Baby Formula NEC (Necrotizing Enterocolitis)

NEC grows and develops over time. Early identification can be crucial to treating and restoring the average life expectancy. The following are the symptoms of NEC:

There are several treatment options available for NEC. Doctors will be able to determine the best course of treatment for your baby’s specific case of NEC.

Treatment options include:

• Antibiotics to treat infection
• Increased oxygen through a ventilator
• IV for fluids and nutrition
• NG (nasogastric) tube insertion from the nose to the stomach to release gas and/or fluids

Every year, 380,000 babies nearly 1 in 10 babies overall are born prematurely in the United States, according to the March of Dimes. As many as 10 percent of these premature infants will develop NEC, according to Children’s Hospital Los Angeles, and between 25 and 50 percent of cases of necrotizing enterocolitis are fatal, a 2017 article in the journal Advances in Nutrition reported.

Research has linked neonatal NEC risk with the consumption of formula. Most parents and even many NICU nurses and doctors are unaware that many popular brands of baby formula are fortified with or otherwise contain cow’s milk, which is not recommended for premature newborns.

Now, the manufacturers of baby formula products that contain cow’s milk are facing lawsuits brought by the heartbroken parents and families of preemies who have suffered serious harm and complications and, in too many cases, have lost their lives to NEC.

• In 2019, Cochranereviewedall evidence from clinical trials comparing formula with donor breast milk for feeding preterm or low birth weight infants. A Cochrane review of 12 completed reviews that involved 1,871 babies found that feeding preterm infants formula nearly doubles the risk of necrotizing enterocolitis.

• A study carried out In March 2021 showed that you could prevent a NEC case for every ten infants fed human breast milk. The study established that preterm babies entirely fed on human breast milk showed a 77% reduction in NEC cases.

March 13, 2024: Settlement in NEC Lawsuit Against Enfamil Manufacturers

An Illinois jury has ordered Mead Johnson to pay $60 million in damages to the mother of a premature infant who died of necrotizing enterocolitis (NEC) after being fed Enfamil formula shortly after birth. The lawsuit, filed by Jasmine Watson, claimed that the manufacturer withheld information about the link between Enfamil and NEC, a devastating complication that can occur in premature infants. NEC can lead to emergency surgery while the baby is in the NICU. Research indicates that cow’s milk-based infant formulas like Enfamil and Similac increase the risk of NEC among premature infants. The manufacturers have faced criticism for withholding information about this risk and promoting certain versions of their products for use among preterm infants.

February 1, 2024: Surge in New Cases

A notable surge in the NEC infant formula class action MDL occurred during January 2023, with the addition of 47 new cases, marking the second-largest monthly increase since the inception of the MDL. The total number of pending cases has now reached 389.

January 15, 2024: Decline in Pending Cases

Following a period of increased case volume in the last few months of 2023, the NEC premature infant formula MDL reports a reduction in pending cases, now standing at 342.

December 18, 2023: Substantial Increase in Cases

A significant rise in case volume is reported for the NEC preterm infant formula class action MDL, with 50 new cases added in the last month. This brings the total pending cases to 339, marking one of the highest monthly volumes in the MDL.

December 1, 2023: Increment in Pending Cases

The NEC preterm infant formula MDL sees a rise in pending cases, with the addition of 15 new cases, bringing the total to 290.

November 1, 2023: “Bellwether” Cases Selection

U.S. District Judge Rebecca R. Pallmeyer in Illinois selects four key “bellwether” cases for trial to gauge potential jury reactions to NEC infant formula class action evidence. Trials are anticipated to start in 2024, influencing potential settlement payouts.

October 17, 2023: Stable Case Volume

A modest increase of 12 new cases is reported in the NEC infant formula MDL, maintaining a pace similar to previous months, resulting in a total of 275 pending cases.

October 2, 2023: Extension Granted for Bellwether Cases Selection

Following a recent status conference, the Judge grants a motion for an extension of the deadline for selecting bellwether cases in the NEC infant formula MDL. The first bellwether trials could potentially occur late next year.

September 18, 2023: Momentum Building

A notable increase of 83 new cases over the summer brings the total active cases in the pre-term infant formula NEC class action MDL to 263, showcasing a significant momentum buildup.

August 21, 2023: New Wrongful Death Lawsuit

A new NEC wrongful death lawsuit, Rowe v. Abbott, is directly filed into the MDL class action. The case involves an infant born prematurely in 2007 in Maricopa County, Arizona, who developed NEC after being given Abbott’s cow milk-based formula in the NICU, leading to a tragic outcome.

August 17, 2023: Doubling in Size

The NEC premie formula class action doubles in size since the beginning of the year, with the addition of 14 cases in the past month, resulting in a total of 205 pending cases.

July 18, 2023: Steady Increase in Cases

An increase of 11 new cases is reported in the NEC infant formula MDL over the last month, bringing the total to 191 pending cases, up from 90 at the beginning of the year.

June 16, 2023: Growing Plaintiff Numbers

The NEC infant formula class action sees an addition of 14 new cases in the last month, resulting in a total of 180 active plaintiffs and 83 new cases transferred into the MDL since the start of the year.

May 15, 2023: Ongoing Lawsuit Transfer

Nine new lawsuits alleging infant formula as the cause of NEC in premature babies are transferred into the NEC formula class action MDL, resulting in a total of 166 pending cases.

April 28, 2023: Bellwether Candidate Cases in Discovery

The pool of 12 bellwether candidate cases in the NEC formula MDL begins case-specific fact discovery. These cases are the first set to go to trial, with the actual bellwether trials expected to begin around the same time next year.

April 18, 2023: Record Monthly Increase

A record monthly increase of 35 new cases is reported in the infant formula NEC class action lawsuit, bringing the total pending cases to 157. The possibility of the first bellwether test trial is anticipated in the coming year.

March 16, 2023: Second-Highest Monthly Volume

Seventeen new pending cases are transferred into the infant formula NEC class action MDL over the last 30 days, resulting in a total of 122 active plaintiffs. This marks the second-highest volume of new cases since the MDL began.

January 17, 2023: Consistent Inflow of Cases

Nine new infant formula NEC cases are transferred into the class action lawsuit over the last month, bringing the total number of pending cases in the NEC formula MDL to 97.

January 10, 2023: Science Day Scheduling Attempt

The Judge in the NEC infant formula class action MDL seeks to schedule a “science day,” a standard tool in mass tort MDLs, for presentations designed to educate the court on pertinent scientific evidence.

December 15, 2022: Bellwether Program Development

The group of 12 formula NEC cases participating in the bellwether program is expected to be finalized by the end of the month. A proposed schedule outlines the fact discovery deadline in April 2023, with the first bellwether trials possibly commencing in the spring of 2024.

October 1, 2022: Significant Order Issued

The judge in the formula NEC class action lawsuit issues a significant order, establishing the schedule and protocol for the selection of bellwether test cases.

June 17, 2022: Rapid Growth in MDL

The NEC preterm infant formula MDL in the Northern District of Illinois doubles in size within the first month, with 37 new plaintiffs added, setting a pace that may continue with 30-60 new cases monthly through the end of 2022.

May 23, 2022: Official Commencement of Lawsuit

The baby formula NEC class action lawsuit in the Northern District of Illinois officially begins, with Judge Rebecca Pallmeyer overseeing the MDL. The judge holds an opening status conference.

March 1, 2022: Potential Consolidation

A potential NEC baby formula class action lawsuit, consolidating all federal court NEC lawsuits, is under consideration. The location for the class action, either Connecticut or Illinois, remains undecided.

December 18, 2021: Illinois as Common Venue

A substantial number of infant formula NEC lawsuits are filed in Illinois state court, gaining momentum. Lawyers seek consolidation before a single judge for coordinated pretrial proceedings, signaling potential future federal court consolidation.

December 10, 2021: New Study Confirmation

A recent study further confirms the link between cow-milk-based formula and NEC in premature infants, highlighting a threefold increase in risk. The study emphasizes the potential impact on NEC litigation and settlements.

2021, Pennsylvania: $1,800,000

In 2021, a Pennsylvania settlement of $1,800,000 was reached in a case involving a premature infant born at 29 weeks. The infant was admitted to the Neonatal Intensive Care Unit (NICU) exhibiting signs of necrotizing enterocolitis (NEC). The parents filed a wrongful death action, alleging that the defendants failed to promptly transfer the infant or develop a treatment plan for NEC. Tragically, the infant succumbed to the condition shortly after admission, leading to the settlement before the commencement of the trial.

2019, New York: $1,350,000 

A settlement of $1,350,000 was secured in a 2019 New York case involving a two-day-old newborn with transient tachypnea and a heart murmur. The infant, fed a combination of breast milk and formula, suffered bowel loops distension – a classic sign of necrotizing enterocolitis (NEC). The parents took legal action, filing an NEC malpractice lawsuit against the hospital, alleging a failure to exclusively feed the infant with breast milk. The defense countered, asserting there was no scientific basis linking formula feeding to NEC. The case was ultimately settled.

 2018, Illinois: $2,970,000 Verdict

In 2018, an Illinois jury awarded a verdict of $2,970,000 in a wrongful death case involving a premature baby girl. The infant experienced respiratory distress, anemia, bradycardia, and low white blood cell levels, ultimately diagnosed as necrotizing enterocolitis (NEC). The physician’s delayed recognition led to halted feedings, bowel decompression, and surgery, but the infant passed away several days later. The parents filed an NEC malpractice suit, alleging that the hospital’s staff failed to timely address the NEC condition.

2011, Massachusetts: $7,050,000 Verdict

A significant verdict of $7,050,000 was awarded in a 2011 Massachusetts case where a premature newborn with metabolic acidosis was transferred to the NICU. The baby, fed with presumably cow milk-based baby formula, succumbed to complications of necrotizing enterocolitis (NEC). The parents initiated an NEC malpractice lawsuit, asserting that the hospital failed to diagnose and treat their baby’s NEC risk in a timely manner, leading to the tragic outcome.