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Similac NEC Baby Formula NEC Lawsuit

This page is about Similac NEC baby formula lawsuits. Our lawyers provide information on:

  1. how Similac (and Enfamil) causes NEC,
  2. the status of the Similac NEC lawsuits and where this litigation is going, and
  3. the potential settlement value of Similac baby formula lawsuits for injuries and wrongful death for premature babies suffered from NEC.
This page is update frequently with the latest updates in the baby formula litigation. The last update as on November 13, 2021.

Similac Lawsuits for Causing NEC in Premature Infants

Similac lawsuits have been filed around the country alleging that the popular cow-milk-based baby formula has caused many premature infants to develop a serious gastrointestinal infection called necrotizing enterocolitis (NEC).

Miller & Zois is currently investigating potential Similac lawsuits against the formula manufacturer, Abbott Laboratories Inc., for failing to warn about the risks of NEC associated with Similac. Parents who bring a successful baby formula NEC lawsuit could receive significant financial compensation. Below, our baby formula lawyers talk more about potential settlement amounts in the Similac NEC lawsuits.

Similac Can Cause Increased Risk of NEC in Premature Infants

Similac is a very popular brand of infant formula that is made from cow milk and given to newborns as a substitute for human breast milk.

Medical research and clinical studies have established that giving cow milk formulas such as Similac to premature infants significantly increases their risk of a dangerous bowel infection called necrotizing enterocolitis (NEC).

NEC is a very serious bacterial infection in the gastrointestinal system of infants that can cause rapid decay and death of tissue in the baby’s inner intestinal walls. NEC can develop in the small or large intestine and the necrotizing infection originates in the inner lining of the intestinal walls and eventually impacts the entire thickness of the intestine.

NEC cases range in severity. Some cases of NEC can be very mild and cause only mild discomfort. A certain percentage of NEC cases are very severe and potentially life-threatening for the baby. NEC causes severe inflammation of the bowels and pain. If not immediately treated, serious cases of NEC can cause a perforation or hole to form in the intestinal wall as the tissue dies.

If NEC causes a perforation in the intestine, it can be very dangerous and possibly fatal for the baby. The perforation allows harmful bacteria from inside the intestine to leak out into the abdominal cavity. This can rapidly progress into a widespread internal infection and eventually cause a deadly bloodstream infection called sepsis.

The scientific evidence linking NEC to Similac dates back over 30 years, but recent research has conclusively confirmed that premature babies who are given Similac (or other cow-milk-based formulas) have a significantly higher risk of NEC compared to those who are fed with breast milk. Premature babies who are fed with a cow-milk formula such as Similac, are ten times more at risk for developing NEC than those fed with breast milk.

This has led the American Academy of Pediatrics and many other prominent public health organizations to strongly caution against feeding Similac or other cow-milk formulas to premature infants.

The Manufacturer of Similac Deliberately Failed to Warn About the Risk of NEC

The Similac brand of infant formula is manufactured and sold by Abbott Laboratories Inc. (“Abbott”). Abbott has been fully aware of the evidence linking Similac to higher rates of NEC in premature infants. Despite being aware of this scientific evidence, Abbott has failed to include any type of warning label on their Similac products cautioning doctors and parents about the increased risk of NEC associated with Similac and premature infants.

As a product manufacturer, Abbott has a legal obligation to warn about known risks and dangers associated with its product. It appears that Abbott has made a deliberate choice not to include any warnings about NEC on its product labeling for Similac, presumably to avoid any negative impact on the marketability of Similac. Abbott’s failure to warn about NEC is the basis of the legal claims in the Similac NEC lawsuits being filed against the company.

NEC Baby Formula NEC Lawsuit Status of Similac Lawsuits

We are still in the early stages of litigation involving Similac and the increased risk of NED in premature infants. New Similac NEC lawsuits are being filed against Abbott in courts around the country. Our Similar baby formula attorneys are accepting new cases in all 50 states.

These Similac lawsuits are primarily asserting product liability claims against Abbott based on negligent failure to warn and strict product liability.

As the NEC baby formula lawsuits continue to grow, it is likely that all pending Similac lawsuits in the federal courts will be consolidated into a new “class action” MDL (multi-district litigation). MDLs in mass tort product liability litigation is similar to traditional class actions, except that the cases remain separate and are only consolidated for pretrial discovery. Historically, a class action in meritorious cases with high damages and good evidence of the defendants responsibility is a pathway to a global settlement?

How Much Will Similac Lawsuits Be Worth in Settlement?

We are still in the very earliest stages of the Similac NEC litigation. None of the baby formula NEC lawsuits have been settled or gone to trial yet. This makes it very difficult to speculate on the potential settlement value of these cases. Our baby formula lawyers can, however, look at settlements and verdicts in recent medical malpractice lawsuits in which the primary injury was NEC in a premature infant.

That Said, What Do You Expect Similac Baby Formula Lawsuit Settlement Amounts to Look Like?

The average verdict or settlement amount in the seven most recent malpractice lawsuits our lawyer found for NEC in premature infants was around $3.5 million. The median amount of money awarded in these 7 NEC cases was $1.3 million. So our baby formula lawyers think the trial value is probably higher than this because Abbott and Mead are a lot sympathetic than doctors and nurses.

Settlement amounts of what will likely become a class action lawsuit are invariably lower than the trial value. So, with the caveat that it is early and there is still a great deal of information to be uncovered, our attorneys predict a per person average settlement value of the Similac NEC lawsuits in the $300,000 to $800,000 range, depending upon the severity of the baby's injuries.

Contact Our Similac NEC Lawyers Today

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 lawyer to talk about how we can help your family at 800-553-8082 or get a free online case evaluation.

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