Baby formula lawsuits claim that cow’s milk-based baby formula is causing premature (or premie) infants to develop a gastrointestinal illness called necrotizing enterocolitis.
The Carlson Law Firm is helping clients sue Enfamil and Similac manufacturers for their failures to warn parents about NEC risks in premies.
Baby must have been a premature birth with fewer than 37 weeks of gestation.
Premature baby must've been fed formula or fortifier made by Similac or Enfamil.
Parents may not have an NEC diagnosis but our team can review medical documents that may indicate NEC.
The jury found formula manufacturing giant Mead Johnson liable and awarded the plaintiffs $60 million—$35 million more than the plaintiff’s attorneys were asking.
The inaugural trial against major baby formula companies Mead Johnson and Abbott has commenced in St. Clair County, Illinois.
The lawsuit stems from the harrowing ordeal of a Fairview Heights mother, whose premature twins were born five weeks early in 2020, each weighing just over 3 pounds.
When one of the twins was transitioned from donor human milk to a cow’s milk-based formula at Memorial Hospital Shiloh, the infant developed NEC, highlighting the crucial issue of how formula manufacturers communicate NEC risks to parents.
This case is one of hundreds filed nationwide, accusing Mead Johnson and Abbott of failing to adequately warn about the increased risk of NEC associated with their products.
Four crucial bellwether cases have been chosen, which will offer insights into jury responses and significantly impact potential settlements. If you or a loved one’s child was diagnosed with necrotizing enterocolitis after using toxic baby formula, contact us for a free consultation or use the chatbot on this page to see if you qualify for the Toxic Baby Formula Lawsuit.
The Judicial Panel for Multidistrict Litigation took the step of consolidating a total of 252 lawsuits pertaining to NEC claims under the case MDL 3026 in Illinois. This consolidation was directed to U.S. District Judge Rebecca Pallmeyer. Presently, the litigation process remains in its initial phases, with no settlements or jury verdicts having received approval thus far.
August 15, 2023: The count of pending NEC baby formula lawsuits within MDL 3026 totaled 205.
In April 2023, the number of cases pending within MDL 3026 was 157.
During April 2023: Ongoing negotiations amongst legal representatives have centered on the procedural aspects of conducting discovery. The involved parties are obligated to present a concise summary of any unresolved matters to the court before April 25, 2023.
A designated date of May 3, 2023 was set by the presiding judge for science day proceedings. This special session provides an opportunity for both sides to provide the court with a comprehensive overview of general medical and scientific themes related to the case.
March 2023 figures: The tally of NEC lawsuits awaiting resolution within MDL 3026 stood at 122.
In January 2023: The case count in MDL 3026 showed a total of 97 pending lawsuits.
Back in December 2022: Four specific cases, namely Clarke, Cresap, Inman, and Mar, were selected by the defendants for the purpose of bellwether test trials.
October 2022: Plaintiffs chose four cases for bellwether test trials as well: Brown, Diggs, Lopez, and Koeth. Additional bellwether cases were drawn at random and involved McCarthy, Jacobs, Kelton, and Donaldson.
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The first step is to schedule a consultation with a specialized product liability attorney. During this meeting, you’ll discuss the details of your case, including any harm caused by the baby formula, evidence you have (such as medical records or product packaging), and potential legal strategies. Our team will evaluate the viability of your case and explain your legal options, including the likelihood of success and possible compensation.
If our team determines that you have a strong case, the next step is an in-depth investigation. This involves gathering all necessary evidence, consulting with medical experts, and identifying all liable parties. Your attorney will then file the lawsuit in the appropriate court, outlining the legal basis for your claim and the damages you seek. The defendants (e.g., the baby formula manufacturer) will be served with the complaint and given a chance to respond.
Because they are incredibly complex claims, mass torts claims can take several years to resolve. Once the lawsuit is filed, the litigation process begins. This includes discovery (exchange of evidence between parties), depositions (interviews under oath), and possibly pre-trial motions. Throughout this period, your attorney will negotiate with the defendants’ legal team to reach a settlement. Many cases are resolved through settlement negotiations to avoid the uncertainty and expense of a trial. If a fair settlement cannot be reached, the case will proceed to trial, where a judge or jury will determine the outcome.
If you have more questions about the lawsuit process, give us a call today at 800-359-5690. Consultations are free and confidential.
Unfortunately, parents who lost their babies to NEC may not know. Alternatively, parents of children with long-term illnesses or developmental also may not know the cause of their child’s health condition. If you suspect your baby or toddler suffered from NEC in their early months of life, contact an NEC Lawsuit Lawyer. Our legal team is available to assist you in your fight against negligent companies.
In addition to discussing your baby’s condition with an attorney, it’s also possible that you may be able to identify your baby’s condition based on the type of baby formula they were fed.
The signs of NEC become apparent when there is a feeding intolerance, abdominal distension, and bloody stools after 8-10 days of age.
Typically, NEC ranges in severity. For example, some infants may have very mild cases and only mild discomfort. Others, however, experience extremely severe and life-threatening cases that can threaten the life of an infant. Necrotizing enterocolitis is linked to several conditions that parents should be aware of. These symptoms include the following:
As of the publication of this article, the Food and Drug Administration has not recalled Similac or Enfamil baby formula—despite the packaging’s lack of a warning about an increased risk of NEC. Our team of NEC Lawsuit Attorneys is looking into the following products:
Our NEC Lawsuit Attorneys are pursuing these claims to ensure accountability for negligent baby formula manufacturers.
Similac and Enfamil are two of the most popular brands of infant baby formula. Both products are made from cow’s milk and given to newborns a substitute for breast milk.
Unfortunately, cow’s milk formulas are associated with NEC in premature infants. In fact, a 2019 study from Cochrane revealed that feeding a baby formula that contains cow’s milk nearly doubles the risk of developing necrotizing enterocolitis.
Necrotizing enterocolitis (NEC) is a serious gastrointestinal issue that affects mostly premature babies. The condition is a serious gastrointestinal bacterial infection that results in the death or deterioration of tissues in the intestinal wall.
In short, NEC is the death of intestinal cells after serious inflammation occurs. The condition causes intestinal tissue inflammation which leads to tissue in these organs dying. As a result, a hole forms in the baby’s intestine, leaking bacteria into the abdomen or bloodstream.
Our NEC lawsuit attorneys are reviewing claims for families who have children that were
Our compassionate baby formula lawsuit lawyers are assisting families with injury or wrongful death lawsuits against formula manufacturers. Contact us at 866-791-0971 or fill out a form to determine your next steps.
The main formula brands with NEC lawsuits against them are Similac and Enfamil. If your premature infant received any of the following, you might be able to file a baby formula lawsuit.
Similac products given to premature babies that cause NEC may include the following:
Enfamil products given to premature babies that linked to NEC may include the following:
If you recognize any of the above products, schedule a free consultation with a member of our compassionate legal team. Our NEC Lawsuit Lawyers are available when you need us most.
To support your baby formula lawsuit, you'll need to gather several key pieces of evidence. This includes medical records documenting your child's illness or injury linked to the formula, the formula's packaging and labels, any receipts or proof of purchase, and any communications with the manufacturer or retailer. Additionally, having expert medical opinions that connect the formula to your child's condition can significantly strengthen your case.
Compensation in a baby formula lawsuit can vary depending on the specifics of the case. Generally, you may be entitled to compensation for medical expenses, both past and future, related to your child's injury or illness. This can include hospital bills, doctor visits, and any necessary treatments or therapies. You may also be eligible for compensation for pain and suffering, emotional distress, and any lost wages if you had to take time off work to care for your child. In some cases, punitive damages may also be awarded to punish particularly egregious conduct by the manufacturer.
The time frame for filing a baby formula lawsuit, known as the statute of limitations, varies by state and the specifics of your case. In many states, the statute of limitations for product liability cases is typically between two and four years from the date of the injury or when the injury was discovered. It's crucial to consult with an attorney as soon as possible to ensure you file your claim within the appropriate time limit. An attorney can provide specific guidance based on your state's laws and the details of your situation.
For nearly 50 years, The Carlson Law Firm has dedicated its services to helping victims of negligent companies. Our compassionate attorneys will treat your case with the respect it deserves. Cases like these can take years to resolve and our firm has the resources to represent your family until the payout. The Carlson Law Firm team can help hold negligent and careless companies accountable.
With over a dozen locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.
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Killeen, TX 76541
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11606 N. I-35
Austin, TX 78753
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Austin, TX 78748
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Lubbock, TX 79424
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Midland, TX 79705
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Round Rock, TX 78664
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San angelo, TX 76903
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Temple TX 76504
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Waco, TX 76706
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Manhattan Beach, CA 90266
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33rd Ave N Ste 220
St. Petersburg, FL 33701
(727) 373-4655
100 E. Central Texas Expy
Killeen, TX 76541
(254) 526-5688
11606 N. I-35
Austin, TX 78753
(512) 346-5688
135 W. Slaughter Ln, Ste A
Austin, TX 78748
(512) 804-7277
6243 I-10 #550
San Antonio, TX 78201
(210) 696-8600
618 SW Military Dr.
San Antonio, TX 78221
(210) 923-7700
1109 W. Baker Road, Ste A
Baytown, TX 77521
(832) 806-6155
1121 Briarcrest Drive, Ste 200
Bryan, TX 77802
(979) 260-5688
653 Everhart Rd, Ste 105
Corpus Christi, TX 78411
(361) 336-3317
301 Junction Highway, Ste 100
Kerrville, TX 78028
(830) 257-7575
5112 McPherson, Ste 106
Laredo, TX 78041
(956) 712-2588
10101 Quaker Ave
Lubbock, TX 79424
(806) 401-0500
900 Lp 250 Frontage Rd b
Midland, TX 79705
(432) 247-6611
559 S I-35 Frontage Rd Ste 250,
Round Rock, TX 78664
(512) 671-7277
4282 S Jackson St.
San angelo, TX 76903
(325) 238-4322
2010 SW H K Dodgen Loop, Ste 201
Temple TX 76504
(254) 771-5688
2420 I-35 South
Waco, TX 76706
(254) 772-5653
2909 Garnett Ave
Wichita Falls, TX 76308
(940) 285-6333
1500 Rosecrans Ave Ste 500
Manhattan Beach, CA 90266
(254) 516-3570
333 33rd Ave N Ste 220
St. Petersburg, FL 33701
(727) 373-4655
