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Baby Formula Manufacturers Face Class Action Over NEC Risk

Published:

September 17, 2024

  • Defective Products
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baby formula lawsuit settlement

Parents unite in a legal battle over baby formula's potential link to a deadly intestinal condition.

Last Updated:

05/08/2025

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As a parent, your top priority is keeping your baby safe and healthy. 

 

But what if the very formula you relied on to nourish your premature infant put your child at risk for a life-threatening condition?

 

This situation is the alarming reality many families face as they learn about the potential link between certain baby formulas and necrotizing enterocolitis (NEC).

 

Understanding the Devastating Impact of NEC

Necrotizing enterocolitis is a serious gastrointestinal problem that primarily affects premature babies. It occurs when the intestinal tissue becomes inflamed and begins to die. 

Symptoms can include:

  • Abdominal distension
  • Feeding intolerance
  • Bloody stools
  • Lethargy
     

In severe cases, NEC can lead to intestinal perforation, sepsis, and even death.

Surviving infants often face long-term health issues, and the emotional and financial toll on families is immeasurable.

 

Studies Raise Red Flags About Cow's Milk-Based Formulas

While the exact cause of NEC remains unclear, a growing body of research suggests that cow's milk-based formulas may increase the risk, especially in preemies.
 

Multiple studies have found higher rates of NEC in premature infants fed these formulas than those receiving human breast milk.
 

In fact, a 2019 Cochrane review concluded that feeding preemies formula rather than breast milk led to an increased risk of NEC.
 

The risk appeared to be highest for cow's milk-based formulas like certain products offered by Similac and Enfamil, commonly given in hospitals.

 

Families Take Legal Action Against Formula Giants

In light of these findings, parents have filed a wave of class action lawsuits against prominent baby formula manufacturers like Abbott Laboratories and Mead Johnson. 

 

Failure to warn

The litigation alleges that these companies failed to adequately warn parents and healthcare providers about the potential NEC risk associated with their cow's milk-based products.
 

Lawsuits also accuse formula makers of concealing critical safety information to pursue profits.

 

Optional feeding arguments

Plaintiffs contend that if they had known about the risk, they would have chosen safer feeding alternatives for their premature babies. 
 

Parents seek to hold the manufacturers accountable and hope their action spares other families the same heartache.
 

 

Baby Formula Lawsuit Ripple Effects

Recent NEC class action suits have sent shockwaves through the baby formula industry.
 

Companies like Abbott and Mead Johnson are defending their products and practices. However, the companies face an uphill battle in the court of public opinion, and change may be on the horizon.

 

Questions raised

In addition to the litigation pressure, NEC claims raise significant questions about regulation.

  • Should there be stricter oversight of the baby formula industry?
  • Could more explicit label safety warnings help parents make more informed feeding choices?

 

Costs come into focus

These lawsuits also shine a harsh light on the high prices of many cow's milk-based formulas. 
 

The average cost can run $1,200-$3,000 per year. Yet, plaintiffs have argued that families shouldn't have to weigh their babies' health against their budget. 
 

Therefore, NEC's legal action in 2024 may be a catalyst for making safe formulas more accessible.

 

Getting Help in the Wake of an NEC Diagnosis

If your child was diagnosed with NEC after January 1, 2022, you may be entitled to financial compensation through an individual lawsuit or class action. 
 

Although settlements cannot undo the suffering that NEC caused your child, they can provide vital resources for your baby’s future care and send a strong message that putting preemies at risk for profit is unacceptable. 

 

Do you have a potential claim against baby formula manufacturers?

OnlyClassActions (OCA) can start the process to see if you qualify for the ongoing NEC litigation and help you understand your rights and options. 
 

Join the NEC Lawsuit today, and let’s work toward a future where no family has to endure the devastation of NEC.

Frequently Asked Questions (FAQ)

The timeline for joining the lawsuit can differ depending on various factors, including the statute of limitations in your jurisdiction. It's best to consult a legal expert as soon as possible to determine your eligibility.

The length of when you’ll receive your settlement from the time you submit your inquiry can vary. Typically this process can take up to two years but in some cases, It may take longer.

While you do not technically need a lawyer, it is highly recommended that you get connected to an experienced law firm to help you navigate the complexities of the lawsuit and gather evidence so you can maximize your potential compensation.

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