Enfamil Formula Lawsuit (NEC) March 2023 - Select Justice (2023)

Evidence from the CDC shows that around 10% of all babies born in the United States each year are considered preterm, i.e., born before 37 weeks of pregnancy have elapsed. As you might imagine, preterm babies can have a lot of health issues, many of which are linked to low birth weight. And one of the complications that can occur is the inability of the preterm baby to breastfeed. To help preterm babies get the nutrition they need, many baby formula products have been developed, including one widely used brand, Enfamil. However, studies have shown that there is a clear link between some cow’s milk-based formulas, including several in the Enfamil range, and the gastrointestinal disease necrotizing enterocolitis (NEC). A series of lawsuits have been filed against the makers of Enfamil, Mead Johnson & Company, alleging that the Enfamil producers knew about the risks associated with their product and NEC yet did nothing to warn families of preterm babies and healthcare professionals of the potential danger.

Studies linking NEC and products like Enfamil go back several decades. In 1990, the results of an important study were published in The Lancet (one of the world’s most important medical journals) that showed NEC was up to 10 times more common in formula-fed preterm babies than in those fed breastmilk. Several other studies carried out since then have reinforced that link between cow’s milk-based formulas and NEC, making it impossible for Mead Johnson not to have known about it. Experts don’t actually know what causes NEC, although they can cite some theories and risk factors. However, it has been proven that preterm babies are much more likely to get NEC when fed Enfamil and similar products. The basis of the Enfamil lawsuits charges that Mead Johnson did not do enough to warn families, nor make any effort to mitigate the risk of NEC in preterm babies feeding on Enfamil products. NEC can be a devastating disease, attacking the baby’s intestinal tissues, sometimes leading to death. Bereaved families, and those who have seen their children injured by Enfamil, are seeking justice, with 100s of Enfamil NEC lawsuits filed in American courts over the last couple of years. Since this is the beginning of the legal claims against the manufacturer, it’s not too late to join the lawsuits against Mead Johnson. If your baby has been affected by Enfamil, you can contact an Enfamil lawyer to start your claim for compensation.

We should point out that Enfamil is not the only brand cited for NEC dangers in the preterm baby formula lawsuits. Similac, a rival brand owned by Abbot Laboratories, also has several cow’s milk-based formulas in its range that have been linked to NEC in preterm babies. There is overlap between the Enfamil and Similac lawsuits, as it is likely that many preterm babies with NEC were fed on both Similac and Enfamil products. We should also stress that not all Similac and Enfamil products are listed in the NEC lawsuits. The focus is on specific cow’s milk-based baby formula designed to help preterm babies with low birth weight who can’t breastfeed or can’t get the required nutrition from breastfeeding. These products include Enfamil Human Milk Fortifier, Enfamil Powder, Similac Special Care, Similac Special Care High Protein, Similac NeoSure, and Similac Alimentum. If you are worried about feeding your baby Similac or Enfamil products, please contact your pediatrician for advice.

There are several factors to consider when estimating the Enfamil settlement payout for families affected by NEC. For example, some of the lawsuits against Johnson Mead allege wrongful death, whereas others focus on injuries. It will also be important for prosecutors to establish what Mead Johnson knew about the Enfamil dangers with regards to NEC, and whether the company wilfully covered it up. If it is proven that Mead Johnson acted unlawfully, thereby causing death and serious injury in babies, the company could be forced to pay huge amounts in Enfamil settlements to affected families. It is also possible that Mead Johnson settles out of court, agreeing to pay compensation to families in the Enfamil lawsuits before it goes to trial. At this stage, it is difficult to put a figure on how much you can get from an Enfamil lawsuit settlement payout until we get more information from the lawyers.

The short answer is that the Enfamil cases are neither a class action nor mass tort lawsuit – yet. Class actions and mass torts are means of combining lawsuits into a single case for reasons of efficiency. However, class-actions usually deal with consumer issues with the exact same grievance against a company or individual. The Enfamil preterm NEC lawsuits are much more complicated, with claimants filing the lawsuits for a range of different reasons, including wrongful death and serious injury caused by Enfamil. That, combined with the huge number of cases against Mead Johnson from all over the country, means it is likely that Enfamil cases will be consolidated into a multidistrict litigation (MDL). An MDL is a type of mass tort that allows for evidence sharing, legal proceedings, judges’ opinions, etc., to be shared across a single case. However, it differs from a class action due to the fact that each claimant is judged individually when it comes to outcomes, including compensation payouts.