NEC
South Carolina Infant Formula NEC Attorneys
LawFirms now hold manufacturers accountable for the harm their products have caused.
If your child has been affected by NEC due to cow’s milk-based formulas, legalSupport.law can help you pursue justice.
When babies are fed formula, the expectation is safety, especially for the most vulnerable infants—those born prematurely. Yet research has linked certain popular cow’s milk-based infant formulas to Necrotizing Enterocolitis (NEC), a dangerous condition that primarily affects premature babies and can lead to severe health complications, long-term care needs, and even death. Families are now taking legal action against formula manufacturers such as Mead Johnson (Enfamil) and Abbott Laboratories (Similac) to hold them responsible for the pain and suffering caused by NEC.
Who Qualifies?
Families with infants diagnosed with NEC following the use of certain infant formulas may qualify for legal action. You may be eligible for NEC compensation if:
- Your child was born prematurely (before 37 weeks’ gestation).
- Your child was admitted to a neonatal intensive care unit (NICU).
- Your child was fed cow’s milk-based formulas or fortifiers, including Enfamil or Similac.
- Your family has incurred medical expenses or experienced other financial hardships as a result of NEC.
Families who meet these criteria are encouraged to meet with an attorney to understand their legal rights and options. You may qualify for compensation to help cover medical costs and other related expenses.
NEC Symptoms and Infant Health Impact
Necrotizing enterocolitis is a severe gastrointestinal disease that primarily affects premature infants. NEC causes inflammation and infection, which can lead to the destruction of the intestine. In severe cases, this condition can result in lifelong health complications or even death. Research suggests that formulas containing cow’s milk proteins may increase the risk of NEC in preterm infants, raising serious concerns over the safety of certain products.
Symptoms of NEC may include:
- Bloating or swelling in the abdomen.
- Bloody stools.
- Poor feeding or vomiting.
- Lethargy.
Understanding the impact of NEC on a baby’s health is critical. We believe it’s the first step in advocating for vulnerable infants’ safety and well-being.
Understanding the Risk of NEC
NEC is a dangerous gastrointestinal condition that primarily impacts preterm infants, causing inflammation and, in severe cases, the destruction of the intestinal lining. This condition can lead to serious health complications, including infections, developmental delays, or death. Premature babies are at a heightened risk, as their underdeveloped digestive systems are particularly sensitive to certain ingredients found in infant formula.
Research has identified a connection between cow’s milk-based formulas and the increased risk of NEC in preterm infants. These formulas can trigger inflammatory responses in an infant’s intestines, which are not fully equipped to handle these ingredients. This raises concerns over the safety of formulas designed for the most vulnerable patients.
Are All Babies at Risk of NEC from Cow’s Milk Formula?
NEC primarily affects premature infants, yet the risk associated with cow’s milk-based formulas is a concern for all infants with underdeveloped digestive systems. Premature babies are at a much higher risk due to the immaturity of their intestinal lining and immune system. For full-term babies, the risk of NEC is significantly lower—but parents should still be aware of the potential risks associated with cow’s milk-based formulas.
Why Is NEC Linked to Formula Use?
When premature babies are given cow’s milk-based formulas, they may face an elevated risk of developing NEC. This risk can have lasting effects on an infant’s health and development, potentially impacting long-term growth, cognitive abilities, and quality of life. Parents who have used formula for their preterm babies may unknowingly be exposing them to serious health risks due to the lack of transparency from formula manufacturers such as Enfamil and Similac.
Many hospitals and NICUs rely on formula to meet preemies’ nutritional needs, often without fully understanding or disclosing the potential risks. Parents should be informed about safer feeding alternatives and have access to clear, evidence-based recommendations that prioritize infant safety over profit.
Are Cow’s Milk-Based Formulas Still Used for Premature Infants?
Despite mounting evidence, cow’s milk-based formulas are still widely used in hospitals and NICUs to nourish premature infants. Alternative feeding options like breast milk or specialized formulas are available, but they are not always prioritized or readily accessible. Several advocacy groups and health professionals are pushing for stricter guidelines and greater awareness to prevent NEC, yet the use of these formulas persists in many medical settings.
Justice for Families Impacted by NEC
Parents of children affected by NEC after using certain baby formulas deserve both answers and accountability. Families should not have to endure the physical, emotional, and financial burdens of NEC without recourse. Legal action can help expose the negligence of formula manufacturers and give families the resources they need to address long-term health needs and hold companies accountable.
Frequently Asked Questions
Who qualifies for an infant formula NEC lawsuit?
Families of premature infants who developed Necrotizing Enterocolitis (NEC) after being fed certain cow’s milk-based formulas may qualify for a lawsuit. Qualification typically depends on:
- The infant’s diagnosis of NEC.
- Whether a cow’s milk-based formula was used.
- Medical and financial impacts on the family due to NEC complications.
If your child was affected, our legal team can help determine your eligibility and options for pursuing compensation.
Who am I suing?
A lawsuit would be filed against the manufacturers of the cow’s milk-based formulas associated with NEC in preterm infants. Some of the companies named in these lawsuits include:
- Abbott Laboratories (manufacturer of Similac)
- Mead Johnson & Company (manufacturer of Enfamil)
These companies may have been aware of the risks but failed to disclose them to families and medical providers.
Where is my case being filed?
Most baby formula NEC lawsuits are consolidated in a Multi-District Litigation (MDL) to streamline cases involving similar facts and claims. The MDL centralizes cases under one court to improve efficiency and consistency in handling these cases across the country. This structure helps expedite the legal process, making it easier for families affected by NEC to pursue justice and access compensation.
As of October 2024, there are just under 600 pending NEC lawsuits against infant formula companies.
How is an MDL different from a class action lawsuit?
An MDL, or Multi-District Litigation, groups individual lawsuits that share similar legal issues so that they can be managed under one court.
Unlike a class action lawsuit, where one representative case speaks for all plaintiffs, an MDL lets each family file an individual lawsuit. This approach allows for compensation based on each family’s circumstances, such as the severity of the child’s health impact from NEC.
Can surviving family members receive compensation on behalf of an NEC victim?
Yes, family members can pursue claims on behalf of a deceased child affected by NEC. These claims seek to provide justice and financial support for the devastating loss and associated medical costs endured by the family.
How much compensation could my family recover?
The compensation a family may be eligible to recover depends on several factors:
- The severity of the NEC diagnosis and any long-term health effects.
- Medical expenses incurred from NEC-related treatments and ongoing care.
- Pain and suffering endured by both the infant and the family.
Compensation may cover medical bills, future healthcare needs, pain and suffering, and, in tragic cases, funeral expenses.