Similac Baby Formula Lawsuit | 2025 Latest Updates

If you or a loved one’s premature infant developed necrotizing enterocolitis (NEC) after being fed Similac formula, you may be entitled to pursue compensation.

At Schmidt & Clark, we are dedicated to helping families who have suffered due to these dangerous cow’s milk-based formulas.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.

Similac Baby Formula Lawsuit Overview

The Similac baby formula lawsuits allege that Abbott Laboratories failed to warn healthcare providers and parents that their cow’s milk-based formula products significantly increase the risk of necrotizing enterocolitis (NEC) in premature infants.

Hundreds of cases have been filed nationwide by parents whose premature babies developed this potentially fatal intestinal condition after consuming Similac products.

These lawsuits follow multiple recalls, FDA warnings, and scientific research linking cow’s milk-based formulas to increased NEC risk in preterm infants.

Latest Similac Lawsuit Updates

March 2024 – An Illinois jury ordered Mead Johnson, maker of Enfamil (similar to Similac), to pay $60 million to the mother of a premature baby who died of NEC after being fed cow’s milk-based formula.

This verdict marks the first trial among hundreds of lawsuits against both Mead Johnson and Abbott Laboratories, setting a potential precedent for Similac cases [1].

January 2023 – A new lawsuit was filed against Abbott Laboratories by Shelbi Singh on behalf of herself and her deceased child, Granville Singh, in the Southern District of Indiana.

The complaint alleges that Similac formula caused the “catastrophic and preventable death” of her premature newborn due to NEC complications [2].

February 2022 – The CDC announced that Abbott Laboratories’ Similac Human Milk Fortifier PM 60/40 baby formula has been linked to a second infant death. The product was produced at Abbott’s Sturgis, Michigan facility, where four cases of Cronobacter sakazakii and one case of Salmonella had been reported [3].

January 2022 – FDA investigation revealed unsanitary conditions and numerous violations at Abbott’s Sturgis facility, leading to an emergency shutdown and a subsequent recall of Similac and other formulas.

May 2021 – Parents Alicia Restad and Daniel Renteria-Hernandez filed a wrongful death lawsuit against the makers of Similac, alleging the infant formula caused NEC, which led to the death of their child, Daniel Renteria-Hernandez.

The companies who manufacture these products often intentionally mislabel and misrepresent the contents of the products both to the public at-large and to the health care community, passing off these deadly products as something similar to or even superior to human breast milk. – Shelbi Singh, Victim, said in a complaint

FDA Reports and Statistics

The FDA does not approve infant formulas before they can be marketed, but all formulas sold in the United States must meet federal nutrient requirements, and manufacturers must notify the FDA before marketing a new formula [4].

Recent FDA investigations and actions regarding Similac include:

• February 2022: FDA investigation into Abbott’s Sturgis facility revealed unsanitary conditions and numerous violations.
• February 2021: A whistleblower complaint was filed with OSHA by a former Abbott employee raising concerns about the Sturgis facility and alleging that records related to the Similac recall were falsified.
• June 2022: The Sturgis facility was allowed to resume operations after meeting strict conditions outlined in a consent decree with the FDA.

Similac Injuries & Side Effects

Premature infants fed Similac cow’s milk-based formulas face an increased risk of developing serious and potentially life-threatening conditions, with necrotizing enterocolitis (NEC) being the most severe complication.

• Necrotizing Enterocolitis (NEC): A serious gastrointestinal condition that causes intestinal tissue to die, potentially creating holes in the intestine that allow bacteria to leak into the abdomen or bloodstream.
• Intestinal Perforation: Severe cases of NEC can lead to holes forming in the intestines, requiring emergency surgery.
• Sepsis: Research shows that for every 10% increase in formula consumption, the risk of sepsis rises by 18%.
• Long-term Intestinal Problems: Survivors may experience lifelong digestive issues, short bowel syndrome, and nutritional challenges.
• Death: In severe cases, NEC can be fatal, especially in premature and low birth weight infants.

Early Signs of NEC Include:

• Abdominal bloating and tenderness
• Feeding intolerance
• Bloody stools
• Vomiting
• Lethargy
• Temperature instability
• Apnea (pauses in breathing)
• Low blood pressure

Do You Qualify for a Similac Lawsuit?

You may qualify for a Similac baby formula lawsuit if:

• Your premature infant was fed Similac formula products in a hospital or NICU
• Your baby subsequently developed necrotizing enterocolitis (NEC)
• The NEC diagnosis required medical treatment, surgery, or resulted in death
• You can provide medical documentation linking the use of Similac to your baby’s NEC diagnosis

Evidence Required for a Similac Lawsuit

To file baby formula lawsuits, you will need to gather the following evidence:

• Medical records confirming your baby’s premature birth
• Documentation showing your baby was fed Similac formula
• Medical diagnosis of NEC and related treatments
• Records of hospitalizations, surgeries, and ongoing care related to NEC
• If applicable, death certificate listing NEC as a cause or contributing factor

Damages You Can Recover

Families affected by Similac-related NEC may be eligible to recover compensation for:

• Medical Expenses: Past, current, and future medical costs related to NEC treatment
• Pain and Suffering: Physical pain and emotional trauma experienced by your child and family
• Lost Wages: Income lost while caring for your child’s NEC-related health issues
• Wrongful Death: Compensation for families who lost a child due to NEC complications
• Punitive Damages: Additional compensation in cases where manufacturers showed gross negligence

Similac Lawsuit Settlement Information

The Similac litigation is still in its early stages, with none of the baby formula lawsuits having yet been settled or gone to trial. However, our attorneys can make informed predictions based on similar cases.

Recent medical malpractice lawsuits involving NEC in premature infants have resulted in an average settlement of approximately $3.5 million, with a median compensation of about $1.3 million.

Our lawyers believe the potential trial value in Similac cases could be significantly higher given that Abbott – a large corporation profiting substantially from these products – may be viewed less sympathetically than healthcare providers in medical malpractice cases.

While individual trial values may be high, settlement awards in class action lawsuits are typically lower. With this in mind, our attorneys predict an average settlement value in the range of $300,000 to $800,000, with the specific amount depending on the severity of the baby’s injuries.

The $60 million verdict includes compensation for plaintiff Jasmine Watson’s loss and grief, and for the pain and suffering of her baby, Chance Dean. This verdict confirms what Mead Johnson has known for years: cow’s-milk based baby formula causes NEC in preterm infants, often with fatal consequences,” – Ben Whiting, a lawyer for Watson, said in a statement.

Similac Recall Information

In February 2022, Abbott Laboratories issued a recall for several Similac powder formulas manufactured at their Sturgis, Michigan facility after reports of Cronobacter sakazakii and Salmonella infections in infants who had consumed these products.

The recall affected:

• Similac powder formulas
• Alimentum powder formulas
• EleCare powder formulas
• Similac Human Milk Fortifier PM 60/40

Affected products can be identified by the lot code on the bottom of the container. Products with codes where the first two digits are 22 through 37, container code contains K8, SH, or Z2, and expiration date of 4-1-2022 (APR 2022) or later were included in the recall.

Statute of Limitations for Similac Lawsuits

The time limit to file a Similac lawsuit, known as the statute of limitations, varies by state. These time limits typically range from 1-6 years from the date of injury or from when you reasonably discovered the connection between Similac and your child’s NEC.

It’s essential to consult with a qualified attorney promptly to ensure your claim is filed within the legal timeframe to preserve your rights. Waiting too long could permanently bar your ability to seek compensation.

FAQs

1. What is necrotizing enterocolitis (NEC)?

NEC is a serious gastrointestinal condition that primarily affects premature infants. It causes intestinal tissue inflammation and death, potentially creating holes in the intestine that allow bacteria to leak into the abdomen or bloodstream. NEC typically develops within 2 to 6 weeks after birth and can range from mild to life-threatening.

2. How does Similac formula increase the risk of NEC?

Studies have shown that cow’s milk-based formulas like Similac are significantly harder for premature infants to digest compared to human breast milk. This difficulty in digestion can lead to intestinal inflammation and damage, substantially increasing the risk of developing NEC in premature babies.

3. What Similac products are involved in the lawsuits?

The lawsuits primarily involve cow’s milk-based formula products used for premature infants, including Similac Special Care, NeoSure, and Human Milk Fortifier. These products are specifically marketed for use in premature or low birth weight infants but have been linked to increased NEC risk.

4. Can I join a class action lawsuit if my child was affected by Similac?

Yes, parents of children affected by Similac may join a class action lawsuit if one is available. Class action lawsuits allow multiple plaintiffs to combine their cases, providing a more decisive collective legal action against the manufacturer.

5. How long do I have to file a Similac lawsuit?

The statute of limitations varies by state, typically ranging from 1-6 years from the date of injury or discovery. It’s crucial to consult with a lawyer promptly to ensure your claim is filed within the appropriate timeframe to preserve your legal rights.

6. How much compensation can I expect from a Similac lawsuit?

Based on similar cases, our attorneys estimate potential settlements ranging from $300,000 to $800,000, depending on the severity of injuries and circumstances. Individual trial verdicts could potentially be much higher, as evidenced by the recent $60 million verdict in a similar case involving Enfamil formula.

7. Is Similac formula FDA approved?

Similac formula is not FDA approved. The FDA did not approve infant formulas before they can be marketed. However, all formulas sold in the United States must meet federal nutrient requirements, and manufacturers must notify the FDA before marketing a new formula.

8. What should I do if my Similac product was recalled?

If your Similac product was recalled, stop using it immediately, check the lot code on the container to confirm if it’s affected, retain the packaging and product if possible, and contact your pediatrician about alternative feeding options. If your child experienced any adverse effects, seek medical attention and consult with an attorney.

Related Articles:

• Neocate Formula Lawsuit
• ByHeart Baby Formula Lawsuit
• Toxic Baby Food Heavy Metals Lawsuit

See all related food poisoning lawsuits we’ve taken on.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for Similac-related injuries. Most states have statutes of limitations that restrict how long you have to file a claim after your child’s injury, typically between 1-6 years depending on your state.

The Pharmaceutical Litigation Group at Schmidt & Clark, LLP offers:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees to begin your case
• Payment only if we win your case (contingency fee basis)
• Nationwide representation handling Similac lawsuits in all 50 states

References

1. https://www.reuters.com/legal/reckitt-unit-hit-with-60-million-verdict-enfamil-baby-formula-case-illinois-2024-03-14/
2. https://www.aboutlawsuits.com/wp-content/uploads/2023-1-9-similac-singh-complaint.pdf
3. https://www.fda.gov/food/outbreaks-foodborne-illness/fda-investigation-cronobacter-infections-powdered-infant-formula-february-2022
4. https://www.fda.gov/food/infant-formula-guidance-documents-regulatory-information/regulations-and-information-manufacture-and-distribution-infant-formula