Baby Formula Lawsuit | 2025 Latest Updates

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C.L. Mike Schmidt Published by C.L. Mike Schmidt
Free Confidential Baby Formula Lawsuit Review
If you or a loved one experienced necrotizing enterocolitis (NEC) in a premature infant following the use of cow milk-based formulas like Enfamil or Similac, you may be entitled to pursue compensation.

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Baby Formula Lawsuit Overview

Numerous baby formula manufacturers, primarily Mead Johnson (maker of Enfamil) and Abbott Laboratories (maker of Similac), face lawsuits alleging that their cow’s milk-based formulas increase the risk of necrotizing enterocolitis (NEC) in premature infants. NEC is a severe gastrointestinal condition that can cause intestinal tissue death, leading to complications like short bowel syndrome or death. Lawsuits claim that the manufacturers failed to adequately warn parents and healthcare providers about the heightened NEC risk compared to human milk alternatives, despite scientific evidence dating back to the 1990s.

As of April 2025, 683 NEC baby formula lawsuits are pending in multidistrict litigation (MDL 3026) in the U.S. District Court for the Northern District of Illinois, presided over by Judge Rebecca R. Pallmeyer. Significant verdicts include a $60 million award in Illinois (March 2024) and a $495 million award in Missouri (July 2024), though a St. Louis trial in October 2024 ruled in favor of Abbott and Mead Johnson.

Latest Baby Formula Lawsuit Updates

April 11, 2025

– According to Drugwatch, Mead Johnson faces lawsuits alleging its Enfamil baby formulas caused NEC in premature infants, with claimants seeking damages for medical costs, suffering, and wrongful death [1].

April 1, 2025 – The Lawsuit Information Center reports that parents are suing formula makers like Mead Johnson and Abbott Laboratories, claiming that cow’s milk-based products increased the risk of NEC in premature infants.

March 15, 2025 – Reuters recently reported that Reckitt, maker of Enfamil, was granted a new trial in an NEC-related lawsuit after contesting a $60 million verdict, highlighting ongoing disputes over liability in NEC baby formula cases.

FDA Reports and Statistics

Scientific evidence supports claims that cow’s milk-based formulas, such as Similac (Abbott Laboratories) and Enfamil (Mead Johnson), increase the risk of necrotizing enterocolitis (NEC) in preterm infants compared to human milk. A 1990 Lancet study found formula-fed preterm infants were 6–10 times more likely to develop NEC than breastfed infants, with a 2010 Journal of Pediatrics study reporting a 77% reduction in NEC risk for those fed exclusively human milk. NEC, a severe gastrointestinal condition with a 20–50% mortality rate, affects 5–12% of very-low-birth-weight infants and can lead to complications like short bowel syndrome, sepsis, or death. Limited data specifically highlights NEC severity in African American infants, though preterm infants overall face higher risks due to underdeveloped digestive systems.

The U.S. Food and Drug Administration (FDA) has not issued specific adverse event reports or safety communications linking Similac or Enfamil to NEC in its Adverse Event Reporting System (FAERS), but a 2022 recall of Similac products addressed bacterial contamination (Cronobacter and Salmonella) unrelated to NEC. Lawsuits, consolidated in MDL 3026 in Illinois with 683 cases as of April 2025, allege manufacturers failed to warn about NEC risks, impacting the food and pharmaceutical industries. Verdicts include $60 million (Illinois, March 2024) and $495 million (Missouri, July 2024) against manufacturers, reflecting significant legal and financial consequences.

Baby Formula Injuries & Side Effects

Necrotizing enterocolitis (NEC) is a devastating condition that affects premature infants, causing severe inflammation and damage to their intestines. Babies who consume cow milk-based formulas like Enfamil and Similac may experience several serious complications:

  • Intestinal Inflammation: Severe swelling and damage to intestinal tissue
  • Intestinal Perforation: Holes in the intestine that can lead to bacteria leaking into the abdomen
  • Short Bowel Syndrome: A permanent condition affecting nutrient absorption
  • Bacterial Infection: Severe infections that can lead to sepsis
  • Death: In severe cases, NEC can be fatal

Do You Qualify for a Baby Formula Lawsuit?

You may qualify for a baby formula lawsuit if:

  • Your premature infant was fed Enfamil or Similac cow milk-based formula
  • Your child subsequently developed necrotizing enterocolitis (NEC)
  • The NEC diagnosis required medical treatment, surgery, or resulted in death
  • You can provide medical documentation linking the formula to the development of NEC

Evidence Required for a Baby Formula Lawsuit

To support a successful NEC baby formula lawsuit, you will need to provide:

  • Medical records showing a diagnosis of NEC
  • Proof of purchase or use of the implicated baby formula (Enfamil or Similac)
  • Documentation showing your child was premature at birth
  • Hospital records detailing treatments and procedures related to NEC

Damages You Can Recover

If your case is successful, you may be eligible to recover compensation for:

  • Medical expenses for NEC treatment
  • Long-term care costs for ongoing health issues
  • Pain and suffering endured by your child
  • Emotional distress experienced by parents
  • Funeral expenses in cases of infant death
  • Punitive damages against negligent manufacturers

Baby Formula Recall Information

While specific recall information for NEC-related issues is not provided in the original content, it’s important to note that Abbott and Mead Johnson, the companies behind Similac and Enfamil respectively, face product liability lawsuits for their infant formulas. The litigation’s outcome could have significant implications for the future of infant nutrition and how we safeguard the health of our most vulnerable babies.

Statute of Limitations for Baby Formula Lawsuits

The statute of limitations for NEC baby formula lawsuits in Washington varies and is determined by the state where the harm occurred. The timeframe could be impacted by:

  • The date of the NEC diagnosis
  • Specific state laws regarding product liability claims
  • Any defenses raised by the defendant

Failure to file a claim before the deadline will render you ineligible to pursue a lawsuit against baby formula manufacturers. It’s essential to consult with a baby formula lawyer as soon as possible to understand the specific statute of limitations for your case and ensure your claim is filed within the required timeframe.

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FAQs

1. What evidence is required to support a NEC baby formula lawsuit?

Evidence includes medical records showing a diagnosis of NEC, proof of purchase or use of the implicated baby formula, expert medical testimony linking the formula to the condition, and documentation of related expenses.

2. What compensation can be sought in a Washington NEC baby formula lawsuit?

Compensation can include medical expenses, long-term care costs, pain and suffering, emotional distress, and potentially punitive damages if negligence is proven.

3. What are the legal grounds for filing a NEC baby formula lawsuit?

Legal grounds may include product liability, negligence, failure to warn, and breach of warranty.

4. How do I know if my baby’s formula is included in the lawsuit?

The lawsuits primarily involve cow milk-based formulas manufactured by Abbott (Similac) and Mead Johnson (Enfamil) that were fed to premature infants who subsequently developed NEC.

5. How much does it cost to hire a baby formula lawyer?

Most baby formula lawyers, including those at Schmidt & Clark, LLP, work on a contingency fee basis, meaning you pay nothing upfront and fees are only collected if your case is successful.

6. How long does a baby formula lawsuit typically take?

The timeline varies significantly based on case complexity, but NEC lawsuits can take anywhere from one to several years to resolve, especially in mass tort litigation.

7. Can I file a lawsuit if my child recovered from NEC?

Yes, you may still qualify for a lawsuit even if your child recovered, as you may be entitled to compensation for medical expenses, pain and suffering, and other damages.

8. How do I prove the baby formula caused my child’s NEC?

Expert medical testimony is typically required to establish the causal link between the formula and NEC, along with medical records documenting the timeline of formula feeding and subsequent diagnosis.

9. What makes a strong NEC baby formula case?

Strong cases typically involve premature infants who were fed specific cow milk-based formulas, developed NEC shortly after, have clear medical documentation, and can demonstrate manufacturer negligence.

10. Should I join a class action or file an individual lawsuit?

This decision depends on your specific circumstances. Individual lawsuits may be appropriate for severe cases, while joining the MDL might be beneficial for streamlining the legal process. Consult with a specialized attorney to determine the best approach.

Time is limited to pursue legal action for NEC baby formula cases. The statute of limitations varies by state, giving you only a specific timeframe from the date of injury to file your claim. Delaying could jeopardize your right to compensation.

At Schmidt & Clark, LLP, we offer:

  • Free, confidential consultations to evaluate your case
  • No upfront costs or fees for our legal services
  • Payment only if we win your case through a successful verdict or settlement

Get Your Free Consultation From Baby Formula Lawyers

Navigating the intricate and often daunting world of NEC baby formula lawsuits can be challenging, but with the right guidance and resources, it becomes a journey you don’t have to embark on alone.

At Schmidt & Clark, LLP we emphasize the importance of timely action and consulting with our experienced baby formula lawyers to compile the essential information for a robust case.

Taking these proactive steps with us can be pivotal in holding baby formula manufacturers responsible for any harm caused by their products.

Our commitment is to work tirelessly on your behalf, aiming to secure justice for your child and contribute to creating a safer environment for all infants and their families in the future.

Reference:

[1] https://www.lawsuit-information-center.com/nec-baby-formula-lawsuits.html 

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