The Link Between NEC and Baby Formula: Risks and Legal Options

Premature infants are a vulnerable population, and the health of these little ones is of the utmost importance. Unfortunately, some parents of premature infants have been filing lawsuits against the manufacturers of Similac and Enfamil baby formulas, claiming that their products have caused serious complications in their children, specifically necrotizing enterocolitis (NEC). 

In this article, we will examine the link between NEC and baby formula and discuss the legal options that may be available to parents whose premature infants have been affected by this condition.

What Is NEC?

NEC, or necrotizing enterocolitis, is a serious gastrointestinal disorder that typically affects infants who are preterm and have other health issues. As a result of the intestinal inflammation it generates, patients might suffer life-threatening consequences, such as colon perforation, sepsis, and even death.

The main cause of mortality in preterm newborns in the US, according to the NEC Society, is NEC. Although many infants with NEC fully recover, the illness can sometimes lead to long-term neurological and nutritional problems.

Link Between NEC and Baby Formula

Since the 1990s, studies have shown that preterm infants who are fed formulas made with cow milk have a noticeably greater chance of having NEC than infants who are exclusively given human milk. 

While the specific reason for the link between NEC and cow milk-based baby formula is not clear, it is believed that the component of cow’s milk called bovine spongiform encephalopathy (BSE) may be a contributing factor. BSE has been shown to cause intestinal inflammation, which can lead to NEC.

According to the Genetic and Rare Diseases Information Center, almost 50% of infants who survive NEC will experience long-term health issues.

Manufacturer’s Responsibility

Families have received sizable verdicts and settlements as a result of the numerous medical malpractice cases that have been brought against the doctors who recommended Similac and Enfamil. 

Now, more and more parents are filing a toxic baby formula NEC lawsuit against the producers of these infant formulas. They are alleging that Abbott Laboratories and Mead Johnson were aware of or ought to have been aware of the possible dangers connected with their goods.

Parents contend that Mead Johnson and Abbott Laboratories neglected to inform them about the hazards posed by the ingredients in their infant formulae, particularly the BSE component in cow’s milk, which has been linked to NEC, sepsis, failure to thrive, and other problems for preterm newborns.

Additionally, they contend that despite warnings from powerful medical organizations, the businesses failed to find out more about the possible risks associated with their products and failed to alert the public.

Moreover, the plaintiffs contend that Mead Johnson and Abbott Laboratories failed to provide adequate usage instructions or guidelines for their medicines while simultaneously marketing them as safe and advantageous for preterm newborns despite the hazards involved.

Mead Johnson and Abbott Laboratories dispute that these formulations contribute to NEC and other problems. They assert that gastrointestinal illness can manifest in preterm newborns who are breastfed and is “naturally occurring.” 

Additionally, they contend that the 1980 Newborn Formula Act, which was created to guarantee that all infant formula is nutritionally appropriate, does not allow statements regarding preterm infant formulae.

Legal Options for Parents

If your premature infant has developed NEC after being fed Similac or Enfamil baby formula, you can claim compensation for medical expenses, pain, and suffering caused by the incident. Consulting with an experienced attorney who specializes in product liability and medical malpractice cases is recommended to understand your legal options. 

It’s important to keep in mind that these cases can be complex, and it may take some time before a resolution is reached. Also, it’s important to know that there is no guaranteed outcome, and you may not win the case or receive any compensation.

In August 2022, the Judicial Panel for Multidistrict Litigation merged around 97 cases, including NEC claims, in Illinois MDL 3026, which is where the hazardous infant formula litigation now stands. In addition, a second class action lawsuit, MDL 3037, has been filed in Illinois for Abbott’s recalled infant formula.

There are currently no planned trials, and the litigation is still in its early stages. MDL 3026 had 106 cases open as of October 14, 2022.

By working with an experienced attorney, you will have a better understanding of your legal rights and options and will have the best chance of obtaining the compensation you deserve.

Conclusion

In conclusion, NEC is a serious condition that primarily affects premature and medically fragile infants and has been linked to cow milk-based baby formulas. Parents whose premature infants have been affected by NEC after being fed Similac or Enfamil baby formula may have legal options available to them. 

If you or someone you know has a premature infant who has been affected by NEC, it is best to consult with an experienced attorney who specializes in product liability and medical malpractice cases to understand your options and assess if there is a case.