Ozempic Mass Tort Lawsuit
Formula manufacturing giants, Abbott and Mead Johnson, are in the midst of facing numerous NEC infant formula claims filed by parents whose babies developed necrotizing enterocolitis after consuming their cow-milk-based formulas. These manufacturers are accused of failing to warn parents of the potential risk of gastrointestinal complications, disease, and injury. If your child was diagnosed with NEC and you believe it resulted from their formula, you need to consult with an attorney immediately. Joining an NEC baby formula class action lawsuit or filing your own state court case may be a viable action toward justice and recovery.
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What is Necrotizing Enterocolitis (NEC)?
Necrotizing Enterocolitis (NEC) is a serious gastrointestinal condition that may develop in premature infants. It occurs when the lining of the intestines becomes inflamed and dies, leading to tissue damage, severe infection, permanent injuries, or even death.
Symptoms of NEC
While the symptoms can vary widely in nature and severity between infants, if your child was considered premature or born earlier than 32 weeks of gestation and develops any of the following symptoms between two and four weeks after birth, they may be diagnosed with NEC.
Symptoms of NEC include:
- Swollen, distended abdomen;
- Tender and red abdomen;
- Difficult feeding;
- Constipation;
- Diarrhea;
- Fever or fluctuation in temperature;
- Low blood pressure;
- Low heart rate; and
- Slow or abnormal breathing.
Your child may have experienced a number of these symptoms. Your child’s medical records should document any symptoms and diagnosis of NEC.
Which Baby Formulas are Affected?
Multiple infant formula products have been linked to NEC. These include:
- Enfamil 24 Cal,
- Enfamil Human Milk Fortifier,
- Enfamil NeuroPro EnfaCare,
- Enfamil Premature 20 Cal,
- Enfamil Premature 24 Cal,
- Enfamil Premature 30 Cal,
- Similac Alimentum formulas,
- Similac Liquid Protein Fortifier,
- Similac NeoSure,
- Similac Special Care 20,
- Similac Special Care 24,
- Similac Special Care 24 – High Protein, and
- Similac Special Care 30.
If your baby was fed any of these formulas and developed NEC, you may be entitled to compensation.
Who May Qualify to File an NEC Baby Formula Lawsuit?
Parents whose premature or low-birth-weight infants developed necrotizing enterocolitis (NEC) after being given cow’s milk-based baby formula, often in a hospital’s NICU or maternity floor, may be eligible to take legal action.
Eligibility for an NEC baby formula lawsuit generally depends on several key factors, including how and when the formula was administered to the infant. Families whose infants suffered from NEC after consuming these formulas may qualify to file a lawsuit, depending on the details of their child’s diagnosis and medical history.
The strength of your case may hinge on the medical evidence showing the connection between the formula and the onset of NEC.
What Compensation Could You Recover?
If your claim is successful, you may be entitled to compensation for both economic and noneconomic damages.
Economic Damages
Economic damages compensate families for the financial impact of NEC and its treatment. Documentation such as invoices, medical bills, receipts, and income records can verify these losses.
Examples of economic damages include:
- Past and projected medical expenses—hospitalizations, surgeries, medications, feeding tubes, or long-term care related to NEC;
- Costs of neonatal intensive care (NICU)—and extended hospital stays;
- Ongoing medical monitoring—for intestinal, developmental, or nutritional complications;
- Parental lost wages—due to time spent caring for a hospitalized or medically fragile infant; and
- Out-of-pocket expenses—for travel, specialized feeding supplies, or home medical equipment.
The financial burden of NEC treatment can be overwhelming, especially for families with infants requiring lifelong care.
Noneconomic Damages
Noneconomic damages compensate for the personal and emotional effects of NEC on both the infant and their family, which are more difficult to quantify. These losses cannot be measured by receipts but still significantly impact the quality of life.
Examples include:
- Pain and suffering the infant endured as a result of the illness and medical procedures;
- Emotional distress and trauma for parents witnessing their child’s suffering;
- Loss of normal childhood development due to ongoing complications;
- Loss of companionship or parental bond in cases where NEC leads to death or permanent disability; and
- Grief and mental anguish caused by the life-altering or fatal consequences of NEC.
An experienced attorney can advocate for the maximum noneconomic compensation available in your case. The overall value of a claim can differ widely depending on the severity and lasting impact of the child’s injuries.
Recovering compensation in NEC baby formula lawsuits helps families secure the financial resources they need for medical care, therapy, and stability. Working with Greenspan & Greenspan allows you to focus on your child’s recovery while your legal team handles the rest.
New York NEC Baby Formula Attorneys
At Greenspan & Greenspan, we have decades of experience helping families injured by products they trusted fight for justice and compensation. If your baby suffered from NEC after ingesting one of Abbott or Mead Johnson’s infant formulas, don’t wait to explore your legal options. You may be entitled to compensation and to hold them accountable. Contact us today to learn how we can assist you.
FAQs
How Is NEC Treated?
Once diagnosed, there are usually several steps to treating NEC. First, formula feeding is halted, and nutrients are given via IV fluid. Typically, an antibiotic is also administered to combat the underlying infection. Depending on the severity of the NEC, more aggressive and invasive treatment may be necessary, including surgery to remove damaged intestinal tissue.
How Long Do You Have to File a NEC Lawsuit?
Generally, in New York, you have three years from the date of injury to file a lawsuit. However, the law allows extra time if the injured person is a minor (under 18); the deadline is paused until the child turns 18. Acting quickly is critical; you could lose your right to compensation if you miss the deadline. Because these deadlines can be complex, it’s best to speak with an attorney as soon as possible to protect your family’s rights.
Have the NEC Infant Formula Lawsuits Been Settled?
The NEC infant formula claims are still unfolding. Some federal multi-district litigation (MDL) trials are underway, while others are scheduled to begin in early 2026. Many state court lawsuits have already gone to trial, with massive wins for the plaintiffs, including a nearly $500 million verdict against Abbott. NEC baby formula lawsuit updates will continue as cases progress.
