Which brands of infant formula are involved in the litigation?
Multiple types of Similac baby formula, manufactured by Abbott Laboratories, and Enfamil baby formula, manufactured by Mead Johnson, are involved in the litigation, including:
- Similac Special Care
- Similac Human Milk Fortifier
- Similac NeoSure
- Similac Alimentum
- Similac Alimentum Expert Care
- Similac Human Milk Fortifier Concentrated Liquid
- Similac Human Milk Fortifier Powder
- Similac Liquid Protein Fortifier
- Similac Special Care 20
- Similac Special Care 24
- Similac Special Care 24 High Protein
- Enfamil Human Milk Fortifier Acidified Liquid
- Enfamil Human Milk Fortifier Powder
- Similac Special Care 30
- Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
- Enfacare Powder
- Enfamil Human Milk Fortifier Liquid High Protein
- Enfamil Milk Fortifier Liquid Standard Protein
- Enfamil NeuroPro Enfacare
- Enfamil Premature 20 Cal
- Enfamil Premature 24 Cal
- Enfamil Premature 24 Cal/fl oz HP
- Enfamil Premature 30 Cal
- Enfamil 24 and DHA & ARA Supplement
Has any baby formula been recalled?
Similac and Enfamil have not recalled any formulas as a result of this litigation. There are other recalls on certain baby formula products that are not related to this litigation, which can be found on the manufacturer websites or the FDA website.
Are the Similac and Enfamil baby formulas contaminated?
These lawsuits do not allege contamination of the baby formula. The victims are suing the manufacturers because they failed to warn parents and medical providers about the increased risk of serious illness and death for premature and preterm babies in a formula specifically targeted to premature and preterm babies.
What are the risks of feeding my premature child the Similac or Enfamil formulas?
The Similac and Enfamil formulas in these lawsuits are cow’s-milk-based formulas. Studies have shown that premature infants who are fed cows-milk-based formulas are much more likely to develop necrotizing enterocolitis (NEC) than babies who are fed an exclusively human-milk diet. You should consult with your physician or other healthcare provider about the best choices for feeding your child.
What is NEC?
Necrotizing enterocolitis (NEC) is a serious gastrointestinal condition usually seen in premature infants. It causes the child’s intestines to become inflamed, sometimes causing a hole in the intestine which allows bacteria to leak into the child’s abdomen or bloodstream. This can lead to sepsis and other complications. NEC is fatal in approximately 50% of infant cases, and causes lifelong development and cognitive issues for approximately 50% of children who survive.
What is a failure to warn?
A failure to warn case is a type of product liability claim that alleges the manufacturer of a product did not properly warn consumers about the risks of using the product. In this litigation, Abbott Laboratories and Mead Johnson did not warn parents and healthcare providers about the increased risk of NEC in premature babies who were fed their cow’s-milk-based formulas. You can find out more about Product Liability issues in our Product Liability FAQs.
Who is eligible to file a lawsuit?
Parents, guardians, or certain other family members of premature infants who became ill or were diagnosed with NEC after being fed Similac or Enfamil baby formulas can file a lawsuit for potential compensation.
What compensation are victims entitled to receive?
Victims of a successful product liability claim are legally entitled to be compensated for the losses and harm that they have suffered as a result of the defendants’ failures. This could include:
- Medical bills, past and future
- Lost wages and benefits, past and future
- Home and vehicle modification expenses
- Additional child care or special education costs
- Pain and suffering
An experienced attorney, like the attorneys at Morris James, can advise you on the costs and expenses that should be considered in your compensation or in any settlement negotiations.
Is there any deadline for filing an infant formula lawsuit?
Yes. The general deadline for filing a product liability lawsuit in Delaware is 2 years from the date of the injury. If your child has been harmed and you think you may have a legal claim, you should speak to a reputable attorney without delay.
What should I do if my baby developed NEC after being fed Similac or Enfamil formula?
If you think your baby was fed Similac or Enfamil formula and developed symptoms of NEC, you may need help getting answers to your questions or dealing with the mounting expenses of your child’s illness. You should contact an attorney as soon as possible to protect your legal rights and find out more about your options going forward. Our attorneys at Morris James are available to answer your questions and help you decide the best course of action for you and your family. Contact us today online or by calling 302.655.2599 for a free no-obligation consultation.