Questions?
Some cow’s milk-based baby formulas like Enfamil™ and Similac® have been linked to an increased risk of necrotizing enterocolitis (NEC) in premature infants, which can lead to long-term health problems or even death.
At the Birth Injury Justice Center, we’re committed to supporting families affected by NEC. We spoke with NEC attorney Brendan Smith, a partner at Simmons Hanly Conroy, to help parents understand their legal rights and options.
Brendan explains what parents need to know about the NEC baby formula lawsuit and how a lawyer can guide them through the legal process from start to finish.
If your child developed NEC after being fed Enfamil or Similac, you may be eligible for compensation. Get a free case review right now to see if a baby formula lawyer may be able to help your family.
What is NEC in infants?
Necrotizing enterocolitis, or NEC, is a serious condition that causes inflammation and tissue death in a baby’s intestines. It’s most common in premature babies, and in severe cases, it can lead to life-threatening complications like brain damage or hypoxic-ischemic encephalopathy (HIE).
Most parents first hear about NEC while their baby is in the NICU, which can be an incredibly stressful time. Families don’t always connect their child’s illness to formula since it was given to them by the nurse or hospital staff instead.
What is the NEC lawsuit? Is the NEC lawsuit real?
Sadly, the NEC lawsuit is very real. Families across the country are filing claims against the makers of Similac and Enfamil, arguing that these cow’s milk-based formulas caused or contributed to their child developing necrotizing enterocolitis. NEC is a dangerous intestinal disease that primarily affects premature babies.
Some juries have already awarded millions of dollars to families, and hundreds more lawsuits are still moving forward. While this may not be the case for every claim, it shows how seriously NEC litigation is being taken in courts.
If your child developed NEC after being fed one of these formulas, it’s worth speaking with a lawyer. They can help you understand your legal options, and if you have a case, they can file a claim on your behalf.
What formula is causing NEC? Does Enfamil or Similac cause NEC?
Studies have shown that cow’s milk-based formulas like Enfamil and Similac may increase the risk of NEC in premature babies. That’s why many hospitals now recommend using human milk or donor milk for preterm infants whenever possible.
Right now, lawsuits are focused on Enfamil and Similac because their manufacturers failed to warn parents and doctors about this risk.
How can I tell if my baby’s NEC was caused by the formula they were given?
It can be hard for parents to know what exactly caused their baby’s NEC, especially when their primary focus is on getting their child the care they need. By contacting a baby formula attorney, you can get help determining your eligibility to file and proving the connection between NEC and formula.
We’ll review your baby’s medical records, feeding history, and hospital notes to determine whether cow’s milk-based formula may have played a role in your child’s condition. You don’t have to figure this out on your own.
Can we take legal action if our baby got sick after being fed formula in the NICU?
It’s possible your baby was fed cow’s milk-based formula while in the NICU without your awareness, and you may still be able to take legal action if your child developed NEC as a result.
These lawsuits focus on holding the manufacturers of Similac and Enfamil accountable for failing to warn both parents and doctors about the increased risk of NEC in premature babies.
A baby formula lawsuit lawyer can investigate which formula was given to your child and whether your family may be eligible to take legal action.
Is it still possible to file a baby formula lawsuit if our child passed away from NEC?
No parent should have to experience that kind of loss, and the law gives you the opportunity to seek justice and accountability. Families who lost a child to NEC may be able to file a wrongful death lawsuit.
Compensation may be awarded for medical bills, funeral expenses, and emotional distress. By taking legal action, families may not only find a sense of justice for their own child, but also help spare other families from going through the same heartbreak.
How much does it cost to work with a Similac lawsuit lawyer?
Most NEC lawyers, including my team, work on a contingency fee basis. That means you don’t pay anything unless we secure compensation for your family. There are no upfront fees, no hourly rates, and no financial risk.
Has anyone won an NEC lawsuit?
A few families have already won NEC lawsuits. In one case, for instance, a jury awarded $60 million to the mother of a baby who passed away from NEC after being fed Enfamil.
It’s important to keep in mind that every lawsuit is different, and there’s never a guarantee of a specific outcome. In NEC baby formula cases, potential payouts depend on factors like the severity of your child’s condition, evidence linking their condition to the baby formula, and the cost of their medical bills.
That said, my priority is always to fight for the maximum compensation available, so families have the financial support they need to move forward.
Is there an Enfamil or Similac class action lawsuit?
This isn’t a Similac or Enfamil class action lawsuit. Instead, these cases are being filed individually and grouped together in something called multidistrict litigation or MDL.
An MDL works a lot like a class action in terms of efficiency, in that it allows attorneys to share evidence and streamline the legal process. The key difference is that each family’s case is still reviewed on its own, and compensation is based on the specific facts of that case.
When will the NEC lawsuit be settled?
It’s very difficult to predict exactly when the NEC lawsuits will settle. Some cases have already gone to trial, while others are still moving through the court system or entering settlement negotiations.
What I can tell you is this: The sooner you contact an NEC lawsuit lawyer, the sooner we can start building your case. That way, if a settlement is reached, your claim will already be in the system and ready to be considered.
How long does an Enfamil lawsuit claim usually take, and what’s the process like?
Similac and Enfamil lawsuit claims can take several months to a few years, depending on the complexity of the case and how the larger multidistrict litigation unfolds. Once you reach out, your lawyer will gather medical records, confirm the formula your child was fed, and file the claim on your behalf if you qualify.
From there, we’ll handle everything for you, from negotiating with the baby formula manufacturer to representing you in court if needed. You won’t have to worry about paperwork, legal deadlines, or back-and-forth with the company. Your attorney can handle all that on your behalf.
What should we look for in an NEC lawyer if we’re thinking about moving forward?
Look for a lawyer who has experience with birth injury and product liability cases, especially those involving NEC and baby formula. These lawsuits are complex. They require a thorough understanding of the medical issues involved in the case, as well as the resources to take on these powerful companies.
You also want someone who truly cares. A good NEC lawyer will listen to your story, answer your questions, and walk with you every step of the way. You’ve been through enough already — your legal team should make this process as easy as possible.
Get Help Filing an NEC Baby Formula Lawsuit
If your baby developed NEC after being fed Enfamil or Similac, you may be entitled to compensation. The Birth Injury Justice Center is here to support you during this difficult time.
We work with NEC baby formula lawsuit lawyers like Brendan who are knowledgeable and passionate about fighting for the justice families deserve.
Our NEC lawyers:
- Can help families in all 50 states
- Have decades of experience
- Never charge any upfront costs or hourly fees
Together, our legal partners have secured over $1 billion for families affected by preventable birth injuries like NEC.
Call us at (800) 914-1562 right now or fill out our case review form to see if we may be able to help you seek the justice and compensation your family deserves.
Any settlement figures mentioned on this page are general estimates based on prior similar cases, the nature of reported injuries, and potential damages. These amounts are not guarantees and should not be interpreted as expected outcomes.
Each case is unique and influenced by its specific facts and circumstances. This content does not constitute legal advice. For a clearer understanding of your potential case value, please consult a qualified attorney who can provide individualized guidance.
