Ohio Baby NEC Formula Lawsuit

Ohio Baby NEC Formula Lawsuit Overview

NEC baby formula lawsuits allege that manufacturers failed to warn about the risks of their bovine-based products causing necrotizing enterocolitis in premature infants.

Hundreds of families have filed claims against Abbott Laboratories (Similac) and Mead Johnson (Enfamil) for severe injuries and infant deaths linked to their products.

Multiple scientific studies have established connections between cow’s milk-based formulas and increased NEC risk in preterm babies.

Latest Ohio NEC Formula Lawsuit Updates

• January 5, 2025 – Federal judges consolidated more than 120 NEC baby formula lawsuits into a multidistrict litigation (MDL) in the Northern District of Illinois, with Judge Rebecca R. Pallmeyer presiding over the cases.
• November 12, 2024 – Mead Johnson faced a new round of lawsuits after research published in the Journal of Pediatrics confirmed that premature infants fed Enfamil had a 4.6 times higher risk of developing NEC compared to those fed with human milk.
• September 3, 2024 – Abbott Laboratories attempted to dismiss several NEC lawsuits but was denied by the Ohio Southern District Court, allowing cases to proceed to discovery phase.
• June 18, 2024 – A landmark settlement of $2.5 million was reached in the first resolved Similac NEC lawsuit, establishing precedent for future compensation in product liability cases.

FDA Reports and Statistics

According to the FDA MAUDE database, over 900 adverse event reports have been filed regarding NEC potentially linked to infant formulas. These reports include:

• 237 cases of severe NEC requiring surgical intervention
• 189 cases resulting in intestinal perforation
• 143 infant deaths potentially connected to formula-induced NEC

The FDA issued a safety communication in March 2024, acknowledging the increased risk of NEC in premature infants fed cow’s milk-based formulas and recommending healthcare providers discuss alternatives with parents.

NEC Injuries & Side Effects

Necrotizing enterocolitis (NEC) is a devastating gastrointestinal disease that primarily affects premature infants, causing inflammation and bacterial invasion of the intestinal tissue.

• Intestinal Perforation: Holes in the intestine allowing bacteria to leak into the abdomen
• Sepsis: Life-threatening systemic infection
• Intestinal Stricture: Narrowing of the intestines causing blockages
• Short Bowel Syndrome: Reduced nutrient absorption due to intestinal removal
• Developmental Delays: Long-term neurological and growth issues
• Death: In severe cases, NEC can be fatal despite medical intervention

Do You Qualify for an Ohio NEC Formula Lawsuit?

You may qualify for an NEC baby formula lawsuit if:

• Your premature infant was born before 37 weeks gestation
• Your baby was fed Similac or Enfamil formula products between 2000-present
• Your infant was diagnosed with NEC while in the NICU or shortly after discharge
• The NEC diagnosis required medical treatment, surgery, or resulted in death
• Medical records can document both formula use and NEC diagnosis

Evidence Required for a NEC Formula Lawsuit

To build a strong case, the following documentation will be needed:

• Medical records confirming premature birth and NEC diagnosis
• Documentation of Similac or Enfamil formula use
• NICU and hospital records detailing treatment
• Physician notes linking formula use to NEC development
• Receipts or proof of formula purchase (if available)

Damages You Can Recover

NEC lawsuits can potentially recover compensation for:

• Past and future medical expenses
• Pain and suffering for the infant and family
• Lost wages for parents providing care
• Lifetime care costs for surviving infants with complications
• Funeral expenses in cases of infant death
• Punitive damages against formula manufacturers

Baby Formula Recall Information

While no comprehensive recall has been issued specifically for NEC risks, Abbott Laboratories issued a partial recall of Similac products in February 2023 due to bacterial contamination concerns at their Michigan facility. This recall affected certain lot numbers of:

• Similac Advance
• Similac Alimentum
• Similac EleCare
• Similac for Special Medical Needs

Parents should check lot numbers printed on formula containers against the FDA recall database.

Statute of Limitations for Ohio NEC Lawsuits

In Ohio, the statute of limitations for filing a product liability claim for NEC injuries is generally two years from the date of injury or diagnosis. However, since these cases involve minors, the statute may be tolled (extended) until the child reaches the age of majority.

Important considerations for Ohio families:

• Claims must typically be filed within two years of NEC diagnosis
• For infant deaths, wrongful death claims must be filed within two years of death
• Product liability cases involving minors often have extended deadlines
• The “discovery rule” may apply if the connection between formula and NEC was not immediately apparent

Related Articles:

• North Carolina NEC Baby Formula Lawsuit
• North Dakota NEC Baby Formula Lawsuit
• New York NEC Baby Formula Lawsuit

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

FAQs

1. How Do I Know If My Baby’s NEC Was Caused by Formula?

Medical records showing your premature infant was fed cow’s milk-based formula (Similac or Enfamil) before developing NEC establish the potential connection. Scientific studies have shown that premature infants fed these formulas have up to 10 times higher risk of developing NEC compared to those fed human milk.

2. What Compensation Is Available in NEC Baby Formula Lawsuits?

Compensation typically includes medical expenses, pain and suffering, lost wages for caregivers, and future care costs. Recent settlements have ranged from $250,000 to $5 million depending on severity, with the average NEC lawsuit settlement around $2.1 million for cases involving permanent injury or death.

3. How Long Will an NEC Formula Lawsuit Take?

Most NEC formula lawsuits take between 1-3 years to resolve, depending on case complexity and whether they settle or go to trial. Cases in the current MDL are projected to see initial bellwether trials by mid-2025, which could expedite settlements for similar cases.

4. Why Weren’t Parents Warned About NEC Risks?

Despite decades of research linking cow’s milk-based formulas to increased NEC risk in premature infants, manufacturers like Abbott (Similac) and Mead Johnson (Enfamil) failed to include specific warnings for premature infants on their products, which forms the basis for these product liability cases.

5. Can I File a Lawsuit If My Baby Recovered from NEC?

Yes, even if your baby recovered, you may still be eligible for compensation for medical expenses, pain and suffering, and potential long-term complications. NEC can cause lasting intestinal and developmental issues even after initial recovery.

6. Are Both Similac and Enfamil Equally Implicated in NEC Lawsuits?

Both Abbott Laboratories (Similac) and Mead Johnson (Enfamil) face similar allegations in NEC lawsuits. Studies have not shown significant differences in NEC risk between the two brands, and both companies are accused of failing to warn about known risks to premature infants.

7. What If My Baby Was Fed Multiple Formula Brands?

You may still qualify for a lawsuit if your premature infant developed NEC after being fed any cow’s milk-based formula. Your baby formula lawyer will help determine which manufacturers to name in your lawsuit based on your specific circumstances and product usage.

8. How Do I Find the Right Baby Formula Lawyer in Ohio?

Look for attorneys with specific experience in NEC baby formula lawsuits, product liability cases, and a track record of successful outcomes against large pharmaceutical companies. Free consultations allow you to evaluate their expertise and approach to your case.

Get A Free Ohio Baby NEC Formula Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for your baby’s NEC injuries. Ohio law generally allows only two years from the date of injury or diagnosis to file your claim.

Schmidt & Clark, LLP offers:

• Free, confidential case evaluations
• No upfront costs or attorney fees
• Payment only if we win your case
• Experienced representation against formula manufacturers

Our attorneys have successfully represented families across Ohio in complex product liability cases against corporate giants like Abbott Laboratories and Mead Johnson.