Baby Formula/NEC Mass Tort Marketing Campaigns

Necrotizing enterocolitis is a serious and often life-threatening condition that primarily affects premature infants. It occurs when a portion of the baby’s intestinal tissue becomes inflamed and starts to die. This inflammation can lead to a perforation, or hole, in the intestine, allowing bacteria to leak into the abdomen or bloodstream, which can cause severe infection or even death.

NEC is one of the most common gastrointestinal emergencies in premature babies, typically developing within the first two weeks of life. The condition is often associated with a range of symptoms that can be distressing for both the infant and their family. Common symptoms of NEC include a swollen or bloated abdomen, difficulty feeding, vomiting, diarrhea, and changes in the baby’s breathing, heart rate, or blood pressure. Babies with NEC may also appear lethargic, have a lower-than-normal body temperature, and display signs of infection, such as a pale or bluish skin tone. Moreover, babies who develop NEC may experience long-term health complications, including intestinal strictures, short bowel syndrome, and developmental delays.

The exact cause of NEC isn’t fully understood. However, many doctors believe it’s linked to the underdevelopment of the intestines in premature infants, which makes them more vulnerable to infection and inflammation.

Research has increasingly highlighted a concerning link between NEC and cow’s milk-based baby formula, particularly in premature infants. Premature babies have underdeveloped digestive systems, making them more vulnerable to infections and gastrointestinal complications like NEC. Cow’s milk-based formulas contain proteins and other ingredients that can be difficult for these infants to digest. This difficulty can cause inflammation in the intestines, which may increase the risk of developing NEC.

One of the most significant early studies on this topic was published in The Lancet in 1990. The study suggested that ingredients in cow’s milk-based formula might make premature babies more susceptible to NEC. The research indicated that babies fed cow’s milk-based formula were at a higher risk of developing NEC compared to those fed breast milk or specialized formulas designed for premature infants. Since then, numerous studies have supported these findings, consistently showing a higher incidence of NEC in infants fed with cow’s milk-based formulas.

These studies have led to growing concerns among healthcare professionals and parents alike, prompting calls for greater caution in using cow’s milk-based formula in neonatal care, especially for premature babies. As awareness of this link has grown, so has the number of families seeking legal recourse for the harm caused to their children, leading to the current wave of NEC-related mass tort litigation.

The ongoing mass tort litigation surrounding NEC and cow’s milk-based baby formula has gained significant traction in recent years. Plaintiffs have filed numerous lawsuits against major formula manufacturers like Mead Johnson Nutrition Company, the maker of Enfamil, and Abbott Laboratories, the maker of Similac. These lawsuits primarily target these companies for their alleged failure to warn parents and healthcare providers about the heightened risk of NEC in premature infants who consume their cow’s milk-based formulas.

The plaintiffs in these cases argue that the manufacturers knew or should have known about the risks associated with their products but failed to provide adequate warnings. Instead, they marketed their formulas as safe for premature infants, despite growing evidence that these products could contribute to the development of NEC.

One of the most significant developments in this litigation occurred in March 2024, when an Illinois jury awarded a family $60 million in damages after finding Mead Johnson Nutrition Company liable for failing to warn about the risks of NEC associated with Enfamil. This landmark verdict has set a precedent and has encouraged more families to come forward with their claims.

As these lawsuits unfold, the focus remains on holding these major companies accountable for the harm caused to vulnerable infants and seeking justice for the families affected by this devastating condition. The litigation is expected to grow as more families learn about the potential link between cow’s milk-based formulas and NEC.

Families affected by NEC deserve aggressive and committed legal representation to help them seek justice and accountability. With TSEG’s expertise, your firm can effectively reach the right audience, build a strong case portfolio, and help secure justice for families affected by NEC. Contact us today at (512) 394-7234 to learn more about our services and how we can help your firm join this growing litigation effort.