Similac® Baby Formula NEC Lawsuit

If your premature baby drank Similac® baby formula and then had digestive problems requiring surgery, or died from digestive complications, contact Scout Law Group for a free consultation to see if you are entitled to compensation for medical bills, pain, and suffering.
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Updated On:
January 6, 2023
Reading Time:
6–7 minutes

Does Similac® Cause NEC? 

Similac® baby formulas can cause a potentially deadly condition called Necrotizing Enterocolitis (“NEC”) in premature babies. Similac’s manufacturer, Abbott Laboratories, may be responsible for the harm they caused to your child.

This could entitle you to file a claim for product liability or wrongful death and recover significant compensation on behalf of your child. 

Medical research indicates that premature infants who drank cow-milk-based baby formula, such as Similac®, were more likely to develop NEC than infants who drank other types of formula. One study found that premies who drank formula were six to ten times more likely to develop NEC.  

Did Abbott Laboratories Know Similac® Was Dangerous? 

Abbott Laboratories knew its baby formula Similac® was dangerous for premature babies. Still, it did nothing to warn parents of this hazard. Parents of prematurely born babies have enough to worry about. They shouldn’t have to deal with the stress of wondering whether their baby formula could be deadly. 

Unfortunately, Abbott Laboratories failed to add this life-threatening side effect to the warning label of their product, Similac®, and this created a severe risk to many unsuspecting parents. 

What Causes Premies to Develop NEC? 

Premature babies (“premies”) do not have the chance to develop normally. Their lungs and intestines are not fully formed, so the intestines can’t get the oxygen they need to grow properly. Without adequate oxygen, the intestinal lining can become inflamed and erode.

This erosion can allow bacteria and waste to enter the bloodstream and cause a life-threatening infection. 
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Dangerous Similac® products

Not all baby formula products cause NEC in premature babies, but some Similac® products containing cow’s milk pose a risk to their health because premies can’t digest it well. This makes it easier for harmful bacteria to grow in their guts.

The following Similac® products have been deemed potentially hazardous: 

  • Special Care 20 
  • NeoSure 
  • Special Care 24 
  • Special Care 30 
  • Special Care 24 - High Protein 
  • Liquid Protein Fortifier 

NEC symptoms usually appear in the first two weeks after a premie is born. They often appear in babies fed certain Similac® baby formula or breast milk with formula added. Many infants survive the disease with serious, long-term injuries, but NEC can sometimes cause death. 

Symptoms often appear in this order and go from bad to worse: 

  • Intolerance to Feeding 
  • Bloating 
  • Vomiting of green bile  
  • Bloody stools 
  • Breathing rate that is too slow 
  • A heart rate that is too low 

Filing a lawsuit against Similac manufacturer

Similac® manufacturer Abbott Laboratories and other baby formula manufacturers must be held accountable for the damage they cause to premature babies. Filing lawsuits is our way of stopping them from selling products they know are potentially hazardous without doing anything to warn innocent consumers.

Statute of Limitations for Similac Baby Formula NEC Lawsuits

The deadline to file an Similac Baby Formula NEC Lawsuits is now.

The statute of limitations in an Enfamil baby formula is complicated. The deadline for filing a lawsuit varies by state.

Most states have a discovery or fraud rule that extends the time to file. In addition, there may be different time limits for the parents and children in these cases.

Only an experienced NEC lawyer can analyze your family's specific legal situation and protect your rights.

It is not too late to help your child, even if they are teenagers or young adults. Abbott Laboratories knowingly sold defective baby formula as early as the 1990s. However, it is essential to take some action soon because, at some point, the courts may decide it is too late to file in your particular situation.

Scout Law Group would be honored to talk with you and take immediate action for your family.
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Similac NEC Lawsuit Frequently Asked Questions

What if I don’t know what baby formula my child received?

You do not have to know what formula or nutritional supplement the hospital gave to file a claim. Our law firm will order your infant’s treating hospital’s medical and nutritional records. Our expert doctors and nurses will help you get the answers you need to file a baby formula case.

What if my child died several years ago?

Tragically, thousands of premature infants have died from NEC since the 1990s. This condition can be caused by cow-based baby formulas like Similac and Enfamil. If your child was premature and received formula or nutritional supplements, their death may be related to these products. Even if their death happened several years ago, Scout Law Group can have your child’s records reviewed by a medical expert and get you answers.

Will my child have to do anything if I file an Similac NEC lawsuit?

No. All action in these claims will be able to be handled by the parents. Your child's medical records will be part of your claim, but usually, a child will not be directly involved in this type of lawsuit.