Disclaimer: Note that the firm is no longer accepting cases for the anti-psychotic medication Abilify or Tylenol autism cases. Thank you.
Select Page

Baby Formula Linked to Higher Rates of Necrotizing Enterocolitis in Infants

 Litigation 

This litigation surrounds defendants that knew their baby formulas cause necrotizing enterocolitis in infants and newborns. 

 

Necrotizing Enterocolitis (NEC)

According to kidshealth.org, necrotizing enterocolitis is the most common and serious intestinal disease among premature babies. It happens when tissue in the small or large intestine is injured or inflamed. This can lead to the death of intestinal tissue and, in some cases, a hole (perforation) in the intestinal wall.

In NEC, the intestine can no longer hold waste. So bacteria may pass into the bloodstream and cause a life-threatening infection. Waste may pass into the baby’s abdomen and make the baby very sick. Portions of the injured intestine may die and need to be removed.

 

Types of NEC

There are four different types of NEC: classic, transfusion-associated, atypical, and term infant. Each of these types of NEC is a qualifying injury that will be available for litigation against the infant formula manufacturers.

 

Warnings from Authorities on the Matter

In 2011, the U.S. surgeon general acknowledged that “for vulnerable premature infants, formula feeding is associated with higher rates of necrotizing enterocolitis.” Additionally, the American Academy of pediatrics essentially said that all preterm infants should be fed mother’s milk or pasteurized human donor milk.

 

Defendants 

The defendants are Abbott Laboratories of Delaware and Illinois and Mead Johnson & Co., LLC., of Delaware, Illinois, and Indiana. Additionally, Mead Johnson nutrition company is an exclusive sole member of Mead Johnson & Company LLC. Both of the defendants used cow milk as the base for formulas such as “special care,” and “neo sure.” Both types of formulas used cow’s milk rather than human milk or a human type of suitable alternative. Each of the companies knew exclusively of the danger associated with necrotizing enterocolitis from previous warnings and studies. However, the defendants chose to market and distribute the formulas anyway.

 

Statute of Limitations

The statute of limitations to bring a lawsuit against the two defendant parties all have minor tolling, except for Connecticut, Delaware, Florida, and Tennessee. Illinois has the discovery rule for the statute of limitations in their particular state.

 

Injury Criteria 

Currently, the injury criteria are premature birth of fewer than 37 weeks of the gestation period and a diagnosis of necrotizing enterocolitis. You may qualify for the litigation if your infant has the above symptoms and injury, and was fed Enfamil formula, Enfamil human milk fortifier, Similac formula, or Similac human Mill Fortifier.

 

Michael Brady Lynch Firm

Here at the Michael Brady Lynch Firm, we are the experienced mass tort, multidistrict (MDL) litigators in the United States. If you or a loved one has been injured, please give us a call at 888-585-5970.

Ozempic Lawsuit 2024: The Latest Updates

Ozempic Lawsuit 2024: The Latest Updates

The FDA has approved Ozempic, a medication manufactured by Dutch company Novo Nordisk, for treating type 2 diabetes. Many healthcare providers also prescribe Ozempic to their patients for weight management purposes. This is because the medication’s active ingredient, semaglutide, has been approved for weight loss treatments.

read more
PFAS Lawsuit Update: March 2024

PFAS Lawsuit Update: March 2024

Suboxone, a medication approved by the FDA for the treatment of opioid addiction, has garnered significant attention not just within medical circles but also in legal domains. Composed of buprenorphine and naloxone, Suboxone has been lauded for its effectiveness in reducing opioid withdrawal symptoms and cravings. However, its rise in use has been shadowed by a growing concern over its potential for abuse, dependency, and the risk of serious side effects.

read more
Cruise Ship Sexual Assault Prevention

Cruise Ship Sexual Assault Prevention

The cruising industry is booming, with new cruise ships being built and sailing away from Florida ports each year. While cruising is a relatively safe vacation, unfortunately, things don’t always go as planned. Crimes happen on cruise ships, just as they do anywhere else. Sexual assault is the most common crime reported on cruise ships. In 2023, there were 131 reports of sexual assault and rape on cruise ships.

read more
The Dangers of Suboxone and Emerging Lawsuits

The Dangers of Suboxone and Emerging Lawsuits

Suboxone, a medication approved by the FDA for the treatment of opioid addiction, has garnered significant attention not just within medical circles but also in legal domains. Composed of buprenorphine and naloxone, Suboxone has been lauded for its effectiveness in reducing opioid withdrawal symptoms and cravings. However, its rise in use has been shadowed by a growing concern over its potential for abuse, dependency, and the risk of serious side effects.

read more
Cruise Ship Sex Assaults

Cruise Ship Sex Assaults

Sexual abuse and assault aboard cruise ships is a pressing issue that continues to plague the cruise industry, raising concerns about the safety and security of passengers and crew members on these vessels. Despite many viewing cruises as idyllic getaways, the unfortunate reality is that incidents of sexual violence can and do happen, often with complications due to the international waters and jurisdictions in which these ships operate.

read more
Mental Health Concerns Prompt Social Media Lawsuits

Mental Health Concerns Prompt Social Media Lawsuits

Reports indicate that 90% of teens ages 13 to 17 are active on social media and spend upwards of nine hours on the internet a day. Although modern technology has many benefits to offer our society, research indicates that excessive social media use negatively affects the mental health of teenagers and young adults

read more
The Talcum Powder Lawsuit – A Legal Overview

The Talcum Powder Lawsuit – A Legal Overview

In recent years, a significant number of lawsuits have been filed against companies manufacturing talcum powder-based products, alleging that long-term use has led to health complications, particularly ovarian cancer and mesothelioma.

read more
×
What Our Clients Are Saying