How to File a NEC Infant Formula Lawsuit

Did your infant develop NEC after being fed Similac or Enfamil formula based on cow-milk? If so, you might have grounds to file a lawsuit and potentially recover monetary compensation.

Abbott Laboratories Inc. (Abbott), the manufacturers of Similac, and Mead Johnson Nutrition Company (Mead), the manufacturers of Enfamil, are currently under fire for not putting a warning on their cowmilk-based infant formulas. The cowmilk-based infant formulas have been shown to significantly increase the risk of infants, especially premature infants, developing necrotizing enterocolitis (NEC). NEC is a dangerous, and often deadly, bacterial infection that develops in infants’ gastrointestinal system, causing the intestines to become inflamed and potentially the decay of tissue and perforations in the intestine that can cause the bacteria to leak out and enter the abdomen. In serious cases, affected infants are at risk of peritonitis and sepsis.

According to studies as recent as from a few months ago and as old as from thirty years ago, cowmilk-based infant formulas have been proven to increase the risk of infants developing NEC. The latest study has revealed that the infant formula industry, including the companies responsible for manufacturing leading formulas Similac and Enfamil, have been aware of the risk that their cow milk-based formulas presented to infants, but no action was taken to even try to warn parents of the significant risk of developing NEC associated with consumption of their formulas.

NEC has a death rate of up to 40%. Treatment is aggressive and can include antibiotics and surgery, but, if caught early enough, affected infants can survive the bacterial infection. Even those who survive the dangerous bacterial infection, however, are likely to later experience additional gastrointestinal issues. In fact, approximately 1 in 3 NEC survivors will later develop intestinal issues like strictures, which can require additional surgery.

If your infant developed NEC after being fed Similac or Enfamil cow milk-based infant formula, then you might have grounds to file a product liability lawsuit. Based on product liability law, product manufactures have a duty to ensure that all their products are safe for consumers. Manufacturers also have a duty put the necessary warnings on their products, which would essentially allow their consumers to make an informed and conscious decision regarding the product and the risk it would present.

Unlike traditional product liability lawsuits in which there is a clear physical injury, the harm associated with the dangerous infant formulas is all internal; therefore, medical records are of utmost importance.

As soon as your infant is diagnosed with NEC, you should file an injury complaint with the relevant infant formula manufacturer. You should ask them for a copy of your complaint/report for your records. The manufacturer might try to offer you a refund, credit, etc.; it is important that you do not accept any offer whatsoever. If you still have any of the infant formula in question in your home, it is important that you keep it in a safe place.

As previously mentioned, medical records are of utmost importance in cases like these; therefore, it is important that you gather all relevant medical records. You should also include any records of lost income, if relevant.

One of the most important steps is looking for a lawyer. You need to find a lawyer that is experienced in product liability lawsuits, who has handled NEC lawsuits in the past. Once you have found a lawyer to represent you, you will have to provide your lawyer with all the information/records that you have and allow them to handle your case. Depending on the specific details surrounding your case, you could either file an individual product liability lawsuit or even participate in a class action lawsuit.

For more information about how to file a NEC infant formula lawsuit, contact us immediately. Our lawyers are ready to guide you every step of the way.