lawyer who sued baby formula company

by Prof. Eve Dach I 7 min read

Do I have a baby formula lawsuit?

Oct 15, 2021 · December 5, 2021 Update: As more victims look to file an NEC lawsuit against infant formula manufacturers, the maker of Similac (Abbott Laboratories) is now defending a related consumer class-action lawsuit alleging it made false and misleading comparisons between Similac Pro Advance and breast milk. Plaintiffs filed this new necrotizing enterocolitis …

Who is the defendant in the Similac baby formula lawsuit?

Do I have a Baby Formula Lawsuit? The Schmidt Firm, PLLC is currently accepting baby formula induced injury cases in all 50 states. If your baby was born preterm or prematurely and developed Necrotizing Enterocolitis (NEC) after being fed baby formula in the NICU, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our …

Are there any NEC baby formula product liability lawsuits?

Oct 18, 2021 · The product liability lawyers at Miller & Zois are actively seeking Similac NEC lawsuits from parents of premature infants who were fed with Similac (or another cow milk-based formula) and subsequently developed NEC. Call a Similac lawyer to talk about how we can help your family at 800-553-8082 or get a free online case evaluation. Contact Us

How can a baby formula lawyer help you?

Apr 05, 2022 · Our law firm is currently seeking new preemie baby formula lawsuits to represent families who have suffered as a result of this infant formula. Our NEC formula lawyers are bringing lawsuits against the baby formula manufacturers. You can call our baby formula lawyers today in all 50 states at 800-553-8082. Time may be limited to bring an NEC lawsuit.

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What baby formula is under lawsuit?

Parents are suing Enfamil manufacturer Mead Johnson and Similac manufacturer Abbott Laboratories because they knew or should have known their baby formula products could cause necrotizing enterocolitis (NEC) in premature infants. Manufacturers failed to warn parents and medical providers about the risk.

Which Similac formula is in the lawsuit?

There was a Similac recall on February 18, 2022. This recall is for Similac, EleCare, and Alimentum manufactured in Sturgis, Michigan. This Similac recall comes on the heels of reports of Cronobacter sakazakii or Salmonella Newport in infants who had consumed these baby formula products made at the Michigan facility.

Is the NEC lawsuit real?

The exact cause of NEC is not fully understood, but there are many scientific and clinical studies definitively proving that cow-milk-based infant formulas, such as Similac and Enfamil, significantly increase the risk of a premature infant developing NEC. But the risk of NEC with premature babies has long been clear.5 days ago

Why Enfamil is getting sued?

Enfamil lawsuits are legal claims against Mead Johnson Nutrition for defective design and failing to warn consumers that its baby formula can cause preterm infants to get necrotizing enterocolitis (NEC). This serious gastrointestinal illness can result in lifelong complications and even death.Feb 18, 2022

Why was Similac recalled?

"At this time, Similac PM 60/40 with lot code 27032K80 (can) / 27032K800 (case) are the only type and lots of this specialty formula being recalled," the FDA said. The recall comes after the CDC announced that another infant who had been exposed to the formula was infected with Cronobacter sakazakii.Mar 2, 2022

What formula is being recalled 2022?

Similac, Alimentum, and EleCare powdered formula products recalled on February 17 have all three of these conditions: First two digits of the code are 22 through 37, AND. on the container contains “K8,” “SH,” or “Z2,” AND. Use-by date is 4-1-2022 (APR 2022) or later.Mar 25, 2022

Does Enfamil cause NEC?

Enfamil Increases the Risk of NEC in Premature Infants A growing body of scientific evidence has proven cow milk formulas like Enfamil significantly increases the risk of a life-threatening bowel infection called necrotizing enterocolitis (NEC) when given to premature infants.

How much is the NEC lawsuit worth?

around 3.5 million dollarsTo date, the average verdict or settlement of an NEC baby formula lawsuit is around 3.5 million dollars.Dec 9, 2021

How much is the lawsuit for NEC?

The settlement amounts in these NEC lawsuits could be in the $250,000 to $750,000 range. In cases where the child endured a great deal of suffering but ultimately recovered, the the necrotizing enterocolitis compensation payouts may still be high.

Is there a lawsuit on Enfamil?

Parents are now filing infant formula lawsuits across the country. These lawsuits allege that Mead Johnson failed to properly warn parents, physicians, and medical staff that Enfamil could significantly increase the risk of death or NEC in premature infants.

Is Enfamil being recalled 2022?

16, 2021, and Jan. 4, 2022. The recalled formula products were sold across the United States and in some other countries, according to the FDA. To identify them, look at the lot code, a multidigit number on the bottom of the container.Mar 2, 2022

Is there a recall on Enfamil 2022?

The FDA is advising consumers to not use Similac, Alimentum, or EleCare powdered infant formulas if: The first two digits of the code on the container are 22 through 37. The code contains K8, SH or Z2. The expiration date is April 1, 2022, or later.Mar 2, 2022

Who Is Eligible for a Necrotizing Enterocolitis Lawsuit?

Our infant formula attorneys are reviewing NEC lawsuits for families who have children that were: Using Similac or Enfamil formula Born prematurely...

Is There a Class Action Lawsuit for Baby Formula and NEC?

A class action lawsuit or MDL has not yet been formed for the NEC baby formula lawsuits. But this inchoate litigation is just getting underway. As...

Has There Been an Enfamil or Similac Recall?

There has not been a recall for Enfamil or Similac. Our baby formula lawyers are not calling for a recall. Instead, our attorneys argue that this i...

What Settlement Amounts are Expected in NEC Infant Formula Lawsuits?

The NEC infant formula lawsuits are just getting started. But we can estimate settlement amounts and compensation payouts from juries at trial by l...

Why the NEC Formula Lawsuits Might Have Higher Trial and Settlement Amounts?

Now keep in mind all those NEC settlements and verdicts were lawsuits were brought against doctors and hospitals. These are typically sympathetic d...

What Will Be the Most Important Factor in NEC Infant Formula Settlement Amounts?

The cases with the highest value settlement amounts or trial value if this litigation is successful is the case where the child needs ongoing care...

How Long Will It Take to Settle the Necrotizing Enterocolitis Lawsuits?

The NEC infant formula litigation is just beginning. So also take predictions as to when you can expect settlement payouts with a grain of salt. B...

What is NEC in Newborns?

NEC is a very serious bacterial infection that can develop in the gastrointestinal system of newborn infants. It primarily occurs in premature or u...

What Are Expected NEC Baby Formula Lawsuits Settlement Compensation Amounts?

These NEC baby formula product liability lawsuits are new. But families have been filing medical malpractice lawsuits in necrotizing enterocolitis...

Will the Necrotizing Enterocolitis (NEC) Baby Formula Lawsuit Become a Huge Class Action Lawsuit?

No, the NEC baby formula lawsuits will not become a huge class action lawsuit. Thankfully, there number of victims is relatively small. NEC is rare.

What You Can Do & How We Can Help

The Schmidt Firm, PLLC is currently accepting baby formula induced injury cases in all 50 states. If your baby was born preterm or prematurely and developed Necrotizing Enterocolitis (NEC) after being fed baby formula in the NICU, you should contact our lawyers immediately for a free case consultation.

2022 UPDATE: Similac, Alimentum, EleCare Baby Formula Recalled After Deadly Infection Outbreak

In February 2022, a recall was issued for Similac, Alimentum and EleCare powdered baby formula from a facility in Sturgis, Michigan, after the products were linked to a deadly infection outbreak.

Baby Formula Lawsuits for NEC

For more than 30 years, the manufacturers of baby formula have known that it can significantly increase a premature baby’s risk of Necrotizing Enterocolitis (NEC), a life-threatening intestinal disease.

Baby Formula Lawsuits Accuse Manufacturers of Failing to Warn About NEC

In recent years, a growing number of lawsuits have been filed by angry parents who accuse baby formula companies of downplaying the deadly risks of giving cow’s milk-based formula to an infant.

What Do the Labels Say?

The label on Similac has no warnings about NEC, and only a vague warning that “very low birth-weight infants are particularly susceptible to gastrointestinal complications.” The label on Enfamil does not include a single warning about NEC or other intestinal complications.

Are Lawsuits Being Filed Against NICU Doctors or Nurses?

No. Doctors and nurses in the Neonatal Intensive Care Unit (NICU) are not being sued. Instead, baby formula lawsuits are specifically targeted at manufacturers who are intentionally not warning about the dangers of feeding their products to preterm babies.

Similac Lawsuits

Similac lawsuits are being filed against Abbott Laboratories, Inc., the company that manufacturers and advertises all Similac infant formula, including products for premature infants.

Baby Formulas Are Linked to NEC in Premature Babies

Babies born prematurely require extra nutrition to boost their development and growth.

What is NEC in Newborns?

NEC is a very serious bacterial infection that can develop in the gastrointestinal system of newborn infants. It primarily occurs in premature or underweight infants.

NEC Is Life-Threatening

Even a mild case of NEC can be very dangerous and potentially life-threatening for a premature baby. Between 15-40% of premature infants with NEC die. The main reason for this is that NEC can lead to a fatal blood infection called sepsis.

NEC Consequences

Even when NEC is not fatal, it can cause other long-term or permanent complications and adverse health consequences. 1 of every 3 babies with NEC will develop intestinal strictures.

NEC in Premature Infants Caused by Enfamil or Similac

NEC only occurs in 1 out of every 2,000 full-term live births in the U.S. In premature births, however, the condition is much more common. NEC occurs in about 10% of all premature babies (born 37 weeks or earlier).

New NEC British Medicine Study

A new study published on October 14, 2021, in the British Medical Journal will add new fuel to any necrotizing enterocolitis formula lawsuit. The study suggests that the makers of infant formulas such as Similac and Enfamil have funded biased and unreliable clinical product trials.

Makers of Similac and Enfamil Failed to Warn About the NEC Risks

Similac is manufactured and sold by Abbott Laboratories Inc ., a large medical device and health care product company based in Illinois. You have likely heard of them. You are less likely to have heard of Mead Johnson Nutrition Company, the company that makes Enfamil. But it is a 16 billion-dollar company.

Infant Formula Linked to Dangerous Condition Affecting Premature Babies

Unfortunately, studies have demonstrated that certain cow’s milk-based baby formulas might be doing these babies more harm than good. In particular, there are links to a crippling disease called Necrotizing Enterocolitis (NEC).

NEC Lawsuit Updates - February 2022

February 18, 2022 - FDA warns against powdered infant formula. Abbott recalls products. Three types of baby formula are being recalled after reports of bacterial infections.

Necrotizing Enterocolitis Poll 2022

We asked a group of 173 NEC (Necrotizing Enterocolitis) parents: How many weeks gestation was your baby born?

About NEC Lawsuit

Two of the most prominent baby formula producers in the United States – Abbott Laboratories and Mead Johnson & Company – have had NEC lawsuits filed against them. The lawsuits claim that Abbot Laboratories’ product Similac and Mead Johnson’s Enfamil should have carried warning labels to make parents aware of the dangers to their newborns.

What is Necrotizing Enterocolitis (NEC)?

NEC is a gastrointestinal disease that causes inflammation and perforations (holes) in the intestines. This can lead to further problems when bacteria leaks through the hole and stomach and into the bloodstream. While NEC is always described as a “serious” illness, symptoms can range from mild to life-threatening.

What Babies Get Necrotizing Enterocolitis?

NEC is mostly associated with preterm babies (around 9 out of 10 NEC cases are found in preterm babies), particularly those born before 28 weeks, but it can also occur after a child has received a blood transfusion or when the child is fed through the stomach (enteral nutrition).

Necrotizing Enterocolitis Stages

Stage: IB Classification: Suspected NEC Systemic signs: Temperature instability, apnea, bradycardia, lethargy Intestinal signs: Bright red blood from rectum Radiologic signs: Normal or intestinal dilation, mild ileus

Contact Morgan & Morgan

In the most difficult moments of your life, Morgan & Morgan has your back.

Is There a Lawsuit Against Baby Formula Products?

To date, multiple lawsuits have been filed by parents after their children developed necrotizing enterocolitis by ingesting either Similac or Enfamil baby formula.

What Is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis is a digestive disease that occurs primarily in premature infants and can cause inflammation of the intestinal lining, which can eventually lead to serious infections.

What Baby Formula Products Can Cause NEC?

According to the scientific study, Similac and Enfamil products have been linked to digestive disease.

Which Baby Formula Manufacturers Are Being Sued?

Abbott Laboratories, the maker of Similac, and Mead Johnson and Company, the company behind Enfamil, are currently being sued by parents whose children developed health issues after ingesting their baby formula products.

Can Baby Formula Cause NEC?

While not all baby formula products carry a risk of digestive disease, some cow milk-based products made by Enfamil and Similac do pose a risk to a child’s health. If you have any of the following products in your home, you should dispose of them and find a safer alternative for your child:

Who Is at Risk for NEC?

NEC primarily affects prematurely born infants, children born under 3.25 pounds, and newborns who are fed formula in their early life. The condition only occurs in every 2,000-3,000 births, but it’s especially dangerous to infants, as their immune systems have not developed enough to fight off harmful bacteria.

Who makes Neocate infant formula?

Neocate infant formula is made by Nutricia, a global company specializing in medical foods for people with allergies, metabolic conditions, and gastrointestinal disorders. Nutricia North America was established in 1983 and is headquartered in Rockville, Maryland. Nutricia North America is owned by parent company Groupe Danone based in Paris, France.

What is the Neocate lawsuit?

On a broader level, Neocate lawsuits inform other concerned parents and child advocates of dangers in the marketplace, while sending a message to regulators and manufacturers that we will not tolerate reckless disregard for safety in product development.

What is Neocate formula made of?

The amino acid-based formula is made from a basic, easily-digested, easily-absorbed protein to avoid triggering an allergic reaction. In addition to its line of infant formulas, Neocate also offers products for elementary school-aged children with food allergies up to age 12.

Is there a MDL for Neocate?

If no universal settlement agreement is reached through this process, the individual lawsuits may return to their court of origin for trial. No MDL has yet been formed for Neocate baby formula lawsuits, though consolidation is a possibility in the future. A Neocate MDL would differ from a Neocate class-action lawsuit.

What is infant formula?

Federal Food, Drug, and Cosmetic Act (FFDCA) [ 10 ] defines infant formula as "a food which purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk".

What happened to the Similac formula?

September 2010 – Abbott Laboratories recalled its Similac formula recall after the FDA said the product could cause internal discomfort and could lead infants to refuse to eat. Affected products included powdered formula (not liquid Similac), and were sold in either in plastic containers or in specific size cans including 8-ounce, 12.4-ounce, and 12.9-ounce cans.

When was ABC Dophilus recalled?

November 2014 – Three lots of the probiotic ABC Dophilus were recalled in Nov. 2014 when a premature baby died after being given the supplement in a hospital , according to the U.S. Centers for Disease Control and Prevention (CDC). The agency determined that the affected product contained Rhizopus oryzae, a fungus that can cause a severe infection of the sinus, lungs, intestines and skin called mucormycosis.

What is rhizopus oryzae?

Rhizopus oryzae is a common fungus found in decaying organic matter like leaves and rotting wood. An outbreak of mucormycosis of the skin caused by rhizopus oryzae occurred during the cleanup of the Joplin, Missouri tornado in 2011. According to a Solgar spokesperson, because the fungus is so ubiquitous, “the exact source of where this mold came from is extremely difficult to determine.” ABC Dophilus is made for Solgar by a contract manufacturer, but the company declined to name its supplier.

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