Similac NEC Lawsuit

Many lawsuits have been filed across the USA against Similac manufacturer Abbot Laboratories. The suits are for injury and death related to necrotizing enterocolitis (NEC) and claim that Similac baby formula has caused this condition.

Last Updated: November 15, 2022

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What is a NEC Lawsuit?

Dickey Law Firm is currently investigating and filing baby formula lawsuits against Abbott Laboratories for failing to warn about the risks of NEC.

If you have a baby born premature (around 21-37 weeks gestation) and used Similac formula or Enfamil, you may have a legal claim.

If your child developed NEC or other digestive problems that required surgery or hospitalization, it might be related to cow-based proteins in Similac formula.

Similac increases the risk of NEC in premature infants

In a recent medical meta-analysis, researchers found that premature infants fed Similac had an increased risk of developing Necrotizing Enterocolitis (NEC).

NEC is characterized by tissue death in all or part of the intestines

Researchers analyzed studies on the interaction between Similac and NEC. They found that premature infants fed Similac had much higher rates of NEC than those who were not. This evidence suggests that infants may be at an increased risk for NEC if fed Similac.

Why is Similac dangerous for premature babies?

Early-stage infant formulas are becoming more popular with replacing human breast milk. They are marketed heavily to emphasize their safety and convenience.

Similac and its main competitor Enfamil are the most popular formula brands and have negotiated distribution arrangements with many hospitals.

Unfortunately, giving premature babies cow milk formulas such as Similac can cause serious health problems. According to a study published in Pediatrics, Bovine (cow) formulations have been linked to increased gut inflammation and necrotizing enterocolitis.

NEC is a life-threatening bacterial infection caused by necrotic lesions of the gastrointestinal system of infants. It can develop to rapid decline and death of tissue in the internal intestinal walls.

NEC typically develops inside the large bowel, starting from inside the bowels. The mild cases are more common and may only cause minor discomfort. In contrast, severe cases can be life-threatening for babies.

NEC can lead to holes in the intestinal wall

The perforation allows harmful bacteria to leak out of the intestines. If NEC ruptures the intestine, it can be fatal to your baby. If symptoms turn worse, it may result in widespread infection entering the bloodstream, called sepsis.

Feeding a premature baby cow milk formula such as Similac increases the risk of developing necrotizing enterocolitis 10x more than those fed breast milk. The American Academy of Pediatrics (AAP) and many other health organizations oppose feeding Similac or different cow-milk formula to premature infants because it could harm their development.

Abbot Laboratories failed to warn parents about NEC

Similac is manufactured by Abbott Labs, which has been aware of its dangers to premature babies since the 1990s. The company still marketed Similac to the unsuspecting parents of preemies, hoping to establish brand loyalty before the newborn was released from the hospital. This practice sold billions of formulas while putting children's health at risk.

Abbott Laboratories has a responsibility as a company that makes goods to inform its customers of the risks involved with the product. Abbott has not included any warnings about NEC to avoid harming marketability.

Status of Similac Baby Formula Litigation

Every week more lawsuits are being filed across the country, targeting Abbot Laboratories for failing to provide warnings about side effects or defects in their formula.

If the number of cases against Enfamil continues to increase, federal courts will likely designate them as multidistrict litigation (MDL). As opposed to class action lawsuits, each person would be represented individually and handled separately in court.

Find out instantly how much your potential case could be worth by filling out our Free NEC Case Value Calculator.

Value of your Similac Lawsuit

Because this type of litigation is new, there is little data to estimate what kind of settlements might be offered. Much of your result will depend on how much the Similac formula harmed your child.

Medical malpractice involving NEC injuries in infants has been pursued with settlements of one to four million dollars. Still, they have almost always been against medical professionals, which is a more sympathetic group for a jury.

Your family's claim against Abbot Laboratories is a product liability case against a large corporation that ignored its responsibility to warn about its dangerous products.

Cases involving infants who are injured often result in more significant compensatory damages. Punitive damages (damages designed to punish the manufacturer) may also be awarded.

Our job as your attorney includes documenting the physical and emotional repercussions of the injuries to your child. Our medical experts will confirm the damage using Similac might have caused, including developmental delay, emotional damage, and more.

We want to ensure you have the monetary compensation for any necessary treatment and long-term care for their injuries. We will get you the funds you need to care for your child and family.

Please consult our Monetary Case Value Calculator for an approximate value of your baby formula case. Please call us to discuss your child's claim in more detail.

Statute of Limitations for Similac Lawsuits

The deadline for filing a Similac NEC Baby Formula lawsuit is fast approaching. However, the deadlines for Enfamil baby formula claims vary significantly depending on your state's statute of limitations and discovery rules; it may be too late to file a claim unless you act quickly.

Only an experienced attorney can determine how to apply the law to your family's situation.

It is not too late to help your child, even teenagers or young adults. Abbott labs have been proven guilty of selling defective baby formula as early as the 1990s.

Please don't wait too long to take action because eventually, the court could decide it's too late to file your claim. We are honored to talk with you and take immediate action for your family.

Frequently Asked Questions

What if I don’t know what baby formula my child received?

You do not have to know what formula or nutritional supplement the hospital gave to file a claim. Our law firm will order your infant’s treating hospital’s medical and nutritional records. Our expert doctors and nurses will help you get the answers you need to file a baby formula case.

What if my child died several years ago?

Tragically, thousands of premature infants have died from NEC since the 1990s. This condition can be caused by cow-based baby formulas like Similac and Enfamil. If your child was premature and received formula or nutritional supplements, their death may be related to these products. Even if their death happened several years ago, Dickey Law Firm can have your child’s records reviewed by a medical expert and get you answers.

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