Baby Formula NEC Lawsuits: What You Should Know

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NEC or Necrotizing Enterocolitis is a gastrointestinal disorder in which the intestinal walls of the infant are inflamed and damaged severely. The inflammation worsens when left untreated and causes the germs to enter the abdomen. If untreated, the condition can cause permanent damage and death.

baby formula

What is an NEC Lawsuit?

Doctors often recommend formula milk for premature babies, babies with low birth weight, and babies who do not feed on breastmilk to meet the additional nutritional requirements. However, some infant formulas have been linked with NEC. Parents who have faced adverse situations due to such infant formulas file a baby formula NEC lawsuit against the manufacturer.

NEC in Premature Infants

Unlike breast milk, cow milk-based formulas are not entirely sterile. The bacteria build-up in the formula can affect the fragile intestinal walls of the premature infant and damage the lining. Hence, NEC is more prevalent among premature babies.

The risk is lower among infants who are breastfed. Symptoms of NEC include abdominal swelling, blood in the stools, vomiting, lowered heart rate, increase in body temperature, etc.

NEC Risk and Consumption of Formula Milk

Cow’s milk is unsuitable for premature newborns. Popular baby formula brands fail to indicate that their product contains or is fortified with cow’s milk. As a result, parents and families administering formula milk to their infants suffer severe loss. The parents can file a claim against the baby formula brands in such cases.

Who Can File an NEC Lawsuit?

The common types of injuries and health issues that may entitle parents to claim compensation are:

  • Gastrointestinal infections.
  • Intestinal troubles that demand surgical intervention. For instance, the affected infant may need surgical removal of the damaged bowel tissue.
  • Preventable death caused by NEC.

For filing an NEC lawsuit, the following conditions must be met.

  • Premature baby born before 37 weeks of gestational period.
  • Baby diagnosed with necrotizing enterocolitis.
  • Baby fed with cow milk-based or cow milk-fortified formula.

You may be surprised to learn the number of formulas that contain cow’s milk. Such products might not affect your child if they were not born prematurely. However, the highly vulnerable premature infants with underdeveloped digestive systems fall victim to such products.

NEC Lawsuits Filed Against Popular Baby Formula Brands

Popular brands like Similac and Enfamil are currently facing lawsuits because their baby formula containing cow’s milk has caused NEC premature babies.

The claims focus on the fact that despite knowing the potential risk of the products on preterm babies, the manufacturers aggressively marketed them as equivalent to breast milk. Also, the products did not carry any warning signs on their package.

NEC Lawsuits – How to Sue and Win a Case?

A study by Cochrane in 2019 has revealed that feeding formula to premature infants can increase the risk of NEC by 50%. The FDA has not supported the use of powdered infant formula since 2002. So, if your infant has been diagnosed with NEC and has been fed formula by the hospital, you may be eligible for compensation through a baby formula NEC lawsuit.

The first step to filing a claim is to find the best law firm to support you. An experienced attorney can help you through every step and furnish vital information to win the case.

First, find a law firm with years of experience holding manufacturers accountable for their wrongdoings and defective products. Then, ask for a free consultation to discuss your case in detail. The lawyer will review your case and provide the most viable legal options for you to choose from.


Having a new family member can give immense joy. You deserve to be compensated appropriately when your happiness is at stake due to another person’s wrongdoing or negligence. An NEC lawsuit can offer relief by providing you with compensation for your loss.

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