NEC & Baby Formula Injuries

Minneapolis Baby Formula NEC Injury Lawyers

Enfamil & Similac Baby Formula Lawsuits

For many years, doctors have recommended that babies born prematurely receive their nutrition from cow milk-based baby formula or fortifier. However, studies dating back to 1983 have found that preterm infants exclusively fed cow milk-based formulas are at a significantly higher risk of developing the devastating digestive disease Necrotizing enterocolitis (NEC). Now, parents across the country are taking legal action to demand justice and compensation.

If your child had Enfamil, Similac, or another brand of cow milk-based baby formula and then was diagnosed with NEC, Goldenberg Lauricella in Minneapolis wants to hear from you. Please dial (800) 903-1643 today, so our baby formula NEC injury attorneys can see if you have a valid claim.

What is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a serious gastrointestinal illness that mostly affects premature babies because they have weaker immune systems. Due to preterm babies’ weak immune and digestive systems, their bodies have a harder time fighting off intestinal infections and delivering much-needed blood to the intestines. This lack of blood flow damages intestinal tissue and can lead to tissue death. Severe cases of NEC can cause bacteria to leak from the intestines into the abdomen or bloodstream and increase the risk of a life-threatening blood infection called sepsis.

Do I Have an NEC Lawsuit?

If your child was born prematurely and was diagnosed with NEC after consuming cow milk-based baby formula, you may have a claim against the formula manufacturer. The Minneapolis baby formula injury attorneys at Goldenberg Lauricella have more than 38 years of experience representing families of children injured by defective products. Contact us today for a free NEC baby formula lawsuit consultation.

Cow Milk-Based Baby Formulas

Cow milk-based formula is considered a potential cause of NEC. Human milk is easier to digest than other alternatives and contains substances that fight infection and strengthen intestinal cells. Studies have consistently found that premature infants who consume human milk after birth are at lower risk of developing infections such as NEC. Nearly half of neonatal intensive care units (NICU) in the United States are now using human milk fortifiers for preterm nourishment for this reason.

Enfamil (manufactured by Mead Johnson Nutrition) and Similac (manufactured by Abbott Laboratories) are popular cow milk-based formula substitutes for human milk. Neither Enfamil nor Similac has warning labels on their products to alert parents of the increased risk to their premature infants of developing NEC if they are fed cow milk-based formulas.

Symptoms of NEC

NEC usually develops two to six weeks after birth and include these symptoms:
  • Abdominal pain and swelling
  • Changes in heart rate, blood pressure, body temperature, and breathing
  • Diarrhea with bloody stool
  • Green or yellow vomit
  • Lack of weight gain
  • Lethargy

How is NEC Diagnosed?

NEC is typically diagnosed after a full examination and results of one or more of the following tests:

  • Blood tests to check for bacteria or other signs of an infection.
  • Fecal tests to check for blood in the stool.
  • X-rays to check for air bubbles of gas around the intestines and abdomen, which could suggest damage to the bowl.

How Common Is NEC?

Thousands of babies in the United States develop NEC every year. Roughly 10% of premature infants suffer from the disease, and it is the reason behind about 3% of all NICU admissions. The disease has a 30% mortality rate.

Nearly 90% of babies who get NEC are born prematurely. NEC usually affects babies born before the 37th week of pregnancy, babies who are fed through a tube in the stomach (enteral nutrition), and babies weighing less than 5.5 pounds at birth.

Let Goldenberg Lauricella Help

If your premature infant developed NEC after receiving Enfamil, Similac, or another cow milk-based baby formula, contact Goldenberg Lauricella today for a free consultation. We can deliver the Gold Standard advocacy you and your child deserve.

Personal injury attorney, Noah Lauricella, sat down for a Q&A about his life as an attorney and his involvement with the NEC cases. To read more, click here.

Contaminated Baby Formula Recalls

 In February 2022, Abbott Nutrition recalled several lots of its Similac, Alimentum, and EleCare baby formulas after several infants fell ill or died after consuming the formulas. The infants were infected with Cronobacter bacteria, which can cause fatal blood infections or meningitis.

The recalled products were manufactured at an Abbott facility in Michigan. An FDA investigation of the facility found Cronobacter on machinery that comes into contact with the formula, as well as other areas of the facility that are supposed to be sterile. The investigation also found that Abbott’s own testing had detected Cronobacter at the facility 8 times between October 2019 and February 2022. 

Symptoms of Cronobacter infection in infants include poor feeding, jaundice, fever, and diarrhea.

What is Cronobacter Sakazakii?

Cronobacter Sakazakii is a bacteria found in the environment that can contaminate dry foods such as:

    • Powdered Baby Formula
    • Herbal Teas
    • Starches
    • Powdered Milk

Cronobacter infections are generally harmless for much of the population but can be fatal for newborns, infants under two months, infants born prematurely, and infants with compromised immune systems. Complications of Cronobacter infections include sepsis and meningitis. 

 

Baby Formula Recall Timeline

Several baby formula recalls related to potential Cronobacter contamination have occurred throughout 2022 and 2023. These recalls have placed a strain on the US baby formula supply chain and has led to empty shelves in formula aisles, purchasing restrictions, and stressed out parents struggling to find nutrition for their infants.  A summary of these recalls is below.

On February 17, 2022, Abbott Nutrition announced the recall of its Similac, Alimentum, and EleCare formulas manufactured at its plant in Sturgis, MI due to concerns of Cronobacter contamination. The recall was issued after the FDA found evidence of Cronobacter sakazakii bacteria in the Sturgis facility and multiple infants who consumed baby formula manufactured in the facility were sickened with Cronobacter infections. The Abbot formula recall was expanded in March 2022 to include some lots of Similac PM 60/40 Powdered Formula. The FDA later reported that four Cronobacter infections and one Salmonella infection may be linked to to the Abbott recall. Sadly, two of the reported patients sickened with Cronobacter infections passed away. 

On December 11, 2022, ByHeart announced a recall of five batches of its Whole Nutrition Infant Formula due to potential contamination with Cronobacter Sakazakii. The recall was issued after one test sample identified the presence of Cronobacter. No further tests from distributed batches came back positive but ByHeart recalled all product produced with the contaminated batch out of an abundance of caution. No Cronobacter bacteria was found in ByHeart’s supply chain and no infections related to ByHeart have been reported. 

On February 20, 2023, Reckitt announced a recall of two batches of ProSobee Plant-Based Infant Formula due to possible contamination with Cronobacter Sakazakii. All recalled product tested negative for Cronobacter bacteria but the batches were recalled out of an abundance of caution. No Cronobacter infections related to the ProSobee formula recall have been reported.

The recalled product batch codes are ZL2HZF and ZL2HZZ and both batches have a UPC Code of 300871214415 and a use by date of March 1, 2024.  The recall covers approximately 145,000 cans.

On March 17, 2023, Perrigo Company announced a recall of its Gerber Good Start SootheProTM Powdered Infant Formula due to potential contamination with Cronobacter sakazakii. The recall covered the following lots of formula manufactured at its Eau Claire, WI facility:

Gerber® Good Start® SootheProTM 12.4 oz:
300357651Z – USE BY 04JUL2024
300457651Z – USE BY 05JUL2024
300557651Z – USE BY 06JUL2024
300557652Z – USE BY 06JUL2024
300757651Z – USE BY 08JUL2024
300857651Z – USE BY 09JUL2024
301057651Z – USE BY 11JUL2024
301057652Z – USE BY 11JUL2024
301157651Z – USE BY 12JUL2024

Gerber® Good Start® SootheProTM 30.6 oz:
301357652Z – USE BY 14JUL2024
301457652Z – USE BY 15JUL2024
301557651Z – USE BY 16JUL2024

Gerber Good® Start® SootheProTM 19.4 oz:
301557652Z – USE BY 16JUL2024I

No distributed products have tested positive for Cronobacter bacteria. The affected lots were sold after March 5, 2023 and the FDA is recommending that consumers dispose of any formula containing the lot codes above.

Baby Formula Recall Lawsuits

If your baby has been diagnosed with a Cronobacter infection after consuming a recalled baby formula, you may have a claim against the manufacturer. Contact the Minnesota Product Contamination Lawyers at Goldenberg Lauricella for a free baby formula lawsuit consultation. We too are parents and grandparents who can’t stand to see our little ones sick. It is unacceptable in this day and age for the safety of a product as vital as baby formula to be in question due to improper maintenance of supply chain facilities. We have a proven track record of fighting for families of children injured by defective formulas. Parents and caregivers have enough to worry about. Let the Minnesota Baby Formula Attorneys at Goldenberg Lauricella fight for you. Call us today at 1-800-903-1643. 

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