Similac And Enfamil NEC Lawsuit

A lawsuit has been filed in the NEC MDL in Illinois by an Oklahoma family who claims that Enfamil caused their prematurely born son to develop NEC.

The lawsuit claims Mead knew for many decades that the company’s formula significantly increases NEC risks in preemies, yet continued to market the formula as necessary for growth and safe. The lawsuit cites scientific evidence which links NEC with formulas which are cow’s milk-based, accusing Mead of not warning doctors and parents while aggressively marketing its formula to hospitals.

The child suffered serious NEC complications which necessitated extensive medical care.

The lone jury verdict which had cleared Mead Johnson and Abbott in the NEC litigation has been vacated by a Missouri judge.

The judge ruled that court orders were intentionally violated by the defense in order to mislead the jurors.

The judge found that Mead and Abbott:

• Exploited use of marijuana by the mother without proving it led to NEC
• Used improper FDA arguments and expert testimony in spite of previous court rulings
• Made false claims that the plaintiff wished to have all baby formula banned, leading to bias based on fear
• Introduce evidence which was inadmissible on a repeated basis in order to mislead the jurors

A recent study has found that preterm infants fed human milk exclusively have a lower risk of developing NEC. The study found that prematurely-born infants who get fed formula based on cow’s milk, such as Enfamil or Similac, might see double the risk of developing NEC, and have six times the risk of dying during infancy.

The researchers found that 10.5 percent of prematurely-born infants fed cow’s milk-based formula developed NEC, compared with 4.8 percent of those who were breast fed. The researchers found that infants fed human milk only saw a one percent mortality rate, compared to a six percent mortality rate for those fed formula based on cow’s milk.

The researchers also found that infants who were fed human milk exclusively gained more weight than those fed cow’s milk-based formula.

A lawsuit was filed by a North Carolina woman in Illinois on November 14, alleging that her premature daughter developed NEC after being fed Enfamil formula.

The lawsuit indicates that Enfamil’s manufacturer, Mead Johnson, withheld information from families and medical providers about the risk of NEC associated with the formula.

The lawsuit alleges the infant needed to undergo surgery due to the condition and continues to suffer from long-term effects to health.

The lawsuit claims Mead Johnson was aware that Enfamil was linked with a higher risk of NEC, but kept encouraging hospitals to utilize it to profit at the expense of the health of newborns.

A lawsuit filed in Illinois on October 8 alleges that a child needed blood transfusions and surgeries including laparoscopic surgery and bowel resections due to developing NEC. The lawsuit alleges the child developed NEC after being fed Enfamil and Similac infant formula.

The lawsuit alleges that Mead Johnson and Abbott Laboratories failed to warn the medical community and patients adequately that the infant formulas are associated with a higher risk of developing NEC.

Over 1,000 other families are now pursuing similar lawsuits which allege that the companies knew or should have known about this risk, yet provided misleading, false information regarding their products’ safety for years.

The lawsuit alleges the child continues suffering from injures to this day which relate to the diagnosis of NEC.

The lawsuit points out that in 2011, the Surgeon General warned that infant formula is linked with a 138 percent increase in NEC risk when premature infants are fed it.

Multiple other studies have warned about this risk.

The third jury trial in the NEC litigation began this week. The trial is being held in Missouri and involves a complaint alleging that the plaintiff’s son developed NEC after being fed Enfamil and Similac in the hospital.

The lawsuit alleges that the child needed surgery in order to remove a part of his intestines.

The lawsuit alleges that Mead Johnson and Abbott Laboratories should have warned about the risk of NEC associated with their formulas but did not do so. A growing body of evidence links cow’s milk-based infant formulas with a higher risk of premature infants developing NEC.

Two similar trials have recently led to juries awarding over $555 million to plaintiffs in the litigation. Around 1,000 lawsuits are currently pending in the NEC MDL, each raising similar allegations that children developed NEC after being fed cow’s milk-based formula.

In other news, 27 cases were added to the NEC MDL in September, raising the number of pending cases to 598.

A lawsuit filed in Illnois by an adult Pennsylvania woman on August 26 alleges that she developed NEC due to being fed Similac formula after being born prematurely in the year 2006. The lawsuit alleges that the NEC left her with long-term, severe health effects which she still needs medical treatment for as an adult.

The lawsuit alleges that Similac’s manufacturer hid important information from doctors and families about risks associated with the forumla.

The lawsuit alleges the woman needed numerous surgeries due to the NEC.

The lawsuit claims that if the woman’s mother had been told by the manufacturers that the formula could cause NEC, the mother would not have let the woman be fed the formula.

A growing body of scientific evidence links cow’s milk-based formulas with a higher risk of premature infants developing NEC.

Over 1,000 lawsuits currently allege that Similac and Enfamil formulas have caused infants to develop NEC, a devastating, potentially fatal condition which can leave survivors with life-long health problems.

Around a month prior to this lawsuit being filed, $495 million was awarded by a St. Louis jury to a mother whose daughter’s brain was damaged by NEC after the daughter was fed Similac formula.

In other news, a recent article criticizes two recent NEC verdicts – $495 million was recently awarded by a Missouri jury and $60 million was recently awarded by an Illinois jury.

The article focuses on trial lawyers’ motives instead of the legal claims’ substance. The article relies on a narrative of “junk science” without explaining or providing evidence regarding why the science is wrong.

The article does, admittedly, raise a valid concern that litigation could cause manufacturer to stop producing baby formula. This worry is valid, but fails to justify discouraging lawsuits with valid merit filed by families who have suffered. All defendants need to do in order to solve this issue in the future is warn parents and doctors about the risk of NEC associated with their formulas so informed choices can be made.

The first bellwether trial in the NEC MDL will be Mar v. Abbott Laboratories.

This case involves a premature baby who was born in January 2014 in West Virginia. The baby weighed just three pounds and was transferred to an NICU unit. Shortly after Similac formula being introduced to the baby’s feeding regimen, she developed serious symptoms including bloody stool and a distended abdomen and was diagnosed as having NEC.

The situation quickly worsened and the baby needed emergency surgery. Surgeons discovered significant intestinal damage, including perforation and tissue death. Despite medical intervention, the infant passed away.

A lawsuit filed by a Tennessee woman in Illinois on August 1 alleges that her newborn child had to go to intensive care with NEC because the child was fed Similac formula, alleging this occurred because Abbott Laboratories failed to warn families and doctors regarding risks associated with the use of cow’s milk-based formulas.

The lawsuit alleges that the child ended up with devastating side effects, leading to NEC development, leaving the child with injuries which will persist for the remainder of its life.

The lawsuit got filed mere days after Abbott was ordered by a St. Louis jury to pay $495 million to a woman from Illinois whose daughter ended up with brain damage due to NEC.

Over 1,000 lawsuits are pending in courts which allege that the manufacturers of Enfamil and Similac knew or should have known about risks associated with their formulas but failed to warn consumers about those risks.

Mead Johnson has filed a notice regarding the removal of an NEC lawsuit to a multidistrict litigation held in Illinois.

In the lawsuit, a Virginia resident claims his prematurely born daughter ended up developing NEC and dying after consuming the company’s formula in 2007. Mead Johnson is arguing that the lawsuit is subject to federal jurisdiction because Mead Johnson is in a different state than where the plaintiffs live, and because the case value exceeds $75,000.

Mead is asserting that Abbott and Abbott Laboratories have been fraudulently included in the lawsuit to prevent removal to the MDL as the lawsuit does not claim the infant consumed Abbott’s products.

Regardless of whether the case ends up being heard in Illinois or Virginia, Mead Johnson will need to offer up a fair settlement or end up facing a jury.

Abbott Laboratories has been ordered by a St. Louis jury to pay $495 million to the family of an infant who was diagnosed with NEC after being fed Similac formula. The jury found that Abbott failed to warn the medical community and parents about the risk of NEC associated with its infant formula.

The infant survived NEC but was left with brain damage, which the lawsuit claimed was directly caused by Similac. The lawsuit indicated the infant received Similac formula shortly after being born prematurely, then developed NEC soon after, leading to the necessity of multiple surgeries which left the infant with long-term health issues which she will be impacted by for the rest of her life.

$95 million in compensatory damages were awarded. $400 million in punitive damages were also awarded in order to punish Abbott for their disregard of the safety and health of infants.

The award comes after an Illinois jury awarded $60 million in an NEC case in March, coming to the conclusion that Mead Johnson failed to warn the medical community and families about the risk of NEC associated with Enfamil formula.

A growing body of scientific evidence links cow’s milk-based formulas like Similac and Enfamil with a higher risk of NEC in premature infants. Hundreds of lawsuits are being pursued against Abbott and Mead Johnson over the association.

Robert Ford, the CEO of Abbott Laboratories, has reportedly recently told investors that Abbott is considering taking infant formulas for premature babies off of the market, due to increased concerns regarding the risk of NEC, as well as legal liability Abbott is failing for not warning about the risk of NEC associated with cow’s milk-based formulas.

According to a Bloomberg report, according to legal observers, removing products from the market could lead to Abbott being more vulnerable in lawsuits the company already faces, but may end up limiting long-term liability by avoiding NEC lawsuits in the future.

The massive company only makes about $9 million in sales every year from the products, so taking them off the market would not hurt the company’s bottom line much.

If the company removes the products from the market, it might make future NEC settlements a lot more likely, allowing Abbott to avoid liability in the future regarding additional NEC cases.

Over 1,000 lawsuits which are currently pending allege that the manufacturers of Similac and Enfamil formulas knew or should have known that their products could cause NEC in premature infants but failed to warn about this risk.

A jury in St. Louis started hearing evidence this past week in state court in Missouri regarding a lawsuit filed on May 30 by an Illinois woman who alleges her daughter developed NEC after being fed Similac formula while in the hospital after being born.

The lawsuit alleges that Abbott Laboratories failed to warn the medical community and parents adequately regarding risks which are associated with Similac formula.

A growing body of scientific evidence shows that formulas which are based on cow’s milk, such as Enfamil and Similac, are associated with a higher risk of prematurely born infants developing NEC.

The lawsuit is one of hundreds of lawsuits pending in courts around the country which allege that formula makers knew or should have known their formulas could cause NEC but provided misleading, false information about their formulas’ risks for years.

The lawsuit alleges that the daughter, after developing NEC, needed extensive surgeries, leaving her with long-term health issues which will impact her for the rest of her life.

This is just the second NEC case regarding baby formula to reach trial. In March, a jury in Illinois awarded a plaintiff $60 million in a lawsuit involving the death of a child due to complications of NEC. That jury awarded $25 million more than the plaintiff’s lawyers requested.

A lawsuit filed by an Arizona mother in Illinois on June 12 alleges that her prematurely-born daughter being fed Enfamil formula led to the infant developing NEC, and that the manufacturer knew this could happen but failed to adequately warn the medical community or patients about for decades.

The lawsuit pursues damages from Mead Johnson, Enfamil’s manufacturer.

NEC is a potentially fatal condition causing the intestinal tissue of infants to become inflamed and die. It can lead to death or a need for surgery, and those who survive it are sometimes left with permanent health problems.

Because a growing body of scientific research links cow’s milk-based formula like Similac and Enfamil to a higher risk of premature infants developing NEC, the lawsuit is asking for stricter warnings to be given to parents and medical staff about NEC risks.

The lawsuit notes that a 1990 study found a link between formula feeding and NEC, alleging that cow’s milk-based formulas are “far more dangerous than most prescription drugs.”

The lawsuit alleges that the daughter needed life-saving surgeries after developing NEC and still suffers from severe health problems almost 20 years later.

A lawsuit filed in Illinois by a California woman alleges that the woman’s premature infant developed NEC after the infant was fed Enfamil formula.

The lawsuit alleges that the infant suffered severe injuries and complications, needed surgery, and continues suffering long-term, severe health effects because of Enfamil formula.

The lawsuit alleges that Mead Johnson has intentionally exploited vulnerable families for the purpose of obtaining financial gains, and has done so by withholding vital information regarding the link between NEC and Enfamil.

The lawsuit alleges that Mead Johnson has known about the link between its formula products and NEC for decades, yet have done nothing to lessen or stop death or NEC.

A growing body of research links cow’s milk-based formulas with an increased risk of NEC in premature infants. Over 500 lawsuits are currently alleging that cow’s milk-based formula such as Similac and Enfamil formulas has caused infants to develop NEC, a potentially fatal condition which often leaves survivors with lifelong medical issues.

A new NEC lawsuit is underscoring that many NEC cases happened long ago. In some states, NEC cases are still viable many years after they occurred because the statute of limitations only starts running once someone is aware that a product caused an injury.

The case involves an infant who was born prematurely in Texas. The infant was given Enfamil cow’s milk-based formula.

Around three days after being born, this infant developed the symptoms of NEC. The infant was diagnosed with the disease, immediately taken off feeding by formula, got blood transfusions and received a prescription for double antibiotics.

Because of increasing abdominal distention, sepsis and worsening respiratory failure, this infant needed to be intubated for four days. After this, the infant was transferred to an NICU where continued management occurred for another 16 days.

The lawsuit alleges the mother of the infant was not aware that Enfamil formula could cause the disease.

In other news, 18 cases were added to the NEC MDL in May, bringing the total number of cases to 514.

As the number of lawsuits filed in federal court alleging that Similac and Enfamil caused infants to develop NEC continues to grow, the judge overseeing the NEC MDL has issued an outline of requirements regarding how plaintiffs should establish what specific product was used in certain claims.

On May 6, the judge established the procedure for identifying what specific products were used in every case in order to make sure Mead Johnson is only a defendant in claims involving Enfamil actually being ingested by infants.

Under the new order, every lawsuit which names Mead Johnson as one of the defendants needs to include claims that Enfamil was ingested by infants who ended up with NEC. The court is mandating that lawyers for plaintiffs conduct due diligence in order to identify what specific producst were used, including thorough reviews of feeding and hospital records.

When records like these don’t specify a specific product, lawyers were given 21 to 30 days to issue subpoenas in order to request documents revealing identifying details of nutrition products.

The order also allows for a partial removal of discovery stay in some cases, which will enable plaintiffs to swiftly collect the needed product identification details.

Around 500 Enfamil and Similac NEC lawsuits are currently pending in federal court, alleging that infants developed NEC because they ingested cow’s milk-based infant formulas.

A lawsuit filed in Illinois on April 25 by a Kentucky couple alleges that the couple’s child died because of NEC, alleging Abbott Laboratories were aware their products posed a risk to newborn children, but chose to put profit over babies’ safety.

The lawsuit alleges that Abbott failed to warn doctors and parents that giving preterm infants Similac infant formula significantly increased the risk that they would develop NEC and die.

The lawsuit claims that the child had a premature birth in April 2023, was fed Similac products in the NICU, developed NEC shortly after, and died from NEC on May 1, 2023.

An increasing amount of scientific research links cow’s milk-based formulas like Similac and Enfamil with NEC in premature infants, and the lawsuit alleges the defendants were aware of this science but failed to warn doctors and parents about the risk of NEC associated with their products. The lawsuit accuses Abbott of undermining science and influencing public perception through misleading, aggressive marketing which they were aware was false.

43 cases were added to the NEC MDL in April, bringing the total number of pending cases to 496.

A Kentucky couple filed a lawsuit in Illinois on March 29, alleging their preterm infant died after developing NEC following the use of Enfamil brand formula while in an NICU following birth. The lawsuit alleges that Mead Johnson knew that Enfamil was associated with an increased risk of development of NEC, but intentionally hid this information from the medical community and parents in order to profit. The lawsuit accuses Mead Johnson of undermining science and unduly influencing public and medical community perception via misleading, aggressive marketing promoting its formulas as safe when they knew they weren’t. Several scientific studies have linked cow’s-based milk formulas such as Enfamil and Similac with an increased risk of preterm infants developing NEC when compared to breast milk.

A Maryland mother says her 12-year-old daughter has permanent, severe gastrointestinal injuries as a result of developing NEC. The mother alleges that after she was born, she developed NEC in the hospital because she was fed Similac formula.

The mother has filed a lawsuit in Illinois against Abbott Laboratories, alleging Abbott kept information from the medical community and parents for decades regarding the increased risk of NEC associated with Similac. The lawsuit alleges that Abbott knew that cow’s-based milk formulas such as Similac could cause NEC, but failed to warn medical providers or parents about this risk.

A new study found that breastfeeding reduces the risk of NEC in premature infants. The study found that premature infants who breastfeed are only 31 percent as likely as premature infants who don’t breastfeed to develop NEC.

The study adds to a growing body of evidence that feeding premature infants cow’s-based milk formulas such as Similac and Enfamil increases the infants’ risk of developing NEC when compared to feeding the infants breast milk.

Hundreds of lawsuits are currently pending in federal court alleging that infants have developed NEC after being fed Similac or Enfamil formulas.

The stock prices for Reckitt Benckiser fell by around 10 percent on Friday. Reckitt Benckiser is Mead Johnson’s parent company. Mead Johnson sells Enfamil formula.

The fall in stock prices was a response to a recent $60 million verdict which was reached in an Enfamil lawsuit which claimed that a premature infant died of NEC after being fed Enfamil.

The stock for Abbott Laboratories, who sell Similac formula, also fell by around 2.8 percent on Friday despite Similac products not being involved in the trial. It has been indicated the company may face as much as $60 billion worth of legal fees and damages if the company fails to resolve litigation.

Research has linked cow’s milk-based formulas such as Enfamil and Similac to an increased risk of premature infants developing NEC.

Mead Johnson has been ordered by an Illinois jury to pay a mother $60 million dollars in relation to her premature infant dying of NEC after the infant was fed Enfamil formula.

The lawsuit alleged that Mead Johnson withheld information about their formula’s link with NEC, a devastating condition involving bacteria breaching the intestinal walls, leading to inflammation and death of tissue.

Research has found that infant formulas based on cow’s milk, formulas such as Enfamil and Similac, can increase premature infants’ risk of developing NEC.

The judge overseeing the NEC MDL indicated she is willing to be a monitor at depositions in order to assure compliance.

Most MDL plaintiffs have a problem with corporate witnesses that refuse to answer questions. However, when a federal judge is present and listening to testimony at depositions, this can encourage corporate witnesses to be more compliant.

16 cases were added to the NEC MDL in February, bringing the total number of cases to 450.

A lawsuit, on February 7, was filed in Pennsylvania alleging that a premature infant developed NEC after being given Similac and Enfamil infant formulas by a hospital. The lawsuit alleges the infant developed gastrointestinal issues, bowel perforation, growth issues, feeding difficulties and developmental delays, leaving the infant with long-term health problems. The lawsuit claims that, shortly after being born, the infant required life-saving surgery and antibiotic treatment because of the NEC.

There are at least 389 complaints as of February 1 in the NEC MDL.

A new study found that the neurodevelopmental outcomes of extremely preterm infants are every bit as good when they are fed donor milk instead of infant formula, and that feeding extremely preterm infants donor milk may reduce the risk of NEC when compared to feeding the infants infant formula products which are based on cow’s milk.

The randomized, double-blind clinical trial involved 483 infants who were born after fewer than 29 gestation weeks, or while weighing under 1,000 grams. Around half of the infants were fed donor milk and around half of the infants were fed infant formula.

While the two groups saw little difference in language and cognitive scores, nine percent of the infants given infant formula developed NEC, compared to 4.2 percent of the infants given donor milk.

There are now 342 cases which are pending in the NEC MDL. The MDL is seeing growing momentum and this year might see quicker growth regarding new cases.

50 new cases have been added to the NEC MDL in the past month, bringing the total number of cases to 339.

12 cases were added to the NEC MDL in September 2023. There are now 275 cases pending in the MDL.

There are now 275 Enfamil lawsuits and Similac lawsuits which have been filed in federal court against Mead Johnson and Abbott by the families of infants who received NEC diagnoses after drinking the formula. These lawsuits have been consolidated into a multidistrict litigation (MDL). U.S. District Judge Rebecca Pallmeyer is overseeing the MDL in Illinois’ Northern District.

The NEC lawsuits make similar claims, claiming that Abbott and Mead Johnson specifically marketed formula and fortifier based on cow’s milk for preterm newborns to use without warning families, doctors or hospitals that these products raise the risk of developing NEC in preterm newborns. Attorneys are currently investigating and filing additional claims, and the ultimate expectation is that the MDL will consist of several thousand NEC lawsuits.

A lawsuit filed on September 7, 2023, claims that a baby was “catastrophically injured” as a result of develping necrotizing enterocolitis after being fed Similac products at an intensive care unit in Fresno, CA. The baby allegedly required a bowel reconstruction surgery as a result of the disease, and allegedly continues to suffer from long-term health problems.

On July 27, 2023, a lawsuit was filed in Illinois alleging that a baby died from NEC after being fed Similac formula. The lawsuit alleges the baby required multiple surgeries and died after experiencing “excruciating” pain.

As part of the multidistrict litigation’s pretrial schedule, NEC settlement talks have been scheduled for the time period from October 15 to October 27, 2023. These talks may move things forward towards negotiations regarding an agreement which would settle claims against Abbott Laboratories and Mead Johnson.

On November 10, 2022, a proposed schedule for bellwether trial cases in the federal NEC baby formula multidistrict litigation was submitted to the court. The schedule calls for case-specific fact discovery to finish by April 2023, and for a pretrial conference to take place in March 2024, during which the start of the initial jury trials will be discussed.

The results of the initial bellwether trials won’t have a binding impact on subsequent claims. However, they will likely substantially impact NEC settlements which Abbott and Mead Johnson might offer in order to avoid individual cases being remanded to district courts for separate, future trials.

The first trial is scheduled for March 11, 2024. Discovery is in progress in preparation for this trial.

Abbott also faces a class-action suit, filed in November 2021, in the U.S. District Court for the Southern District of Illinois. This lawsuit accuses Abbott of falsely, deceptively and misleadingly marketing that Similac Pro-Advance formula is comparable to breast milk. The lawsuit notes that the product’s labeling claims that the formula is “our closest formula to breast milk.” However, no scientific study has suggested that baby formula and human milk are similar, and the World Health Organization’s International Code of Marketing of Breast-milk Substitutes disallows claims idealizing infant formula.