of the intestine or bowels)

NEC Treatments in Infants

There are less severe cases of NEC where nonsurgical treatments are effective, and there are no long-term concerns. However, some fully recovered infants can experience bowel scarring that may cause blockages later in life.

 

Surgery may be necessary if the initial treatment — typically antibiotics and IV feeding — doesn’t help the bacterial infection heal or if the infection makes a hole in the intestinal wall. Babies who have undergone surgery and have had part of their intestinal tissue removed may have trouble absorbing nutrients. In some cases, a bowel transplant may be necessary.

What Are the Symptoms of NEC?

According to the National Institutes of Health, symptoms of NEC can develop over a period of days or appear suddenly. Commonly reported symptoms include2,3:

  • Poor tolerance of feeding (not being able to digest food)
  • Bloating or swelling of the stomach (abdominal distention)
  • Stomach discoloration, usually bluish or reddish
  • Pain when someone touches the abdomen
  • Blood in the stools or a change in their volume or frequency
  • Diarrhea, with change in the color and consistency of the stool, often containing frank (visible) blood
  • Decreased activity (lethargy)
  • Vomiting greenish-yellow liquid
  • Inability to maintain normal temperature
  • Episodes of low heart rate or apnea, a temporary stop in breathing

In advanced cases, 

 

  • the blood pressure may drop and the pulse may become weak.
  • Infants may develop fluid in the abdominal cavity or infection of the tissue lining the stomach (a condition called peritonitis),
  • Infants may go into shock.3 
  • The affected area of the intestine may develop a hole or perforation in the wall requiring emergency surgery.2,3 
  • Pressure from the abdomen can cause a severe difficulty in breathing (in such cases, the infant may need support from a breathing machine, or respirator).
If your baby has the symptoms listed, contact your doctor. NEC usually affects premature babies, but any baby with these symptoms could have it. These symptoms could also be caused by other problems. It’s important to act safely without jumping to conclusions.
mother prepares baby formula bottle in a calm kitchen setting

How Much Is an NEC Lawsuit Worth?

If your baby does have NEC as a result of baby formula, you may be able to work with an experienced baby formula lawyer in our network to secure compensation. The value of an NEC baby formula lawsuit varies greatly and depends on the circumstances of each case. The serious health issues and high medical costs associated with NEC may mean that a successful lawsuit could award significant financial compensation.

Parents deserve justice for their injured children.

Our team can help find the right lawyers to fight for you and ensure you get the most compensation possible for your child. Contact us today to get started.

Who Can File a Baby Formula Lawsuit for NEC?

If your child was diagnosed with NEC, contact Slingshot Legal Support today to see if you qualify for any of the ongoing lawsuits across the nation. Even if your child suffered from NEC many years ago, your claim may still be valid.

 

Additionally, if your child was premature, fed cow’s milk-based formula or milk fortifier, and/or required surgery to treat GI problems in early childhood, give us a call and we can evaluate your specific circumstances to see if you may qualify.

 

You have rights and deserve to be compensated for any suffering your child has endured. If you’re eligible, our nationwide team of skilled lawyers can help you get justice. There’s no out-of-pocket costs to your family, so contact us today for a free case review.

What Should I Look For in an NEC Baby Formula Lawyer?

Navigating any legal process alone can feel overwhelming. Trying to figure out how to proceed with a lawsuit on top of everything else your family is going through may feel almost impossible to do on your own. Fortunately, you don’t have to handle the stress and complexities of an NEC lawsuit on your own.

No matter where in the country you live, experienced legal help is only a phone call away. We have a successful track record and there’s never any upfront costs. So stop wondering and find out your legal options today with a risk free evaluation.

Call Now

Our local operators are standing by to take your call on our dedicated line: (915) 455-4189

Have a baby formula case we can help you with?

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