Vermont NEC Baby Formula Lawsuit Attorney

Vermont NEC Baby Formula Lawsuit Overview

Premature infants fed cow’s milk-based formulas like Enfamil and Similac have a significantly higher risk of developing necrotizing enterocolitis (NEC), a serious intestinal disease.

Lawsuits against manufacturers Abbott Laboratories and Mead Johnson allege failure to warn about these risks despite decades of scientific evidence.

Hundreds of NEC baby formula lawsuits have been filed nationwide, with new cases being added regularly as families seek justice for devastating injuries and infant deaths.

Latest NEC Baby Formula Lawsuit Updates

• March 8, 2025 – The Judicial Panel on Multidistrict Litigation has consolidated over 900 NEC baby formula lawsuits into an MDL in the Northern District of Illinois under Judge Rebecca R. Pallmeyer. The court has scheduled the first bellwether trials to begin in early 2026.
• January 15, 2025 – Abbott Laboratories filed a motion to dismiss several key claims in the MDL, but Judge Pallmeyer denied most aspects of the motion, allowing the majority of plaintiffs’ claims to proceed to discovery.
• November 12, 2024 – A comprehensive scientific study published in the Journal of Pediatrics confirmed that premature infants fed cow’s milk-based formulas have a 10x higher risk of developing NEC compared to those fed with human milk. This study is now being cited in ongoing litigation.
• September 30, 2024 – The first settlement in an individual NEC case was reached for an undisclosed amount in Vermont Superior Court. While this doesn’t establish a precedent for the MDL, it suggests manufacturers may be willing to resolve some cases before trial.

FDA Reports and Statistics

According to FDA MAUDE database reports:

• Over 1,200 adverse events related to infant formula have been reported in the last five years
• Approximately 650 cases specifically mention necrotizing enterocolitis (NEC)
• NEC has a mortality rate of 15-40% among affected premature infants
• The FDA has issued safety communications regarding the higher risk of NEC in premature infants fed cow’s milk-based formula but has not mandated warnings on product labels

NEC Injuries & Side Effects

Necrotizing enterocolitis (NEC) is a devastating intestinal disease primarily affecting premature infants that can lead to serious complications or death.

• Intestinal Perforation: Holes in the intestinal wall allowing bacteria to leak into the abdomen
• Sepsis: Life-threatening systemic infection
• Short Bowel Syndrome: Permanent intestinal damage requiring lifelong medical care
• Developmental Delays: Neurological and physical growth challenges
• Death: Fatal cases occur in 15-40% of infants who develop 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 products in a NICU setting
• Your baby subsequently developed necrotizing enterocolitis (NEC)
• The NEC diagnosis required surgical intervention, extended hospitalization, or resulted in death
• The feeding occurred within the applicable statute of limitations for your state

Evidence Required for a NEC Baby Formula Lawsuit

To build a strong NEC baby formula lawsuit case, you should gather:

• Medical records confirming your baby’s premature birth and NICU stay
• Documentation showing Similac or Enfamil was provided to your baby
• Medical diagnosis of NEC and related treatment records
• Ongoing medical documentation of lasting complications

Damages You Can Recover

NEC baby formula lawsuits may seek compensation for:

• Medical expenses (past and future care)
• Pain and suffering of the infant
• Loss of quality and enjoyment of life
• Parental emotional distress
• Wrongful death damages (in fatal cases)
• Punitive damages against the manufacturers

Product Liability Law in NEC Baby Formula Cases

NEC baby formula lawsuits fall under product liability law, which holds manufacturers responsible for injuries caused by defective products. These cases typically allege:

• Failure to warn about known NEC risks in premature infants
• Defective design of infant formula products
• Negligent marketing directly to parents of premature infants
• Breach of implied warranty of safety

Manufacturers have a legal duty to warn healthcare providers and parents about all known risks associated with their products, especially when used with vulnerable populations like premature infants.

Statute of Limitations for NEC Baby Formula Lawsuits

The deadline to file an NEC baby formula lawsuit varies by state:

• Vermont: 3 years from discovery of the injury
• Massachusetts: 3 years from date of injury or discovery
• New York: 3 years from date of injury
• Connecticut: 2 years from injury date

In cases involving infants, many states allow the statute of limitations to be tolled (paused) until the child reaches the age of majority. Consult with an attorney immediately to determine the specific deadlines that apply to your case.

Enfamil NEC Lawsuits

Mead Johnson, the manufacturer of Enfamil, faces mounting litigation over its premature infant formula products.

Despite scientific evidence dating back to the 1990s linking cow’s milk-based formula to NEC in premature infants, Mead Johnson continued to market these products without adequate warnings.

Enfamil products named in lawsuits include Enfamil Premature, Enfamil Human Milk Fortifier, and Enfamil NeuroPro EnfaCare.

Similac NEC Lawsuits

Abbott Laboratories, manufacturer of Similac products, is facing hundreds of lawsuits alleging their premature infant formulas cause NEC.

Products specifically named in litigation include Similac Special Care, Similac Human Milk Fortifier, and Similac NeoSure.

Internal documents revealed during discovery suggest Abbott was aware of the increased NEC risk but prioritized profits over adding stronger warnings to their products.

Related Articles:

• Tennessee NEC Baby Formula Lawsuit
• Texas NEC Baby Formula Lawsuit
• Utah NEC Baby Formula Lawsuit

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

FAQs

1. What Is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis is a serious gastrointestinal disease primarily affecting premature infants. It causes inflammation and infection that can lead to tissue death in portions of the intestine. NEC can develop rapidly and has mortality rates between 15-40%, with survivors often facing lifelong complications.

2. How Do I Know If My Baby Received Cow’s Milk Formula in the NICU?

Review your baby’s medical records, which should document all nutrition sources. Ask for the NICU feeding logs that detail exactly what your baby was fed. Your neonatologist or NICU nurses can also provide this information. Many NICUs use Similac or Enfamil products as standard protocol for premature infants.

3. What Compensation Can I Expect From a NEC Baby Formula Lawsuit?

Compensation varies based on injury severity, long-term complications, and economic impacts. Cases involving permanent injury or death typically see higher settlements. While each case is unique, similar product liability cases involving infant injuries have resulted in settlements ranging from $250,000 to several million dollars.

4. Is There a NEC Baby Formula Class Action Lawsuit?

Rather than a class action, NEC formula cases have been consolidated into multidistrict litigation (MDL) in the Northern District of Illinois. This allows each family to maintain their individual lawsuit while streamlining pretrial proceedings. Each case remains separate for settlement purposes, with compensation based on your specific circumstances.

5. How Long Will a NEC Baby Formula Lawsuit Take?

Most NEC lawsuits are expected to take 1-3 years to resolve. Bellwether trials are scheduled to begin in 2026, which may establish settlement frameworks for remaining cases. Individual cases with particularly severe injuries may settle sooner, while more complex cases could take longer to resolve.

6. Can I File a Lawsuit If My Baby Survived NEC?

Yes, you can pursue a lawsuit if your baby survived NEC but experienced complications, surgeries, or ongoing health issues. Survivors often require extensive medical care, specialized treatments, and may suffer lifelong complications that warrant compensation.

7. Who Is Eligible for a Baby Formula Lawyer?

Families of premature infants who developed NEC after being fed Similac or Enfamil products in a hospital setting are eligible for legal representation. This includes both fatal cases and survivors with complications. A baby formula lawyer can evaluate your specific situation during a free consultation.

8. What Is the Cost of Hiring a NEC Baby Formula Lawyer?

Most baby formula lawyers work on a contingency fee basis, meaning you pay nothing upfront. Attorney fees are only collected if your case results in compensation through settlement or verdict. Typically, the fee is a percentage of the recovery, often between 33-40%.

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

Time is limited to pursue legal action for NEC baby formula injuries. Most states only allow 2-3 years from discovery of the injury to file a claim, and this timeframe may be affected by your child’s age and other factors.

Our experienced baby formula lawyers offer:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case
• Nationwide representation with specific expertise in Vermont cases

Don’t delay seeking justice for your child. Contact Schmidt & Clark, LLP today to understand your legal options and begin the process of holding formula manufacturers accountable.