NEC lawsuit Updates
Study Explores Stem Cell Therapy Potential for NEC Recovery
A study published in Nature evaluated stem cell therapy in mice with necrotizing enterocolitis (NEC). Subjects receiving intraperitoneal rescue stem cell treatment demonstrated improved recovery rates and overall outcomes. While this therapy has not yet been tested in humans, researchers stated it “may reduce secondary organ damage and enhance long-term outcomes for affected infants.” NEC impacts approximately 2–5% of premature infants in the United States and has been linked to feeding preterm infants cow’s-milk-based formula products. The findings suggest a possible future treatment pathway pending further clinical research.
Abbott Secures Third Consecutive Defense Verdict in NEC Baby Formula Trial
A jury has found in favor of Abbott Laboratories in the third bellwether trial of the necrotizing enterocolitis (NEC) multidistrict litigation. The case involved a preterm infant who died after being fed the company's cow's milk-based formula. The court determined that the plaintiffs failed to establish a key legal requirement: the existence of a feasible, safer alternative design available at the time. The jury concluded the product's benefits outweighed its alleged risks. This defense victory represents a significant challenge for plaintiffs in the federal litigation, though future bellwether trials are scheduled.
Abbott Secures Third Consecutive Defense Victory in NEC Bellwether Trial
For the third time, a federal bellwether trial in the NEC (necrotizing enterocolitis) multidistrict litigation has concluded in Abbott's favor. Judge Pallmeyer granted Abbott's motion for summary judgment in a case involving a deceased infant. The ruling hinged on the plaintiffs' inability to prove a key legal element: that a feasible, safer alternative design existed for the cow's milk-based formula at the time of the injury. The court also found the product's utility outweighed its alleged risks. This repeated outcome represents a significant challenge for plaintiffs in the federal MDL, suggesting that this legal pathway may not be viable for resolving these claims.
Researchers Propose Trial to Reduce NEC Risk in Preterm Infants
As manufacturers face lawsuits alleging their formulas cause necrotizing enterocolitis (NEC), researchers are proposing a new preventative study. Published in BMC Pediatrics, the trial protocol aims to determine if heating nutrition products to a specific temperature before feeding very preterm infants can decrease the incidence of the life-threatening intestinal disease. This research, titled "Milk temperature reducing necrotizing enterocolitis in very preterm infants," seeks to establish a potential safety protocol, with results pending. The initiative arises amidst ongoing litigation claiming cow's milk-based formulas significantly increase NEC risk.
About NEC Lawsuits
Necrotizing enterocolitis (NEC) is a severe intestinal disease that primarily affects premature and very low–birth-weight infants. In NEC, portions of a baby’s intestine become inflamed and can start to die, leading to life-threatening complications, emergency surgery, and in many cases long-term disability or death.
Since the 1960s, medical literature has raised concerns that cow’s-milk–based infant formulas may increase the risk of NEC in preterm infants compared with human milk. Large reviews have found that feeding premature babies human milk, including donor milk, can cut NEC rates roughly in half compared with formula feeding.
Despite these findings, many neonatal intensive care units (NICUs) and hospitals continued to rely heavily on cow’s-milk–based products for fragile preterm infants. Families often had no idea that feeding choices could influence NEC risk or that some of the products used in NICUs were at the center of growing legal controversy.
Today, hundreds of NEC baby formula lawsuits have been filed, alleging that manufacturers of cow’s-milk–based formulas and fortifiers failed to adequately warn parents and clinicians about known risks for premature infants.
If your premature baby was diagnosed with NEC after receiving cow’s-milk–based formula or fortifier, you may have legal options to seek compensation for medical costs, long-term care, and your family’s emotional losses.
How Cow’s-Milk Formula Is Linked to NEC
While the precise causes of NEC are complex and multifactorial, research suggests that formula made from cow’s milk can trigger or worsen NEC in preterm babies by:
- Altering the immature gut microbiome and promoting harmful bacteria
- Increasing intestinal inflammation and permeability (“leaky gut”)
- Reducing the protective benefits of human milk antibodies and bioactive factors
Clinical and observational studies have consistently found higher NEC rates in preterm infants fed cow’s-milk–based formula compared with those fed human milk, which is why many professional bodies encourage human milk as the preferred nutrition for premature babies whenever possible.
NEC can progress quickly from feeding intolerance and abdominal bloating to intestinal perforation, sepsis, short bowel syndrome, and lifelong digestive and developmental challenges.
Who Qualifies for the NEC Class Action Lawsuit?
To participate in an NEC class action lawsuit, you must meet certain criteria, such as the following:
- Your infant has been fed a cow’s milk-based formula.
- Your child was diagnosed with Necrotizing Enterocolitis (NEC) following formula feeding.
- You can provide medical documentation that shows a direct link between your child’s health condition and the use of the formula.
- Your child was born prematurely.
Additionally, your infant must have been diagnosed (less than 1 year old) with the following cancer(s):
- Necrotizing Enterocolitis (NEC)
- Short Bowel Syndrome (SBS)
- Gastrointestinal Injury (GI Injury)
Timeframe: To pre-qualify, your child must typically have been born between 2007 and the present and diagnosed with NEC (or a related condition) before turning one year old.
If you meet these requirements, you could be entitled to compensation. However, it’s important to seek legal advice to determine your eligibility. Various factors impact eligibility and all cases are unique.
Which Companies Are Involved in NEC Baby Formula Lawsuits?
Many NEC lawsuits focus on manufacturers of cow’s-milk–based preterm infant formulas and fortifiers used in NICUs. Federal multidistrict litigation (MDL) in Illinois has allowed parents to bring coordinated claims alleging that products sold by major brands, including Abbott Laboratories (Similac) and Mead Johnson (Enfamil), significantly increased NEC risk in preterm infants and were not accompanied by adequate warnings.
The lawsuits generally allege that:
- Manufacturers knew or should have known that cow’s-milk–based products were associated with higher NEC rates in premature infants.
- They failed to provide clear, prominent warnings to parents and healthcare providers about this risk.
- Marketing and labeling downplayed or omitted known safety concerns for preterm babies.
As medical research and litigation continue to evolve, more families are coming forward, and the number of cases is expected to grow.
How Much Compensation Should You Expect in Your NEC Lawsuit?
Determining the exact settlement amount in an NEC lawsuit can be challenging. Typically, the amount depends on several factors such as:
- The severity of your child’s condition.
- The extent of the damages and medical expenses incurred.
- The strength of the evidence presented.
At this point, NEC lawsuits are still in the early stages, and settlements or jury trials have not yet taken place. However, based on similar historic cases involving health-related claims, the potential settlement amounts will ultimately depend on how badly your child has been impacted by the use of the formula.
What Parents Can Do If Their Baby Developed NEC
f your premature infant developed NEC after receiving cow’s-milk–based formula or fortifier, you don’t have to navigate this alone. Consider taking these steps:
- Gather medical records
NICU records, surgical reports, discharge summaries
Documentation of NEC diagnosis, surgeries, and any long-term complications - Document feeding history
Which formulas or fortifiers were used
How long your baby received them and in what setting (NICU, hospital, home) - Consult with your child’s medical team
Discuss long-term prognosis, ongoing care needs, and future health risks. - Speak with an NEC baby formula attorney
A qualified lawyer can review your records, explain your rights, and help determine whether your family may qualify to join the NEC lawsuit or related settlements.
By taking legal action, families are not only seeking compensation for their child’s injuries—they are also helping push for clearer warnings, safer feeding practices, and more transparency around risks for vulnerable preterm infants.
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