Defective Products: Update on NEC Baby Formulas

There are many lawsuits filed by parents claiming that their babies developed necrotizing enterocolitis after drinking Similac or Enfamil baby formulas containing cow’s milk

There are many lawsuits filed by parents claiming that their babies developed necrotizing enterocolitis after drinking Similac or Enfamil baby formulas containing cow’s milk. NEC safety risks were not disclosed by manufacturers Mead Johnson and Abbott, according to lawsuits. For those who have an infant who was injured by using either Enfamil or Similac baby formulas, there is still time to join this lawsuit of related cases, and an attorney who handles these types of claims can help.

Bellwether Trials May Begin in 2024

No settlements have been reached or trials taken place in the toxic baby formula NEC lawsuits against Similac and Enfamil so far. A total of 157 cases are pending in the Multi-District Litigation as of April 17, 2023. Plaintiffs’ attorneys have submitted a proposed trial schedule to the judge. There is expected to be a continuation of discovery in this case until December 2023. During the first few months of 2024, the first bellwether test trials will likely begin after discovery is completed. Each plaintiff and defendant choose cases to serve as a bellwether trial.

Statute of Limitations

Under Miss. Code. Ann. § 15-1-49, injured parties have three years to file an injury claim. If the claim is filed after that date, the case will be refused by the court. Although this might seem like a long time, evidence can disappear as well as witnesses, so filing a claim as soon as possible is advisable.

What Is the Eligibility Requirement for Filing a Lawsuit for an Injury Caused by Defective Baby Formulas?

The following criteria must be met in order to join or file a lawsuit against Enfamil or Similac baby formula:

  • Your baby was born prematurely
  • The premature infant was fed either Enfamil or Similac while hospitalized
  • The infant was diagnosed with shortness of breath, bloody stools, necrotizing enterocolitis, bowel amputation, sepsis, abnormal bleeding, developed a bacterial infection or sepsis or died

Can I File a Claim Without a Diagnosis of NEC?

A valid product liability claim against Similac or Enfamil does not require your child to have been diagnosed with NEC. If your child has been exposed to either of these products and has developed any of the side effects of symptoms above, you may have the right to file a claim to recover compensation.

Recoverable Damages in a Lawsuit Associated With the Baby Formulas

In baby formula lawsuits, plaintiffs often seek compensation in the form of damages, such as:

  1. Past, present, and future medical care costs
  2. In addition to compensation for the injured child, the parents can also be compensated (in addition to the child’s claim or as a separate claim)
  3. Pain and suffering
  4. The loss of income and the loss of earning potential
  5. The loss of consortium when a child is seriously injured or disabled, as well as compensation from lost intangible benefits, such as care, nurturing or affection
  6. Wrongful death 
  7. Survival actions, which recover compensation for the medical expenses and pain and suffering by the child before they died

The Diaz Law Firm: NEC Baby Formula Lawyers

The Diaz Law Firm represents families who have suffered an injury to their premature infants due to defective baby formulas. Those who have lost a child or who have been injured by NEC products may contact us at (601) 607-3456 or (800) 459-2222 for a free case review. We can also be reached online. You can get help by calling us, and we fight for your rights every day.