FREE CONSULTATION CALL

We Go The Extra Distance For Our Clients

Class Action and Product Liability Practice Areas

NEC Baby Formula Lawsuit Attorney Sandy Springs and Atlanta

NEC Baby Formula Lawsuit Attorneys at Ashenden & Associates specialize in representing families whose premature infants have suffered from Necrotizing Enterocolitis (NEC) after consuming cow milk-based formulas. NEC is a serious gastrointestinal condition that predominantly affects premature infants, and recent evidence suggests that cow milk formula options can increase the risk of developing this life-threatening disease.

Our Sandy Springs NEC baby formula lawyers understand the devastating impact that a child developing NEC can have on a family, both emotionally and financially. Our mass tort lawyers are committed to holding formula manufacturers accountable for not adequately warning parents and healthcare providers about the NEC risks associated with their potentially toxic baby formulas. If your child developed NEC after being fed one of the baby formula brands mentioned below, you may be entitled to compensation for medical expenses, suffering, and other damages through a baby formula NEC class action lawsuit.

At Ashenden & Associates in Sandy Springs, our NEC baby formula lawyers have the skill and experience necessary to fight for the justice of parents and newborns who develop NEC due to cow milk-based formula. For more information about Similac and Enfamil lawsuits – and whether or not you have grounds to join the baby formula class action lawsuit – call 770-394-8909.

NEC Baby Formula Lawsuit Attorney Sandy Springs

What are NEC Claims?

Parents have filed several NEC claims after their premature infants suffered from Necrotizing Enterocolitis (NEC) after the premature babies fed on Similac or Enfamil baby formulas. The NEC formula lawsuits argue that the producers of these baby formula products neglected to warn parents and medical staff about the health hazards associated with the infant formula, leading parents to give it to premature babies without full knowledge of the risks involved.

What is Necrotizing Enterocolitis (NEC)?

Necrotizing Enterocolitis (NEC) is a grave gastrointestinal disorder predominantly affecting premature infants. This condition is characterized by the inflammation and subsequent necrosis, or death, of intestinal tissue, which can lead to a host of severe complications. 

The exact causes of NEC are not entirely understood, but it is thought to result from a combination of factors, including an immature digestive system, an underdeveloped immune response, and the presence of harmful bacteria in the intestine. The disease poses a significant risk to affected infants, requiring prompt medical attention to prevent life-threatening outcomes.

Why Are Premature Babies at Higher Risk of NEC?

NEC Baby Formula Class Action Lawsuit atlanta

Premature babies are at a significantly higher risk of developing NEC primarily due to the immaturity of their digestive and immune systems. The underdeveloped intestines of a premature infant are less capable of handling cow milk formulas, making them more susceptible to infections and inflammation.

The protective barrier of the gut, which prevents harmful bacteria from invading the tissue, is not fully developed in preterm infants. This incomplete development of a premature baby’s intestine can lead to an imbalance of the gut flora, increasing the NEC risks. The immune response in premature infants is not as robust as in full-term babies, making it harder for a premature baby to fight off infections and inflammation.

Additionally, while many agree that human breast milk is best, a mother of a premature baby may have more difficulty producing breast milk due to complications during labor.

These combined factors contribute to the heightened vulnerability of premature infants to NEC, emphasizing the need for specialized care and monitoring for this at-risk population.

Do I Qualify for a Baby Formula Lawsuit?

Did your premature infant develop NEC after consuming Enfamil or Similac baby formula?

The baby formula lawsuits against Similac and Enfamil for their infant formula have highlighted the importance of food safety in the lives of new parents and preterm infants. Since the NEC risks associated with any infant formula for premature babies are unclear, there may be grounds to hold baby formula manufacturers liable through Similac and Enfamil lawsuits.

nec lawsuit attorney atlanta

Enfamil Lawsuits

The surge in Enfamil baby formula lawsuits primarily stems from allegations against Mead Johnson Nutrition, the manufacturer, for not adequately informing parents about the potential risks associated with the Enfamil baby formula.

Plaintiffs argue that Mead Johnson neglected to warn consumers about the possibility that consuming Enfamil formula could lead to serious health complications, including life-threatening conditions like Necrotizing Enterocolitis (NEC), particularly in premature infants.

This failure to communicate critical health risks has led many families to seek legal recourse through Enfamil lawsuits, claiming that with proper warning, they might have chosen alternative baby formula options to safeguard the health of their premature infant. The Enfamil lawsuits aim to hold Mead Johnson Nutrition accountable for the alleged oversight and secure compensation for the affected families’ immense emotional and financial burdens.

There has been growing concern and legal action regarding the potential link between cow milk formulas, such as Enfamil baby formula, and increased NEC risks in premature infants. While no definitive cause-and-effect relationship has been established, numerous studies and lawsuits have connected cow milk-based formulas, such as the Enfamil formula, to cases of necrotizing enterocolitis (NEC) in preterm infants.

These studies and infant formula NEC lawsuits have stated that, at the very least, preterm infants have a much higher risk of developing this life-threatening illness after consuming Similac and Enfamil formula when compared to other brands.

The NEC infant formula lawsuit often focuses on Enfamil formula targeted toward newborns and premature babies, which includes:

  • Enfamil 24 Calorie Formula
  • Enfamil DHA-In-Sol
  • Enfamil Enfagrow Toddler and Enfagrow Premium Toddler
  • Enfamil Enspire
  • Liquid Enfamil Human Milk Fortifier Acidified
  • Enfamil Human Milk Fortifier Powder (HCPM)
  • Liquid Enfamil Human Milk Fortifier Standard Protein
  • Enfamil NeuroPro EnfaCare Premature Baby Formula
  • Enfamil NeuroPro Gentlease
  • Enfamil Nutramigen
  • Enfamil Premature 24 Cal
  • Enfamil Premature 30 Cal
  • Enfamil Premature Infant Formula 24 Cal
  • Enfamil Premature Infant Formula 30 Cal with Iron
  • Enfamil Premature Infant Iron Formula 20 Cal
  • Liquid Enfamil Human Milk Fortifier High Protein

Similac Lawsuits

Similarly to Enfamil lawsuits, the basis of Similac lawsuits is a failure to warn. Abbott Laboratories, the manufacturer of Similac, is facing countless NEC infant formula lawsuits for allegedly failing to adequately warn both consumers and healthcare professionals about the potential dangers linked to their infant formula product.

Plaintiffs in the Similac lawsuits state that Abbott Laboratories did not provide sufficient information regarding the risk of developing severe conditions such as Necrotizing Enterocolitis (NEC) when their baby formula is used, especially in premature infants. These legal actions suggest a significant breach of trust, arguing that with proper disclosure of risks, parents and caregivers might have made different nutritional choices for the premature infant. 

Like the Enfamil lawsuits, the Similac lawsuits seek to hold Abbott Laboratories accountable for what is claimed to be a lack of transparency and to obtain compensation for the families who have suffered as a result of these alleged oversights.

The question of whether Similac baby formula causes Necrotizing Enterocolitis (NEC) in preterm infants has become a focal point of concern and legal action.

While direct causation, is complex to establish in medical and legal contexts, numerous NEC infant formula lawsuits and studies have suggested a possible link between the consumption of cow’s milk baby formula brands like Similac and an increased risk of developing NEC among vulnerable neonatal populations. 

It’s important to note, however, that the relationship between specific infant formulas and NEC involves intricate interactions of various factors, including the infant’s health, gestational age, and the presence of underlying medical conditions, making it a subject of ongoing investigation and debate within the medical community.

The lawsuits typically involve Similac’s special formulas designed for premature babies, which include:

  • 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
  • Similac Special Care 30
  • Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
Similac Lawyer Sandy Springs

Who is Liable for NEC Baby Formula Lawsuits?

In Enfamil and Similac lawsuits, the primary parties held liable are their respective manufacturers: Abbott and Mead Johnson. Abbott and Mead Johnson are at the center of baby formula lawsuits for allegedly failing to adequately warn about the risks associated with their infant formula products, particularly the potential development of Necrotizing Enterocolitis (NEC) in premature infants. 

Abbott Laboratories Inc. are the baby formula manufactures of Similac infant formula brand. The research linking Similac and Enfamil products to greater risks of NEC in preterm infants was known to Abbott Laboratories.

Given this scientific proof, Abbott Laboratories has still neglected to put any form of cautionary label on its Similac products, alerting doctors and parents to the higher risk of NEC related to Similac and preterm children.

Abbott Laboratories has a legal responsibility as one of the leading baby formula manufacturers to alert consumers about known hazards and dangers linked with its infant formulas. Abbott Laboratories appears to have made the conscious decision not to put any NEC precautions on their Similac labeling, likely to minimize any negative influence on Similac’s brand value. The legal arguments in the Similac NEC cases against Abbott are based on the failure to warn about NEC as a major baby formula manufacturer.

(Abbott Laboratories Preterm Infant Nutrition Prod. Liab. Lit. – MDL No. 3026)

Mead Johnson Nutrition are the baby formula manufacturers responsible for Enfamil baby formula. There are also allegations that Mead Johnson has known for many years that the Enfamil formula puts premature infants at risk for NEC due to substantial scientific data and clinical research. Regardless, Mead Johnson refused to place a health warning on Enfamil formula packages advising consumers about the increased risk of NEC.

In the case of Mead Johnson, they may have made a very underhanded and calculated decision: the baby formula manufacturers were well aware of the risks. A disclaimer that its cow milk-based formula is risky for premature babies would cause Mead Johnson to lose income.

Mead Johnson, as a major baby formula manufacturer, has a legal obligation to warn customers about known dangers linked with infant formula products. Mead Johnson had a clear responsibility to warn that Enfamil baby formula (notably liquid Enfamil, commonly used for low-weight, unhealthy, and premature babies) put preterm infants at an increased risk for NEC, but they chose not to.

Enfamil NEC claims against manufacturer, Mead Johnson are based on the allegations of dishonesty in failing to warn about the danger of NEC for premature babies.

Who Qualifies for the Baby Formula NEC Lawsuit in Georgia?

Parents of newborns may have the grounds to initiate an NEC lawsuit under the distressing circumstances where their child has been adversely affected by baby formula, specifically under the following qualifiers:

Premature Birth: The infant must have been born prematurely, which typically means being born before 37 weeks of gestation. Premature infants are particularly vulnerable to NEC due to their underdeveloped digestive systems.

Consumption of Specific Formulas: The baby was fed cow’s milk-based formula or milk fortifier from the brands Enfamil or Similac. The lawsuits are focused on these specific brands due to allegations linking them to an increased risk of NEC.

Diagnosis of NEC: The infant must have been diagnosed with Necrotizing Enterocolitis (NEC) following the consumption of the implicated formulas. This serious gastrointestinal condition is central to the NEC lawsuits, with the claim that the formulas played a significant role in its development.

Parents who meet these criteria may be eligible to pursue legal action to seek compensation for the medical expenses, pain and suffering, and other damages resulting from this devastating condition. Our Sandy Springs NEC attorneys have what it takes to help these parents obtain the justice and compensation they deserve.

How to File an NEC Baby Formula Lawsuit

Filing product liability lawsuits involves a series of critical steps, beginning with securing NEC infant formula lawsuit attorneys, such as Ashenden & Associates, specializing in product liability cases. This attorney will officially submit your baby formula lawsuit, focusing on Enfamil or Similac, and representing your family’s interests.

The NEC infant formula lawsuit attorney will then gather compelling evidence to bolster your case, ensuring a strong foundation for your claim. Communication with the judicial system and the opposing parties, along with the meticulous filing of requisite legal documents, falls under the lawyer’s realm of responsibility as well.

Lastly, your attorney will meticulously prepare for the possibility of a trial while simultaneously exploring avenues for a potential settlement that could provide fair compensation without the need for court proceedings.

sandy springs NEC lawyer

How Much Is an NEC Formula Lawsuit Worth?

As NEC formula lawsuits are still in the preliminary phases, establishing an average settlement amount is not yet possible. The compensation received from NEC lawsuits will differ, largely influenced by the severity of the NEC case in the newborn and the extent of damages incurred, including medical expenses, pain and suffering, and long-term care needs. 

The dedicated Sandy Springs Enfamil and Similac lawyers at Ashenden & Associates possess the expertise to meticulously examine the specifics of your necrotizing enterocolitis formula lawsuit and provide a more personalized estimate of the potential settlement value you might expect once litigation concludes. Our insight can offer a clearer understanding of the legal landscape and the financial compensation that may be achievable for your family’s unique circumstances.

Compensation for NEC Formula Cases in Sandy Springs & Atlanta

In NEC baby formula lawsuits, the damages sought by families can encompass a wide range of financial and non-financial losses related to the infant’s illness and its repercussions. These typically include:

  • Medical Expenses: Covering both past and future medical bills resulting from NEC treatment, surgeries, hospital stays, and any ongoing care needs.
  • Pain and Suffering: Compensation for the physical pain and emotional distress endured by the infant due to NEC, as well as the psychological impact on the family.
  • Loss of Quality of Life: For infants who survive NEC but face long-term health complications, damages may account for the diminished quality of life and potential disabilities.
  • Specialized Care Costs: Including expenses for nutritional support, physical therapy, and other rehabilitative services required for the infant’s recovery and well-being.
  • Wrongful Death: If the infant’s case of NEC results in death, parents may be eligible to recover damages such as funeral and burial expenses. Our Sandy Springs wrongful death attorneys can help you obtain these damages as well.
  • Punitive Damages: In some cases where the manufacturer’s conduct is found to be particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Each NEC baby formula lawsuit is unique, with damages tailored to the specific circumstances and needs of the affected infant and their family. That’s why it’s always important to arm yourself with strong, personalized legal representation from experienced attorneys at Ashenden & Associates.

Latest NEC Baby Formula Lawsuit Updates

Enfamil Lawyer Sandy Springs

Enfamil baby formula lawsuits are still in their early stages, marked by a continuous influx of new cases being lodged daily. In fact, as of February 2024, there were nearly 400 cases included in the NEC infant formula MDL.

NEC infant formula MDL and preterm infant nutrition MDL (Multi-District Litigation) refers to the consolidation of multiple baby formula lawsuits into a single federal formula NEC class action lawsuit, where plaintiffs allege that certain infant formulas contributed to the development of necrotizing enterocolitis (NEC) in premature infants. This NEC infant formula litigation involves claims that manufacturers and healthcare providers failed to warn parents about the risks associated with using specific baby formula products in vulnerable premature infants.

By combining the NEC formula cases, the formula class action process streamlines pretrial proceedings, including discovery and motions, while allowing individual NEC claims to be resolved efficiently. Many of these cases may be part of a broader formula class action lawsuit or NEC class action lawsuit, where affected families seek compensation for the harm caused by these infant formulas.

As of now, there have been no settlements or bellwether trials, indicating that the Enfamil baby formula lawsuit process is still unfolding. For those contemplating joining an NEC baby formula class action lawsuit or initiating an NEC lawsuit for their child, acting quickly is important.

The skilled NEC lawsuit attorneys at Ashenden & Associates are well-equipped to guide you through this complex process, leveraging their extensive experience in product liability law to advocate on your behalf in Enfamil lawsuits.

If you’re considering pursuing a NEC lawsuit in Atlanta or Sandy Springs, now is the time to explore your options with a team that understands the intricacies of such cases.

The Similac lawsuit landscape is also in its early phases, with new cases being brought forth on a daily basis. To date, there have been no announcements regarding settlement amounts for the Similac baby formula NEC class action lawsuit either.

For individuals who believe they meet the qualifications for a Similac lawsuit, now is the best time to take legal action. Ashenden & Associates stands ready to help families harmed by toxic baby formula products, offering expert legal guidance and support to navigate the complexities of product liability claims. 

If your situation aligns with the Similac and Enfamil lawsuit criteria, reaching out to Ashenden & Associates could be a pivotal step in seeking justice and compensation for the harm suffered.

sandy springs baby formula injury lawyer

Join a NEC Baby Formula Class Action Lawsuit in Sandy Springs or Atlanta, GA

Did your baby develop NEC after consuming Similac and Enfamil baby formula? If so, it’s crucial to have a knowledgeable legal team by your side. At Ashenden & Associates, our legal team has decades of combined experience in handling all sorts of personal injury cases, including product liability lawsuits, medical malpractice lawsuits, and so much more.

Our Sandy Springs baby formula lawyers at Ashenden & Associates are here to provide the support and guidance you need during this difficult time. With a deep understanding of the complexities involved in product liability cases, especially those concerning NEC and baby formulas, our experienced attorneys are committed to fighting for the justice and compensation your family deserves.

Don’t navigate the complex legal landscape of the NEC formula MDL alone; call a Sandy Springs birth injury lawyer at Ashenden & Associates today at 770-394-8909 to schedule a comprehensive consultation and take the first step towards holding responsible parties accountable for your child’s suffering.S