NEC Lawsuit (Necrotizing Enterocolitis)

If your baby was born prematurely diagnosed with NEC after drank Enfamil or Similac baby formula and then had digestive problems requiring surgery, or died, Scout Law Group can help you get compensation for medical bills and pain and suffering.
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Updated On:
December 28, 2022
Reading Time:
3–4 minutes

NEC Lawsuit

Similac or Enfamil baby formulas can cause premature babies ("premies") to suffer Necrotizing Enterocolitis ("NEC") or death. Abbott Laboratories and Mead Johnson, who manufacture these baby formulas, may be responsible for the conditions that led to your child getting NEC. This could allow you to file a claim for product liability or wrongful death on behalf of your child.

Mead Johnson and Abbott Laboratories

Abbott Laboratories and Mead Johnson knew their baby formula was dangerous for premature babies. Still, they did nothing to warn parents or give them a choice.

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Why Can NEC Happen To Premies?

When babies are born prematurely, their lungs and intestines are not fully formed. The intestines need oxygen to develop correctly, which they can't get from the lungs if they aren't fully grown. Without enough oxygen, the intestines can get inflamed or even die. This lets bacteria and waste escape from the bowel and get into the bloodstream, where they can cause a life-threatening infection.

Strangely, products like Enfamil and Similac are marketed to help premature babies grow and get stronger in the hospital. But it is thought that they may not help at all or may even slow the intestines' growth. Enfamil and Similac are made from cow's milk, which premies can't digest well. This makes it easier for harmful bacteria to grow in their guts.

The signs of NEC can vary, but they usually start to appear in the first two weeks after a premature baby is born. These symptoms also seem to appear in babies fed baby formula or breast milk with a bit of formula added.

Signs and Symptoms

Symptoms start slowly and get worse over time, often in this order:

  • Intolerance to Feeding
  • Bloating
  • Vomiting of green bile
  • Bloody stools
  • Breathing rate that is too slow
  • Heart rate that is too low
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Was Your Child Considered Born Premature?

Frequently Asked Questions:

Which brands of baby formula qualify for a lawsuit?

Similac, made by Abbot Laboratories, Enfamil, made by Mead Johnson, and any other formula derived from cow's milk given to premature infants 24-32 weeks old.

How long do I have to file an NEC/baby formula lawsuit?

It depends on where you live and where your child got the NEC diagnosis. The deadline to file a lawsuit is called the statute of limitations, which varies from state to state. However, if the person who was hurt is a minor, the statute of limitations is often "tolled" or pushed back. Our lawyers can help you determine the statute of limitations in your case and take action to protect your child's legal rights.

If I file, will my child have to do anything?

No. Your claim will include the child's medical records, but the child is usually not directly involved in this lawsuit. The child's parents can take care of these claims.