Law

What Is NEC and Why Is It at the Center of the Enfamil Baby Formula Lawsuit?

Not all babies are born healthy. Some might have preexisting conditions they encountered in the womb. 

What about those cases where a serious complication could have been prevented? Hundreds of parents, including Nakia Harris, may be asking themselves the same question.

The Memphis mom filed a wrongful death lawsuit against Enfamil formula maker Abbott Laboratories. Harris claimed the cow’s milk-based product killed her premature son Ja Stevens. 

The tragic part is that she’s not alone. Other parents have come forward with similar claims about their babies contracting NEC (necrotizing enterocolitis) after feeding them Enfamil baby formula.

The claims have culminated in the Enfamil lawsuit, targeting two baby formula manufacturers: Enfamil and Similac.

Below, we’ll discuss necrotizing enterocolitis and the link to the NEC baby formula lawsuit.

What is NEC?

Necrotizing enterocolitis (NEC) affects one in 1,000 premature babies. According to the Cleveland Clinic, the condition is rare in full-term babies.

When it strikes, NEC causes the tissue inside the intestine to die. A hole can develop in the intestine in severe cases, resulting in bacteria leakage. Antibiotics are prescribed, but surgery is the only option in more serious cases. 

Here’s where the toxic baby formula NEC lawsuit comes in. Plaintiffs claim the infant formula brands named in the lawsuit increased the risks of NEC.

Enfamil Premature and Enfamil EnfaCare, produced by Mead Johnson & Company, are specially targeted at premature and low birth weight babies.

Similarly, Similac Neosure and Similac Pro-Advance serve the same purpose. Abbott Laboratories manufactures the products.

To date, TorHoerman Law says several lawsuits are being consolidated in multidistrict litigation.

What Triggered the Enfamil Lawsuit?

In December 2022 Enfamil baby formula became the center of a lawsuit. The manufacturers were accused of neglecting to warn consumers about the risks associated with NEC.

Citing studies, plaintiffs argued that premature babies who were given cow’s milk formula were more likely to develop NEC than breastfed babies.

One particular review article aimed to show the link between NEC and cow’s milk protein in preterm infants. 

While researching enterocolitis, study authors found that NEC’s main triggers included formula containing cow’s milk protein.

An NIH-funded study further supported the findings. When compared to formula-fed babies, extremely preterm infants fed donated human milk fared better.

During the study trial, researchers noted that necrotizing enterocolitis developed in 10 infants in the donor milk group, compared to 22 in the formula milk group.

Pain and Suffering

Thus far, there have been a few wins. Reuters reported that an Illinois jury ordered  Mead Johnson to pay $60 million to Jasmine Watson. Her premature baby died of an intestinal disease after he was given Enfamil baby formula.

The verdict included compensation for Watson’s loss and grief, and the pain and suffering of Baby Chance Dean.

Mead Johnson wasn’t as accepting of the verdict and said it would appeal. The company added that the allegations brought before the court were not supported by science or medical experts.

Their statement comes as Nakia Harris awaits the outcome of her lawsuit. She is suing both Abbott Laboratories and Mead Johnson for not including any warnings on their product labels.

More Enfamil Recalls

As recently as several months ago, Mead Johnson issued a recall of Enfamil Nutramigen formula powder. This was due to a possible bacteria contamination.

The formula was produced for infants with adverse allergic reactions to cow’s milk. MSN reported that most supplies were sold in June, July, and August 2023. The voluntary recall was in response to a possible Cronobacter sakazakii contamination.

Also known as Enterobacter sakazakii, the naturally occurring germ can be found in powdered infant formula/milk. Infants younger than two months and those who are born prematurely are more susceptible. 

According to the FDA, Cronobacter can lead to sepsis and meningitis. Symptoms related to Cronobacter infection are poor feeding, irritability, temperature changes, and jaundice.

Victims can claim damages for medical expenses, lost income, pain, and suffering. And yet, there is little comfort for families in knowing their child will never have a normal upbringing.

NEC is a life-threatening condition that requires constant care and affects quality of life. Malnutrition and other complications are just a few of the long-term effects of the disease. It’s disappointing that it had to take nationwide NEC baby formula lawsuits to shed light on a disease virtually unheard of.

Phylis A. Brown

In the realm of "outer beaches," a tranquil escape for contemplation. Like the fisherman in "The Old Man and the Sea," I navigate life's tides, offering a haven amidst challenges.

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