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NEC Baby Formula Lawsuit Update, April 2023 – Similac & Enfamil Included

NEC Baby Formula Lawsuit Update, April 2023 - Similac & Enfamil Included - Our experts are taking care of Similac and Enfamil infant formula lawsuits for families of premature babies diagnosed with necrotizing enterocolitis (NEC) following some of these formulations. We are currently reviewing NEC lawsuits across every state.

Similac & Enfamil Baby Formula is linked to NEC

Research suggests infant formulas made from cow milk like Similac and Enfamil lead to a severe medical condition known as necrotizing enterocolitis. The newborn NEC formula lawsuits are based on many accusations. However, at their core, they assert that the manufacturers of these formulas were aware of the dangers of NEC and failed to warn parents and provide them with the option of choosing.

If your baby’s premature birth has been diagnosed as having NEC after receiving Similac as well as Enfamil Formula, then you could be able to take part in a class- action lawsuit against the manufacturers of formula and be awarded an amount of money to compensate for the harm caused for your baby.

The law firm we represent is searching for preemie infant formula lawsuits on behalf of families suffering from infant formula. The firm’s NEC Formula experts have been bringing legal action against baby formula manufacturers.

Contact our experts for baby formula today across all 50 US states by dialing 800-553-882. There is a time limit to file an NEC suit. Don’t let these companies get away with their crimes by avoiding justice and claiming that they are not subject to an expiration date. Call our attorneys right now.

*Last updated Friday, 21 April 2023.

NEC Class Action Lawsuit Status Updates

I am sure that the majority of you are keeping track of the NEC Baby Formula lawsuit very closely. Before we dive deep into the details of these lawsuits, I’ll give you an update on the most recent litigation developments.

1 April 2023, NEC Update

A depressing but not surprising study by Emory University suggests that African-American children born early have a higher risk of suffering from necrotizing Enterocolitis (NEC) and being killed than infants of white parents. Our clients involved in the NEC lawsuits are disproportionately minority groups, and this study confirms what we observe in the real world.

This study highlights healthcare inequities and lack of access to human donor milk in some communities, which could increase the likelihood of black preemie infants getting the disease due to infant formula.

16 March 2023, NEC Update

There are more than 122 plaintiffs in open cases within the infancy formula NEC group action MDL. 17 new plaintiffs were added during the past month, making it one of the largest monthly numbers ever since the MDL was established.

24 February 2023 NEC Update

There are currently 97 cases on the formula for babies NEC Class action lawsuits pending in the Northern District of Illinois after five cases were transferred to the MDL during the past month. This is the same number of cases pending in the MDL six months ago. What is the reason this case remained so small? Most of the NEC cases have remained in state court or transferred back to state court. This is why they’re not added to the MDL. This won’t mean large-scale litigation since there are only so many plaintiffs. This makes it much easier to resolve any claims that arise in the future.

17 January 2023 NEC Update

Nine newborn formula NEC lawsuits were filed and incorporated into the NEC class action MDL in the past month. There are now several of the 97 Formula lawsuits filed by NEC in the midst of the MDL. This figure represents the entire plaintiff population (other than the state court) since there is no claim registry for this MDL.

Are we even getting similar to the number of NEC baby formula lawsuits we can count on? No. We have more than NEC clients. The litigation is relatively tiny. It could allow plaintiffs to get fair NEC settlements for lawsuits. Why? The smaller litigation burden is less for defendants who can make fair settlement payments without harming the company’s profits. The defendants make fortunes making money selling formula for babies. Plenty of money is left to pay fair settlements to children who the horrific NEC has injured.

6 January 2023, NEC Update

Judge Pallmeyer plans to host the Judge to hold a “science day” in the NEC infant class lawsuit. Science days are commonplace in complex mass torts. experts from both sides of the lawsuit had the opportunity to give presentations designed to educate the MDL judge about the scientific evidence and questions relevant to the cases. Judge Pallmeyer has ordered the parties to give an NEC science day date during the Jan. status meeting.

11 November 2022 NEC Update

Eight infant formula NEC Class action MDL cases have been selected to participate as bellwethers. The defendants will select 4 additional cases to join this group before this month’s close. The MDL Judge has recently released an Order officially approving the form for fact sheets that all plaintiffs in these bellwether cases must complete and submit. The fact sheet will be one of the initial steps in the discovery process for bellwether cases. Experts and witnesses will be deposited in the fact sheet. Will follow.

7 November 2022 NEC Update

A judge from the NEC pre-term infant formula MDL granted the motion to remand 29 pending cases back into state court in Pennsylvania. This motion was approved because these cases involved lawsuits against not only the formula makers but the local hospitals that provided infants formula—including local hospital defendants in these cases meant that the criteria for the diverse jurisdiction of federal courts weren’t met. Consequently, the cases were remanded to the remand process. After the deactivation of the 29 instances, the NEC formula MDL currently has more than 106 cases that are pending that are part of the NEC formula MDL.

8 October 2022 NEC Update

The MDL Judge for the Formula NEC class action MDL was given the list of 66 potential NEC cases, and she will randomly select four cases to be included in the bellwether pool of candidate pools. Bellwether’s candidate pool consists of 12 cases. Each side will pick four cases and four random lawsuits selected by the Judge from this pool of 66. The 12 cases will be subject to discovery. Each side will choose two cases for bellwether trials.

15 September 2022, NEC Update

This week, the Judge of the formula infant NEC Class Action MDL gave her the first major decision on case management. The amended CMO No.7 defines the rules and deadlines to select bellwether test cases for trial and discovery. The initial step is selecting a group consisting of twelve “bellwether discovery” cases to be used as possible cases for trial trials. Why is this such a significant matter? It is only possible to reach an agreement in litigation such as this with the stress of an upcoming trial date.

In the plaintiffs’, defendants and the court select four cases from the initial 12 cases, and the process is expected to be completed by 23 November 2022. It’s just a few months away. After the finalization, the 12 cases will be put through a short fact-discovery procedure so that both sides can learn more about the case. When fact discovery has concluded and the cases are finalized, four will be chosen from the twelve, and these four cases will become the first bellwether trials. Bellwether trial dates will be held at intervals of 12 weeks in alternating sessions between the defense picks and the plaintiff’s pick.

20 August 2022 NEC Update

Lawyers from the NEC baby formula MDL have submitted a plan to select potential bellwether cases. The strategy to select the cases to go through trial is similar to the process lawyers specializing in mass torts typically find in other class action lawsuits.

According to the draft order, the parties must give the court twelve NEC lawsuits to be considered for the discovery pool bellwether with an even number of cases that involve both Abbott Mead Johnson and Abbott Mead Johnson.

When the 12 lawsuits have been selected, the cases will be subject to the pre-trial discovery process. Once discovery is concluded, each side will be able to select two first bellwether trial cases for an overall total of four test trials.

It’s easy to see the way this plays out. Lawyers representing plaintiffs will choose the NEC lawsuits with the best evidence and are most likely to prevail in court. Defense attorneys choose the weakest cases most likely to yield an outcome in defense.

10 August 2022 NEC Update – NEC Lawsuit Pre-trial Procedures Being Developed

It is believed that the NEC Baby Formula class action suit involving the Northern District of Illinois continues to be a focal point because The Plaintiffs’ MDL Leadership Committee is at the end of negotiating an agreement with the defendants on the discovery procedure and other steps. Meanwhile, around twelve plaintiffs have had success in getting their cases sent back to state courts because of a lack of diversity jurisdiction.

27 July 2022 NEC Update – New Study Underscores Plaintiffs’ Claim for a Warning

NEC remains among the leading causes of death in premature infants, according to a recent medical study published in JAMA Pediatrics. The study concluded that premature infants diagnosed with NEC increased the risk of dying by a ratio of seven. For those who do not suffer from NEC but die, the study showed that most suffer permanent disabilities and long-term medical treatment.

22 July 2022 NEC Update – NEC Class Action Lawsuit Gaining Steam

9 brand-new NEC formulation lawsuits were filed and transferred into the MDL for Pre-term Nutrition during the 30-day time frame (15 June 2022 until 15 July 2022). The number of infant formula cases in the national NEC group action suit is 97. Our attorneys believe that the rate for new NEC formula cases will grow in the coming months and then slowly slow. Our NEC experts have seen fewer new baby formula cases in recent weeks. But, we are seeing more NEC cases go to state court in the federal NEC class action and state court in the coming months.

19 July 2022, NEC Update – AAP

As lawsuits and concerns continue to mount over the connection between NEC and bovine formula for infants, The American Academy of Pediatrics (AAP) has released new guidance, which advises parents to refrain from using infant formula completely for infants who are not yet born. The new guidance calls on hospitals to cease marketing infant formula and focus on breastfeeding instead.

1 July 2022, NEC Update

Class action plaintiffs generally directly file their claims in the MDL rather than filing the claim in their state of residence or waiting on the case to transfer. Plaintiffs seeking to file NEC lawsuits against the formula makers Abbott and Mead Johnson in the class action baby formula lawsuit are soon able to file their claims directly in the MDL. The Judge of the NEC Formula MDL, Hon. Rebecca Pallmeyer, issued a proposed order this week that allows direct filings within the MDL. The proposal was discussed at the annual status meeting yesterday and will likely be filed this week or next.

17 June 2022 NEC Update

At the time of 15 June, there had been 89 lawsuits that had joined NEC MDL, the latest formula. NEC MDL (Abbott Laboratories). Pre-term Infant Nutrition Prod. Liab. Lit. – MDL No. 3026) in the Northern District of Illinois in federal court. That means 37 new NEC formulation lawsuits were transferred to 3026) in the NEC Class Action lawsuit within the initial month. Our experts, who specialize in baby formulas, believe this trend will continue, with 20-40 new cases being filed or transferred each month until the end of the year. After that, the number of lawsuits filed will likely slow down.

6 June 2022, NEC Update

In the latest newborn formulation NEC plaintiff in a class action Hon. Rebecca Pallmeyer, the Judge issued CMO #2 last week. The order outlined her final selections to NEC attorneys who will serve as Plaintiff’s Liaison Counsel, Lead Counsel, and the Steering Committee. The NEC experts represent all plaintiffs and make certain decisions – at a minimum, pre-trial decisions for all defendants of this NEC collective action. (These experts are not paid directly by the victims but instead out of the attorney’s fees you pay your personal NEC attorney.) Meanwhile, the NEC class litigation in federal court is growing. The cases are transferred from all over the country. Twenty-six brand new NEC cases have been added to the MDL class since 16 May, totaling 78 suits.

23 May 2022 NEC Update

The Formula NEC MDL (In re: Abbott Laboratories et al., Pre-term Infant Nutrition Prod. Liab. Lit.- MDL No. 3026) is officially underway for MDL No. 3026) is officially underway in the Northern District of Illinois. JudgeJudge Rebecca Pallmeyer held her first status conference on 19 May and will select the members for the plaintiff’s Lead Counsel, Liaison Counsel, and the leadership committee next week. On 16 May, 52 cases in active litigation were combined in the MDL. The number of cases will likely double within the next month.

4 May 2022 NEC Update

The lawsuits are progressing. We NEC infant formula attorneys are astonished by the number of parents we receive each day interested in filing an NEC formula lawsuit. Our attorneys had noticed that the most likely lawsuits were when the child was born before 2011. The most significant issue our company is experiencing in older cases is that locating the medical records may be difficult. The most recent cases are also much better due to the argument that parents and physicians should be warned about the risk increases each year after 1990. However, our experts are examining necrotizing enterocolitis lawsuits from 2001.

8 April 2022 NEC Update

The MDL Panel has certified a new MDL NEC baby formula class action lawsuit. Any NEC lawsuit that federal judges file will get assigned to Judge Rebecca Pallmeyer, a US District Court Judge in Illinois. This move will push these lawsuits out of the second speed and push us toward an upcoming trial date, which could force Abbott and Mead to offer reasonable settlements for the NEC Formula lawsuit.

6 April 2022, NEC Update

It is reported that the Supreme Court of Illinois previously approved a request to merge twenty NEC formula cases currently pending within Illinois the state court system before one Judge (Dennis Ruth) in the Circuit Court for Madison County. It effectively created an MDL-like mini-state court level. However, Abbott seeks to move the cases consolidated to Madison County to either Cook County (Chicago) or Lake County, under the law of forum non-convenient (inconvenient forum). Illinois lawsuits are relevant because lawsuits filed within Michigan, Ohio, Florida, or any other state may be able to make it to Illinois state courts. If you choose to hire an NEC lawyer that isn’t in Illinois, the baby formula lawsuit could get a hearing before Judge Ruth in Madison County, Illinois.

31 March 2022 NEC Update

The new study found that 95 percent of US Dietary Guidelines Advisory Committee members had conflicts of interest with the pharmaceutical and food industries. Seven companies were identified as having conflicting interests. Did you know that there were Abbott and Mead Johnson on the list? Yes, they were. This answers why baby formula companies could manage to sweep NEC under the carpet for so long.

6 March 2022, NEC Update

Following the Similac recall disaster, Americans look more closely at how infant formula manufacturers place profits before people. The FDA needs to be designed to keep these businesses in control. This can help the NEC lawsuits as it highlights how the sausage is produced and how federal regulators view the stores.

14 February 2022 NEC Update

The manufacturer of Enfamil (Mead Johnson) joined Abbott to support the need to file an NEC infant formula group action lawsuit to cover all NEC claims filed in federal courts. This is an excellent opportunity for plaintiffs looking to avoid legal action over their infant formula suit. The biggest issue is the type of court handling the MDL class lawsuit. The defendants are seeking US District Court in Connecticut. Why? Their motions did a terrible job of explaining why. Lawyers for babies who are victims would prefer their clients to the Northern District of Illinois for apparent reasons. Both Mead and Abbott have their headquarters close to Chicago.

3 February 2022 NEC Update

The NEC lawyers are waiting to find out whether a class-action lawsuit is possible in the state court in Illinois. In Illinois, the Illinois Supreme Court has yet to make a decision. Illinois could have two infant formula classes at the moment: the first in state court and the one at the federal level. The defendants to the formula are likely to accept this class action, just as they did in the federal MDL.

27 January 2022 NEC Update

There is a growing body of medical research to back the claims put forth by lawyers for plaintiffs about the toxic formula for infants NEC lawsuits. This new study exposes the dangers that come with NEC and cow milk.

18 January 2022 NEC Update

Abbott submitted a petition to the JPML asking the entire NEC baby formula litigations to be combined into a new MDL. Abbott asked for the MDL to be established within the District of Connecticut and assigned to Hon. Stefan Underwood.

Baby Formulas Are Linked to NEC in Premature Babies

Babies born early require additional nutrition to help boost their growth and development.

A lot of premature babies, however, are not capable of breastfeeding. Therefore, they usually receive infant formula instead. Similac, as well as Enfamil are two of the most popular brands of infant formula.

Cow Milk Problem

Many infant formulas, including Similac and Enfamil, are made of cow milk, enriched with different ingredients and nutrients replicating human milk. Recent (and not-so-recent) scientific studies have shown that cow-milk-based formulas like Similac and Enfamil may increase the risk for infants to develop a potentially dangerous infantile digestive disorder called necrotizing Enterocolitis (NEC).

Despite making a lot of money, the makers of these formulas for infants have largely ignored the scientific evidence for the past 30 years. The research shows that the cow’s milk formula causes an overgrowth of bacteria in the stomachs of premature infants that could create holes in their bowels and lead to bleeding and infection.

What is NEC in Newborns?

NEC is a severe bacteria that can cause infection within the digestive tract of infants. It is most common in babies who are premature or overweight.

NEC can be very dangerous for infants. If NEC is present, it triggers inflammation in the intestinal tissues and rapid tissue degradation. Perforations (holes) could develop in the baby’s intestines, causing bacteria to escape through the abdomen.

NEC Treatment

NEC is a mild condition in infants but severe in other infants. The initial step in management for NEC should be to cease all oral feeds and start the infant with a vigorous regimen of antibiotics.

Nutritional supplements are then given intravenously. If the infection isn’t controlled promptly, it can cause dead tissue to form in the baby’s intestines. If this happens, it is possible to undergo surgery to eliminate the dead intestinal tissue and fix any perforations.

NEC Is Life-Threatening

Even a mild form of NEC is hazardous and could be life-threatening to a premature baby. Between 15-40 percent of premature babies with NEC pass away. This is because NEC could cause a fatal blood infection called sepsis.

When NEC damages the infant’s stomach tissue, bacteria can spill out of the intestine and into the abdominal cavity.

This kind of infection is referred to as peritonitis. If not promptly and efficiently treated, the infection may get into the baby’s bloodstream and then become sepsis.

NEC Consequences

Even if NEC isn’t a cause of death, it can lead to permanent or lasting complications and adverse health effects. Three out of three infants who suffer from NEC will develop intestinal sloughs.

It’s narrowing in the intestinal tract. Intestinal tightness can cause food to be difficult to move through and may necessitate surgery to fix. If NEC causes surgical removal of the intestinal tissue, it may result in short bowel syndrome and affect infant development and growth.

NEC in Premature Infants Caused by Enfamil or Similac

NEC occurs only in one out of 2,000 live babies born in the US. When it comes to premature births, NEC is more prevalent. NEC is found in approximately 10% of premature newborns (born at 37 weeks or younger).

The precise cause for NEC has yet to be completely identified. However, numerous research studies and clinical studies conclude that formulas made from cow milk, like Similac and Enfamil, can significantly increase the likelihood of a baby developing NEC.

However, the danger of preemies who are born prematurely has been evident. For a long time, experts from the American Academy of Pediatrics have told us that breast milk from a human is the most effective option for newborns due to the possibility of NEC from infant formula. Anyone who is involved in an NEC Baby Formula lawsuit will concentrate on the medical literature that is cited and inquire about the reason why Abbott and Mead did not provide the warning.

Lancet Study

The first research to suggest the possibility of a link between bovine formulas for babies and NEC was released in Lancet in the year 1990 and concluded that babies fed formulas are 20x more likely to develop NEC.

Journal of Pediatrics Study

A decade later, a research study published in the Journal of Pediatrics reached similar conclusions and concluded that infants fed human milk or breast milk fortifiers had a 90 percent lower risk of developing NEC than infants who were fed traditional formula. Two more studies were released in 2013, which produced more conclusive findings regarding the connection between NEC and bovine formulations.

New NEC British Medicine Study

The recent study released on 14 October 2021 in The British Medical Journal will add an element to any necrotizing enterocolitis formulation lawsuit. It is believed that manufacturers of infant formulas, such as Similac and Enfamil, have financed inaccurate and skewed clinical tests. The study found that infant formula tests showed a “universal lack of transparency” and could have underplayed the risk of NEC related to their cow-milk formulas.

More NEC Formula Studies

  • Evidence-Based Feeding Strategies Before and After the Development of Necrotizing Enterocolitis (Expert Rev. Clin. Immunol. July 2014). Here’s the most important statement: “Necrotizing enterocolitis (NEC) is a debilitating disease that affects premature infants, with substantial morbidity and death. It is widely known that the risk increases through using baby milk.” This is an important study of the NEC infant formula litigation event.
  • Another set of clinical findings was published in 2016 ( Beyond Necrotizing Enterocolitis Prevention – Breastfeeding Medicine) and in 2017 ( Human milk is the primary food source to avoid necrotizing enterocolitisSemin Perinatol.). The language used here is simple: “Extremely premature infants who were fed a strict HUM diet showed a significant decrease in the rate of mortality and NEC. This HUM group also experienced an improvement in late-onset sepsis BPD and ROP. This study from multiple centers further highlights the numerous advantages of a strict HUM diet and shows many improved outcomes following the introduction of this feeding regimen.”
  • In 2019, Cochrane (an independently-owned health care research institute) released its findings from the most extensive study ever conducted that compared health outcomes for premature infants fed bovine formula with human milk. The findings from this Cochrane investigation ended any debate over the causal link between cow-milk-based products and NEC among premature children. This study demonstrates the danger to infants with NEC.

Makers of Similac and Enfamil Failed to Warn About the NEC Risks

Similac is produced in the United States and is sold through Abbott Laboratories Inc., A significant manufacturer of medical devices and product manufacturer based in Illinois. You’ve probably had the pleasure of hearing about them. It is less likely that you have been aware of Mead Johnson Nutrition Company, which produces Enfamil. However, it is a billion-dollar business.

Abbott and Mead were aware of the evidence that their cow milk-based formulas resulted in an increased chance for NEC for premature babies. While they were well aware of the relationship between their products and the possibility of NEC, Abbott, and Mead intentionally chose not to include a warning message about the NEC danger on labeling their products.

The change of warnings for baby formula in the United States Federal Food, Drug, and Cosmetic Act is simple. (It is a lot simpler to modify a warning in the FDCA than to modify, say, the warning for a drug’s label.)

Why not include an alert? We can start by saying that our experts don’t know. The toxic babies’ mixture NEC lawsuits are only beginning. However, it’s easy to draw a conclusion using the information currently in place. Follow the money. A warning can lead to lower sales. Fewer sales mean less profit and fewer yachts. We’ve all heard the tale, you know, right?

In the face of increasing scientific evidence that their formulas pose the risk of pre-term babies in developing NEC, Mead and Abbott continue to sell the products they sell as being safe. They also didn’t warn consumers about the dangers.

NEC Lawsuits Against Baby Formula Makers

An increasing number of parents and babies who were fed Similac and Enfamil formulas and later created NEC are bringing legal suits for product liability against the formula makers (Abbott and Mead) because of their negligence in failing to warn adequately.

The lawsuits claim that Abbott and Mead had an obligation to inform consumers about the dangers associated with NEC and their products for infant formula but knowingly did not provide any warning and continued to promote its products as safe.

What Are Expected NEC Baby Formula Lawsuits Settlement Compensation Amounts?

The NEC baby formula lawsuits for product liability are brand new. Families have been filing medical malpractice lawsuits for necrotizing enterocolitis lawsuits since the beginning. Therefore, if it is successful, the settlement amount for these cases has a track record that can help us determine the possible amount of settlement in the lawsuits.

On average, the verdict of the successful NEC Preemie litigation is millions. The experts for our baby formula expect similar payouts if plaintiffs prevail in these cases.

Our experts think they will only see Similac litigations and Enfamil litigations go to court. We may be in the wrong. However, our experts think that the manufacturers of these formulas for babies will pursue a global out-of-court settlement of the majority of NEC cases they could.

However, settlement amounts and trial sums are not the same. Even if the producers of Similac and Enfamil estimated a typical jury verdict compensation amount of $2 million for each case, that would not mean that the median settlement amount could be as high as $2 million. Why? A settlement is an agreement.

Are Necrotizing Enterocolitis (NEC) Baby Formula Lawsuit a Class Action Lawsuit?

Yes, there’s a class-action NEC lawsuit in Illinois. This means that should you file in the federal courts in New York, Texas, California, or another state, you can request that your NEC Baby Formula lawsuit will be transferred to the federal court in Illinois.

The infant formula could be a class action even if it doesn’t have thousands of plaintiffs. Although the totality of the lawsuits may be less than the settlements may be substantial. Because the damages are intense in most NEC cases, The average individual settlement payout for compensation in baby formula cases could be significant.

Example NEC Baby Formula Lawsuit

To provide some context, let’s examine an illustration of an NEC lawsuit.

Then, in the spring of last year, Abigail Grosshuesch filed an NEC infant formula lawsuit in the County Circuit Court for Madison County, Illinois, against Mead Johnson & Company LLC and Mead Nutrition Company, alleging negligence as well as other claims.

The complaint filed in this NEC lawsuit states that the plaintiff’s child was born prematurely in 2013. At first, the baby was “doing well” on her mother’s breast milk. After two weeks of birth, the baby was given Enfamil cow-milk-based milk formula for several days. The lawsuit states that the formula led the baby to develop NEC that required “aggressive medical intervention.”

The baby passed away one week later of complications relating to NEC. The complaint claims that Mead Johnson failed to inform the public about our discussion. The lawsuit claims Mead Johnson knew about the risks of its bovine-based formula and did not provide sufficient warnings about the risks of NEC related to it.

Why is the NEC infant formula suit not exempt from the law’s statute of limitation if the baby was born in 2013? I will discuss this in the following paragraphs.

Mini MDL NEC Class Action Lawsuit Sought in Illinois

Since February 2021 there have been 33 NEC baby formula lawsuits brought in Illinois, the state court system. Why is Illinois now a popular place for the growing NEC formula lawsuits? The makers of Enfamil and Similac are both located in the Chicago region. This means there is no federal court authority if Mead Johnson or Abbott are brought to Illinois.

Then, in December of 2021, NEC counsel for the plaintiffs submitted a motion before the Illinois Supreme Court asking that the separate cases be combined before an individual judge. This is the equivalent state court for an MDL class case.

On 3 January 2022, Abbott and Mead Johnson were granted extensions of time to answer the request. Both firms are likely to prefer to consolidate, as defending a single case is more efficient than defending 30 different cases simultaneously.

Illinois May Be NEC Baby Formula Lawsuit Epicenter

Establishing an Illinois judge in a state judge MDL for NEC infant formula lawsuits in Illinois will indicate the rapidly increasing momentum behind these cases. With each new NEC infant formula case filed by 2022, our experts expect the creation of a new baby formula MDL class case at the federal level.

However, this may not be the case. Illinois legislation is more favorable to victims than many states. Illinois permits lawyers from other states to join lawsuits within the state. Mead Abbott and Mead Abbott are both located in Illinois. Therefore, they can both respond to an NEC lawsuit from that state. It could be that the majority of NEC baby formula lawsuits are filed in Illinois even though they were filed in Florida,

Texas and any other states.

Should the (mini) NEC baby formula class action lawsuit is successful, this is a significant advancement because it propels lawsuits that involve these milk fortifiers to the forefront. This could force companies to offer fair settlements for NEC-related injuries or deaths.

What Is the Statute of Limitations for an NEC Baby Formula Lawsuit?

The time frame for filing the NEC suit is a complex problem. The time limit to file a lawsuit is contingent on the state where the incident was committed. There are a variety of deadlines for children that could have a deadline of 21 years to sue – as well as their parents. Parents generally have a lower deadline to bring suits.

An NEC Lawsuit May Have Discovery Rule Statute of Limitations Extension

There’s also the possibility of some sort of discovery rule issue within the NEC lawsuits, which could potentially prolong the statute of limitations even more. NEC lawsuits claim that due to misleading marketing and a lack of warnings regarding the risks of cow’s milk, parents did not even know the link to NEC or baby formula made from cow milk until recently.

There could be a limited time to submit an action. If you believe you’d like to file an NEC lawsuit for baby formula, call an NEC formula lawyer now to be aware of your rights, even if you have yet to make an immediate plan to file an NEC lawsuit.

Similac and. Enfamil: Which is more harmful than the other?

Similac and Enfamil are the two most well-known infant formula brands. When it comes to the possibility of necrotizing enterocolitis (NEC) in premature infants, it is apparent that Enfamil and Similac are equally harmful. (The most recent Similac recall isn’t explicitly related in any way to NEC.)

The latest research could show otherwise; however, the scientific basis must be clarified. The consensus of our experts is that both originate from cow’s milk and are the primary reason for NEC in babies taking infant formula.

How Will The Justice Now’s Experts Defend NEC Lawsuits?

The defense attorneys will present the argument of preemption. The essence of the argument goes that infant formula claims made under state law are not allowed under the law. Infant Formula Act (“IFA”) 20 U.S.C. SS 350a. This is not a successful argument and has yet to be successful.

In a medical negligence case that involved NEC for 2021 shortly, a defense expert offered this argument that I believe you will hear in the case of Mead Abbott and Abbott:

The research literature does not support the plaintiffs’ assertion that a provider “caused” NEC. The reason behind NEC has yet to be fully understood in the present. Since there isn’t a medically recognized single cause of NEC, there is no way to say with a reasonable level of medical certainty the cause of NEC.

In particular, it’s impossible to pinpoint the cause that led an infant to suffer from NEC. Even with only pre-term infants that are fed lightly, NEC can occur. It is a fact that NEC cannot be anticipated or avoided.

The primary defense against the development of NEC is avoiding premature birth. Still, in this instance, the pregnancy couldn’t be prolonged because the mother of the baby] suffered an early membrane rupture before she arrived at the hospital. The baby’s mother was unable to deliver the baby.

Furthermore, the idea that the exact cause of NEC can be determined is speculative nonsense. Even though NEC is most often seen in pre-term infants, it also is seen in term infants.

This argument flies in against the abyss of medical research. I think that defense lawyers’ arguments are so flawed in these cases that I’m sure defendants will be willing to offer fair settlements before an NEC lawsuit goes to trial.

How Does NEC Cause Damage to the Intestine?

The ductus arteriosus can be described as a blood vessel that connects the pulmonary artery to the aorta so that the fetus can breathe with her blood. If the baby is born and the ductus arteriosus is opened, it should be closed.

Patent Ductus Arteriosus

A condition known as patent the ductus arteriosus (PDA) may arise when the ductus archivists do not close. What happens is that oxygenated blood flows through organs, such as the stomach, and then returns to the lungs.

The blood vessels within the lungs get overloaded, known as pulmonary swelling. This means that the intestine might not get sufficient oxygenated blood.

The problem is exacerbated by babies born with low birth weight or premature babies due to their undeveloped intestines. Thus, the loss of oxygenation to the intestines feeds on the inner lining of the intestinal wall. Medical literature shows that cow milk formula quickly accelerates the degeneration of the intestinal wall. This can lead to necrotizing enterocolitis.

In the case of damage, it is evident that the internal part of the intestine can be accelerated fast at this moment. In the intestine, bacteria could cause an infection which can break or endanger the intestine.

Perforations in the intestine would result in the spillage of stool into the baby’s abdomen. It can lead to sepsis, which can cause death if the child can survive (becomes necrotic) with or without perforation, death. For babies born preemies with NEC who survive, they could be afflicted by short gut syndrome and neuro nutritional and neurological complications.

Call Our experts About Your NEC Baby Formula Lawsuit

The law firm we work for studies possible NEC harmful baby formula litigation. We are especially interested in the input of parents of premature babies who used Similac or Enfamil formulas and then created NEC.

If you suspect that your child was born with NEC due to using cow’s milk-based formulas, contact the NEC infant formula attorneys now for an initial consultation for free toll-free at 888-885-2771 or contact us via email to receive a no-cost assessment of your case.

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