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Lawsuits Filed After Enfamil and Similac Baby Formula Linked To Necrotizing Enterocolitis (NEC)

Enfamil and Similac Baby Formula Associated With Higher Rates of Necrotizing Enterocolitis (NEC) for Premature Infants and Possibly Death

Baby Formula NEC Lawsuit

NEW YORK CITY, NEW YORK (February 12, 2022) – Numerous lawsuits have been filed after baby formula from Enfamil and Similac has been linked to higher rates of Necrotizing Enterocolitis (NEC).

Enfamil and Similac are both extremely popular baby formulas. But when premature infants have this formula it can lead to NEC. One study in the Lancet showed that premature babies who were fed formula with cow’s milk were nearly 6 to 10 times more likely to develop NEC than babies fed exclusively breast milk.

NEC develops when bacteria invade the walls of the baby’s intestines allowing them to become inflamed and perforated. This then allows other substances to leak into the abdomen or bloodstream. A diagnosis of NEC can be frightening for parents.

Treatment will typically consist of a temporary stop of food intake and a round of antibiotics. However, around 30% of all babies diagnosed with NEC will need surgery to remove parts of the damaged intestines.

Nearly 50% of the infants that survive develop long-term complications. If your child has been diagnosed with NEC, don’t hesitate to speak with one of our experienced personal injury attorneys.

They can examine all of the facts of your case and let you know if you have a claim that can be pursued. Call today for a risk free legal consultation at 800-529-9997.

Liability For Babies Injured By Enfamil and Similac Baby Formula

NEC is thankfully quite rare. According to WebMD, “It affects just one in 2,000 to 4,000 births. It can happen with any newborn baby, but it’s most common in premature babies who weigh less than 3.25 lbs.” But it’s not just premature babies that are affected. Infants whose mothers had a difficult delivery are more prone to develop NEC. Infants with high levels of red blood cells or who had existing gastrointestinal infections are also at heightened risk. There are a number of symptoms that parents should look out for that may be signs of NEC.

  • The infant may have a swollen or bloated belly.
  • Feedings may stay in the stomach and not move properly through the intestines.
  • The infant may have bloody poop.
  • The infant may have trouble breathing, a low heart rate or show signs of fatigue.

If you suspect that your child may have NEC or some other gastrointestinal issue, it’s best to get an official diagnosis from a pediatrician. The doctor will perform x-rays of the child’s abdomen to determine if there are gas or air bubbles in the wall of their intestines. The doctor may also pierce the child’s stomach with a needle. If fluid leaks from the hole, this could point to a hole in the lining of their intestines. A low white blood count could also, potentially, point to NEC. What follows below are just a few of the baby formulas mentioned in the lawsuits filed thus far.

  • Similac Special Care
  • Similac Human Milk Fortifier
  • Similac NeoSure
  • Similac Alimentum
  • Enfamil Human Milk Fortifier Powder
  • Similac Special Care 30
  • Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
  • Enfacare Powder

Stated plainly, all companies that develop consumer goods or drugs have a legal obligation to make their goods reasonably safe. They must test their goods and products in all of the plausible ways that they will be used. Companies must also warn about the non-obvious  dangers associated with the use of their goods. Failing to warn consumers about a potentially dangerous product is a major problem. The lawsuits that have been filed thus far against Enfamil and Similac allege that the companies knew about the dangers and failed to warn parents. One study in the Journal of Pediatric Research found that, “Premature infants fed formula are more likely to develop necrotizing enterocolitis (NEC) than those who are breastfed.”

Despite this, Enfamil and Similac have put no warning on their cow’s milk-derived infant formulas. Enfamil and Similac have funded their own clinical trials that have downplayed the potential health risks of their products. But the findings of the trials were flawed in many ways. According to one study published in the British Medical Journal, “The results show that formula trials lack independence or transparency, and published outcomes are biased by selective reporting.” There are a number of steps that should be taken if you believe your child has developed or may develop NEC.

  • Take them to a medical professional as soon as possible – the earlier the better.
  • Preserve all medical records related to their treatment if they do develop NEC.
  • Keep track of any evidence related to the purchase of the baby formula you’ve used.
  • Speak with an experienced product liability attorney.

The family of any child that is killed or injured after developing Necrotizing Enterocolitis (NEC) may have legal recourse through a civil claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Many children who suffer from this horrific disease can endure life-long complications. Sadly, Enfamil and Similac have already shown that they will fight tooth and nail to deny responsibility for the injuries linked to their baby formulas. A personal injury attorney can examine all of the unique facts of your case and let you know what your legal options are.

Getting Help After Your Child Has Been Injured By A Baby Formula

Best Lawyers: Edward Gersowitz, Jeff Korek and Michael Fruhling - Partners
Best Lawyers: Edward Gersowitz, Jeff Korek and Michael Fruhling – Partners

We at Gersowitz Libo & Korek, P.C. extend our best wishes to all of the families and children who have been injured after taking baby formula from Enfamil and Similac. It is truly unfortunate that many companies are continuing to put a greater focus on profits instead of the safety of their products. There needs to be some accountability for the sake of all of the victims.

Has your premature baby been diagnosed with Necrotizing Enterocolitis (NEC)? It may be linked to baby formula manufactured by Enfamil or Similac. Our team of personal injury attorneys are here to help in any way that we can. We care deeply that families and infants are protected and that they get the justice they deserve. Whether you just have legal questions or need a free, independent investigation into your child’s health condition we are here for you. You can reach out to us anytime at  (516) 908-9792.

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Jeff Korek

Jeff S. Korek

Senior Trial Partner​

Jeff S. Korek joined Gersowitz Libo & Korek, P.C. in 1992 as the Senior Trial partner. Known for his meticulous preparation and dedication to his clients, Jeff has obtained some of the state’s highest verdicts and settlements.