NEC Baby Formula Class Action Lawsuit

Lawsuits Being Filed in NEC Baby Formula Cases

An NEC baby formula class action lawsuit has been filed against several corporations after it was revealed that the companies’ products are linked to issues that can cause serious harm or death to infants, especially preemies. The lawsuit alleges that the companies knew or should have known about the potential dangers but failed to take adequate steps to address it in their warning labels or tell the public.

The plaintiffs are seeking compensatory and punitive damages from Abbott Labs and Mead, Johnson & Co., as well as attorneys’ fees and costs. They are also asking the court to order these companies to recall all of their affected products and to put into place a plan to ensure that future products are safe from contamination.

If you or your child has been affected by illness from consuming powdered baby formula, you may be entitled to compensation. Please contact our office to speak with one of our experienced class action attorneys about your legal rights.

Latest News on NEC Baby Formula Lawsuits

On October 9, 2022, attorneys representing those placing injury claims and the formula companies presented the judge with a list of 66 pending cases that could be randomly selected to be the first NEC lawsuit heard in court. Each side has selected four cases. A court will choose four randomly selected lawsuits from a pool of 12 cases. A select group of four bellwether cases will be selected for trial after pretrial discovery in these 12 cases. Two will be selected by each side. 

Bellwether Cases in Mass Tort Claims

Bellwether cases are used in mass tort litigation to help assess how similar ones might be decided. These cases are typically selected by the court overseeing the litigation, and they may be chosen because they involve similar injuries or alleged causes of action. The outcomes of bellwether trials can also help guide settlement negotiations in mass tort claims.

Numerous Studies Show Link Between NEC and Baby Formula

According to the Centers for Disease Control and Prevention, cronobacter infection can lead to serious illness in infants under one year of age but especially newborns and those with weak immune systems. These infections have been linked to the use of powdered baby formula. Serious diseases such as necrotizing enterocolitis, sepsis, peritonitis and meningitis can arise from these types of infections. If your baby used Similac (Abbott Labs) or Enfamil (Mead, Johnson & Co.) and developed one of these dangerous diseases, you may be able to join the class action lawsuit.

Basis of the Lawsuits

All manufacturers are required to post warnings of potential hazards when using their products. However, neither company provided warnings on their baby formula labels about the increased risk of NEC. The focus of litigation is on:

  • The failure to warn
  • Misrepresentation
  • Product liability
  • A breach of warranty
  • Wrongful death
  • Deception and fraud in representations
  • Infections in NICUs

Diaz Law Firm

The Diaz Law Firm is here to help. If your child has been injured or has died due to consuming these infant products, call us at (800) 459-2222 to arrange a free consultation. You can also contact us online. We represent clients nationwide in obtaining the compensation they deserve.