Why People Are Filing Baby Formula NEC Lawsuits: Q&A With Attorney Brendan Smith
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Parents of pre-term infants diagnosed with necrotizing enterocolitis (NEC) are filing lawsuits against baby formula makers Abbott and Mead Johnson. The lawsuits allege that the companies failed to warn consumers about the increased risk of NEC among premature babies fed certain cow’s milk baby formulas.
NEC is a disease that causes inflammation of the bowel. The inflammation can lead to bacterial invasion, which causes cell damage and tissue death within the colon and intestine. It can be life threatening. NEC has a mortality rate as high as 50%. Studies, including one from Frontiers in Pediatrics, have listed cow’s milk baby formula as a primary trigger for NEC in premature babies.
In 2024, Illinois juries awarded $60 million to Jasmine Watson, who sued Mead Johnson, and $95 million to Margo Gill, who sued Abbott. Both mothers claimed their children developed NEC after consuming the companies’ baby formulas.
In this interview, attorney Brendan Smith discusses why people are filing lawsuits, the evidence presented in lawsuits and who qualifies to file an NEC baby formula lawsuit.
Q: Why are people filing baby formula lawsuits?
Families have brought lawsuits alleging that certain cow’s milk-based infant formulas and fortifiers can increase the risk of necrotizing enterocolitis (NEC), particularly in premature infants. The claims assert that manufacturers did not adequately disclose these risks or provide sufficient guidance to caregivers, leading to serious and sometimes life-threatening complications.
Q: What evidence is presented in lawsuits that connects baby formula to necrotizing enterocolitis, or NEC?
Plaintiffs often cite clinical studies showing that premature infants who consume cow’s milk-based formulas have a higher incidence of NEC compared to babies fed human milk. Lawsuits also rely on neonatal intensive care unit records tracing the onset of NEC after the introduction of specific products, as well as expert testimonies from neonatologists linking these feeding choices to gastrointestinal inflammation and injury.
Q: How do people know if they qualify to file a baby formula NEC lawsuit?
Parents or guardians may have grounds for a lawsuit if their premature infant developed NEC after receiving cow’s milk-based formula. Eligibility can depend on factors such as the specific products used and the severity of the infant’s injuries. Medical records confirming the diagnosis and treatment of NEC are a vital part of assessing whether a valid case may exist.
Q: What specific injuries are plaintiffs reporting in lawsuits?
The primary injury is necrotizing enterocolitis itself, which causes inflammation and necrosis in the intestinal tissues of premature infants. In many instances, babies who develop NEC require surgical intervention and may face long-term issues like short bowel syndrome or nutritional deficiencies. Tragically, some cases have led to permanent disability or loss of life.
Q: How has NEC affected the lives of your clients?
Parents of infants with NEC often endure emotional turmoil as they watch their child struggle in the neonatal intensive care unit. Children who survive may have continuing health problems that lead to frequent medical visits, special diets or ongoing therapies. In addition to the emotional and physical toll, families also face steep medical expenses that can create financial hardships.
Q: What can we expect to see in NEC lawsuits in 2025?
As research continues to highlight the potential connection between certain formulas and NEC, more families may come forward to file lawsuits. Three bellwether trials this year could set a framework for larger settlements. Further scientific evidence might also prompt new warnings or regulatory action related to cow’s milk-based formulas for premature infants.
Q: What should people thinking about filing an NEC lawsuit know?
It is important to act quickly, as statutes of limitations differ by state and may limit the timeframe for filing a claim. Gathering comprehensive medical records, including documentation of the formula used and detailed information about the infant’s treatment, will be essential. Talking with an experienced attorney can help parents determine whether they have a valid claim and clarify the steps involved in pursuing legal action.