What is the Value of a Premature Baby Formula Lawsuit?

In a policy statement released by the American Academy of Pediatrics (AAP), the organization recommends breast milk as the best nutrition for infants. The report states that breast milk provides important nutrients that help support healthy growth and development. The formula should only be used as a last resort if breastfeeding is impossible.

While the AAP’s recommendation is to breastfeed whenever possible, they acknowledge that there are some cases where infant formula is necessary. For example, if a mother cannot produce enough breast milk or if the child has a medical condition requiring formula feeding, then infant formula should be used.

How is baby formula linked to necrotizing enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a life-threatening disease affecting premature infants’ gastrointestinal tract. The cause of NEC is unknown, but one theory is that it may be caused by a lack of beneficial bacteria in the gut due to improper feeding practices, such as using infant formulas that are not breast milk. Studies have shown that NEC is more common in infants fed infant formula than breast milk. It is believed that the lack of beneficial bacteria in the gut caused by infant formulas may contribute to the development of NEC.

Have the infant formula brands Similac and Enfamil been recalled?

No, neither Enfamil nor Similac baby formulas have been recalled. However, both brands face a lawsuit amidst concerns of NEC caused by baby food. NEC is a serious and potentially fatal condition affecting newborns’ gastrointestinal tracts. 

The lawsuit, filed in California, alleges that the two companies failed to warn parents of the risk of NEC associated with their products. The plaintiffs in the lawsuit allege that both brands’ baby formulas are responsible for the deaths of their children. However, there is no concrete evidence linking either formula to NEC.

The Initial Lawsuits Against Enfamil and Similac NEC Baby Formula

The first infant formula lawsuits involved allegations of medical malpractice. These lawsuits typically contend that because the healthcare professionals failed to inform the parents of the elevated risk of NEC, the parents could not give their informed consent to allow the administration of cow’s milk-based formula to their infants. 

As a result, many healthcare professionals attempted to shift responsibility by claiming that the formula manufacturer failed to warn them about the dangers of NEC.

Damages in a lawsuit involving NEC baby formula

Product liability claims involving NEC are still in the early stages. As of April 2022, no settlement agreements have been reached. Plaintiffs seek damages for their children’s injuries due to drinking NEC baby formula. These injuries include cerebral palsy, developmental delays, and intellectual disabilities.

Several factors will be considered when determining damages in an NEC baby formula lawsuit. These factors include the severity of the child’s injury, the time the child spent hospitalized, and the cost of future medical care. Sometimes, parents may also be awarded compensation for their pain and suffering.

It is important to note that not all NEC baby formula lawsuits will result in a settlement or verdict in favor of the plaintiff. Defendants often argue that the child’s injury was not caused by NEC baby formula and that they are not liable for any damages.

Baby formula companies are facing lawsuits alleging that their baby formulas cause severe infant health problems. The lawsuits, which are being brought against Abbott Laboratories, Nestle, and Mead Johnson Nutrition Company, claim that the companies failed to test their products before putting them on the market properly. 

As a result, infants who consumed the formula were allegedly left with permanent health damage, including brain damage and blindness. If you or your child has been injured by baby formula, you may be able to file a product liability lawsuit against the manufacturer. Talk to a baby formula (NEC) lawyer today to learn more about your legal options.

Add a comment...

Your email is never published or shared. Required fields are marked *


    MyMommyStyle Meet Camille

    Hello! I am Camille, a wife, mother of four, Disney obsessed, certified teacher, and reality optimist. Motherhood comes with its ups and downs, and I hope while you're here you'll find something that makes your #momlife easier!


    join me on instagram



    Embrace the Mom You AreMy Mommy Style

    join me on instagram

    Embrace the Mom You AreMy Mommy Style


    8146821 f19d54f5