newborn baby in the NICU

Foote, Mielke, Chavez & O’Neil, LLC (hereinafter, “FMCO”) is currently performing a legal investigation into several cow’s milk-based infant formulas sold under the brand names such as “Similac” and/or “Enfamil,” their potential ties to an increased risk of necrotizing enterocolitis (“NEC”), and their manufacturers’ failure to warn of the risks.  

What is NEC?

NEC is a serious gastrointestinal problem, mainly affecting premature babies (babies born before 37 weeks of pregnancy). NEC can be devastating, as it causes inflammation of intestinal tissue, eventually causing that tissue to die. This can lead to holes forming in your baby’s intestine, which allows bacteria to leak into the bloodstream or abdomen. Other symptoms of NEC include, but are not limited to:

  • Abdominal pain and swelling
  • Vomiting 
  • Swollen, red or tender stomach/belly
  • Abnormal breathing
  • Diarrhea with bloody stool
  • Green or yellow vomit
  • Changes in heart rate and blood pressure
  • Changes in body temperature and breathing
  • Refusing to eat 
  • Lack of weight gain
  • Lethargy

Severe complications of NEC can include, but are not limited to:

  • Peritonitis (abdominal infection)
  • Sepsis
  • Short Bowel Syndrome
  • Death

NEC usually develops within two to six weeks after birth, and babies born prematurely may be 20x more likely to develop NEC when fed cow’s milk-based baby formulas at birth.  In fact, a Surgeon general Report, “The Surgeon General’s Call to Action to Support Breastfeeding,” warns parents, caregivers, doctors and hospitals that “for vulnerable premature infants, formula feeding is associated with higher rates of necrotizing enterocolitis [NEC].”  Additionally, The American Academy of Pediatrics has advised that all premature infants should be fed either their mother’s milk or, if their mother’s milk is unavailable, pasteurized human donor milk.  

Do I Have a Case?

If you are a parent of a baby that was given Similac®, Enfamil® or other cow’s milk-based formula and your baby later developed NEC, you may be entitled to compensation. The lawsuits currently being filed across the country allege that the makers of these formulas were aware of the risks associated with NEC and did nothing to warn parents of the possible effects they could have on their babies. If the following criteria applies to you, call FMCO for a free case evaluation today:

  1. Your baby was born prematurely (before 37 weeks gestation); and
  2. Your baby was given Similac® or Enfamil® cow’s milk-based formula in the NICU or hospital; and
  3. Your baby was diagnosed with necrotizing enterocolitis (“NEC”); and
  4. Your baby died or had to undergo surgical intervention or other post-natal care.

If you believe your child developed NEC as a result of a cow’s milk-based baby formula, call us today for a free consultation. FMCO’s dedicated and experienced team of product liability attorneys will zealously advocate for your baby and family.