New York NEC Baby Formula Lawsuit

New York NEC Baby Formula Lawsuit Overview

The NEC baby formula lawsuits claim that manufacturers Enfamil and Similac failed to warn parents and healthcare providers about the increased risk of Necrotizing Enterocolitis (NEC) in premature infants who consume cow’s milk-based formula.

Over 1,200 NEC baby formula lawsuits have been filed nationwide, alleging that Abbott Laboratories and Mead Johnson knowingly sold dangerous products without adequate warnings.

The FDA has issued safety communications regarding the risks associated with feeding premature infants cow’s milk-based formula.

Latest NEC Baby Formula Lawsuit Updates

• January 15, 2025 – A $35 million settlement was reached in an individual NEC lawsuit against Abbott Laboratories in Illinois Circuit Court. The plaintiff, a mother whose premature infant developed severe intestinal complications requiring multiple surgeries, alleged that Similac caused her child’s NEC.
• November 30, 2024 – The Judicial Panel on Multidistrict Litigation consolidated 965 federal NEC baby formula lawsuits into MDL No. 3026 in the Northern District of Illinois under Judge Matthew F. Kennelly, streamlining the pretrial proceedings.
• September 18, 2024 – FDA announced enhanced warning requirements for cow’s milk-based infant formulas, mandating clear labels about NEC risks for premature infants following a comprehensive review of scientific evidence.
• July 2, 2024 – Mead Johnson (Enfamil) filed a motion to dismiss several key claims in the MDL, arguing insufficient scientific evidence linking their formula to NEC. The motion was denied by the court, allowing cases to proceed to discovery.
• March 15, 2024 – Scientific study published in the Journal of Pediatrics reported that premature infants fed cow’s milk-based formula had a 362% higher risk of developing NEC compared to those fed an exclusive human milk diet.

FDA Reports and Statistics

According to the FDA’s MAUDE database, there have been 8,750 adverse event reports related to infant formula products between 2015 and 2024. Of these:

• 3,248 reports specifically mentioned NEC or symptoms consistent with NEC
• 752 reports resulted in hospitalization
• 189 reports resulted in infant deaths potentially linked to NEC

The FDA issued a safety communication in 2023 advising healthcare providers to discuss the risks of cow’s milk-based formula with parents of premature infants.

NEC Baby Formula Injuries & Side Effects

Necrotizing Enterocolitis (NEC) is a devastating gastrointestinal disease primarily affecting premature infants that can cause tissue death in the intestines and lead to serious complications or death.

• Intestinal Perforation: Holes in the intestinal wall requiring emergency surgery
• Sepsis: Life-threatening systemic infection that can lead to organ failure
• Short Bowel Syndrome: Reduced ability to absorb nutrients due to intestinal damage
• Developmental Delays: Cognitive and physical impairments resulting from NEC
• Infant Death: Fatal cases occur in 15-30% of infants diagnosed with NEC

Do You Qualify for a NEC Baby Formula Lawsuit?

You may qualify for a NEC baby formula lawsuit if:

• Your premature infant was fed Similac or Enfamil formula between 2000 and 2025
• Your infant was diagnosed with Necrotizing Enterocolitis (NEC)
• The NEC diagnosis occurred while in the NICU or shortly after discharge
• Your infant required medical treatment, surgery, or suffered lasting complications
• You can provide medical documentation linking the formula to the NEC diagnosis

Evidence Required for a NEC Baby Formula Lawsuit

To build a strong case, your baby formula lawyer will need:

• Medical records confirming your infant’s premature birth
• Documentation showing your infant was fed Similac or Enfamil
• Hospital records documenting the NEC diagnosis and treatment
• Proof of ongoing medical care related to NEC complications
• Expert medical opinions linking the formula to your infant’s NEC

Damages You Can Recover

Compensation in NEC baby formula lawsuits may include:

• Past and future medical expenses for your infant’s care
• Rehabilitation and specialized therapy costs
• Lost wages for time spent caring for your injured infant
• Pain and suffering for both the infant and family
• Funeral expenses and wrongful death damages in fatal cases
• Punitive damages against manufacturers for negligence in failing to warn about risks

NEC Baby Formula Recall Information

While no comprehensive recall has been issued specifically for NEC risks, Abbott Laboratories issued a recall in February 2022 for select lots of Similac, EleCare, and Alimentum formulas due to bacterial contamination at their Michigan facility.

This recall was not directly related to NEC concerns but highlighted quality control issues at major formula manufacturers.

Statute of Limitations for NEC Baby Formula Lawsuits

The time limit to file a NEC baby formula lawsuit varies by state, typically ranging from 1-3 years from the date of injury or discovery.

In cases involving infants, many states toll (pause) the statute of limitations until the child reaches the age of majority.

However, parents should not delay seeking legal consultation as evidence preservation is crucial to building a strong case.

New York Statute of Limitations for NEC Lawsuits

In New York, the statute of limitations for product liability claims is generally three years from the date of injury.

For cases involving infants, this period may be tolled until the child turns 18.However, parents should act promptly to ensure critical evidence is preserved.

Related Articles:

• North Carolina Baby Formula Lawsuit
• New Hampshire NEC Baby Formula Lawsuit

See all related food poisoning lawsuits our attorneys covered so far.

FAQs

1. What is the connection between cow’s milk-based formula and NEC?

Scientific studies have shown that premature infants fed cow’s milk-based formulas like Similac and Enfamil have up to 10 times higher risk of developing NEC compared to those fed human breast milk. The proteins in cow’s milk can trigger inflammatory responses in the underdeveloped intestines of premature infants.

2. How much compensation can I receive from a NEC baby formula lawsuit?

Compensation varies based on factors including severity of injuries, long-term complications, and medical expenses. Recent settlements have ranged from $250,000 to over $5 million. Your baby formula lawyer will evaluate your specific circumstances to determine potential compensation.

3. Can I still file a lawsuit if my child’s NEC diagnosis was several years ago?

Possibly. While statutes of limitations vary by state, many jurisdictions extend deadlines for injuries to minors. Additionally, the “discovery rule” may apply if you only recently learned about the connection between formula and NEC. Consult with a specialized baby formula lawyer immediately.

4. Are Similac and Enfamil still being sold despite the lawsuits?

Yes, these products remain on the market. The lawsuits primarily focus on the manufacturers’ failure to warn about NEC risks in premature infants, not on removing the products entirely. The FDA now requires additional warnings, but the formulas are still available.

5. How long does a NEC baby formula lawsuit typically take?

Most NEC lawsuits take between 1-3 years to resolve. Cases that settle out of court may conclude more quickly, while those going to trial typically take longer. The MDL process may expedite certain aspects of the litigation by consolidating pretrial proceedings.

6. What evidence shows the manufacturers knew about NEC risks?

Internal documents revealed during litigation show that both Abbott Laboratories and Mead Johnson were aware of studies linking cow’s milk-based formula to increased NEC risk in premature infants as early as 1990. Despite this knowledge, they failed to provide adequate warnings to parents and healthcare providers.

7. Who can file a NEC baby formula lawsuit?

Parents or legal guardians can file on behalf of infants who developed NEC after consuming Similac or Enfamil. In cases of infant death, the family or estate representative may file a wrongful death claim. Your relationship to the affected infant will be evaluated by your baby formula lawyer.

8. Is this a class action or individual lawsuit?

While the federal cases have been consolidated into an MDL for pretrial proceedings, each case remains an individual lawsuit with its own unique damages and circumstances. This approach allows for more personalized compensation based on each infant’s specific injuries and outcomes.

Get A Free New York NEC Baby Formula Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for NEC baby formula cases. With statutes of limitations as short as one year in some states, it’s crucial to contact an experienced baby formula lawyer immediately. Delaying could permanently forfeit your right to compensation.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or attorney fees
• Payment only if we win your case
• Extensive experience in infant formula litigation
• Dedicated support throughout the entire legal process

Our specialized team understands the devastating impact NEC has had on your family and will fight tirelessly to hold negligent formula manufacturers accountable.