Necrotizing Enterocolitis (NEC) Lawsuits in Denver, CO

Dealing with the premature birth of your baby is stressful enough, but encountering another serious medical condition along with it can be devastating. If your premature infant was diagnosed with necrotizing enterocolitis (NEC) after receiving bovine milk-based infant formula such as Similac or Enfamil, you could be entitled to pursue compensation for financial and non-financial losses you or your child suffered.

Recent studies have shown that preterm babies who receive cow’s milk-based formula are more likely to develop NEC than preterm babies who subsist exclusively on human breast milk. Numerous lawsuits have been filed against the manufacturers of specific bovine milk formula products for failing to warn customers about the dangers of feeding bovine infant formula to preterm babies.

If your newborn developed NEC after being fed cow’s milk-based formula, the Denver NEC lawsuit attorneys at The Wilhite Law Firm can help you hold the manufacturers of these products accountable for their negligence and the pain it has caused you, and your baby.

Contact us for a free case evaluation.

How Much Can You Get from an NEC Lawsuit?

There is no set amount that you can recover in an NEC lawsuit. The more severe your damages are, the more compensation you or your child should be entitled to claim. You could recover compensation for your child’s medical expenses, future health care needs, pain and suffering, and more.

What Is Necrotizing Enterocolitis (NEC)?

NEC is a severe gastrointestinal illness that primarily affects premature infants between two and six weeks old. As bacteria build up in the intestinal tract, they can quickly erode the tissue that makes up the intestinal lining, leading to severe damage and tissue death.

Eventually, the bacteria can eat through the tissue, causing perforations in the intestines. Bacteria and waste can escape the intestinal tract through these perforations and leak into the abdominal cavity.
Bacteria can also seep into an infant’s bloodstream, leading to a severe bacterial infection. If tissue death or perforations occur, portions of the intestine may need to be removed.

Some of the most common symptoms of NEC include:

If left untreated, NEC can cause serious complications. One of the most common complications of NEC is sepsis. Sepsis is a life-threatening illness that can lead to organ failure and even death.

Another common complication of NEC is a short-bowel syndrome. Short bowel syndrome can lead to malabsorption in the intestines, meaning infants cannot properly absorb nutrients contained in their food. Short bowel syndrome is a long-term condition that requires ongoing treatment.

Finally, intestinal strictures can also occur after NEC. Intestinal strictures usually don’t appear until months after an infant has recovered from NEC. A stricture is a narrowing of the intestinal tract, preventing food and waste from moving freely through the intestines. Surgery is often required to repair intestinal strictures.

Have Lawsuits Been Filed Against Baby Formula Manufacturers?

Parents in states across the country have filed lawsuits against the manufacturers of Similac and Enfamil — Abbott Laboratories and Mead Johnson, respectively — alleging that the manufacturers failed to disclose the risks associated with feeding cow’s milk formula to premature babies. The lawsuits also allege that the manufacturers of these products marketed the products as “equivalent” to human breast milk when, in fact, these formulas put premature babies at greater risk of developing NEC than if they had consumed breast milk.

Thus far, all lawsuits against Abbott Laboratories and Mead Johnson have been filed individually. Some lawsuits have been filed in Illinois, where both companies have offices, but others have been filed in the states where the plaintiffs reside. As case numbers continue to grow, the court may decide to combine these individual cases into a mass tort. A mass tort is not the same as a class action. In a mass tort, the plaintiffs are still treated as individuals and retain the same rights they would have if they brought their cases independently.

What Baby Formula Products Can Cause NEC?

Similac and Enfamil are the two primary cow’s milk-based baby formula products currently involved in NEC litigation.
Plaintiffs have alleged that the following Similac and Enfamil products caused their newborns to contract NEC:

Similac Products:

Enfamil Products:

If your newborn consumed any of these products and was later diagnosed with NEC, you could be eligible for an NEC lawsuit.

What Is the Connection Between Bovine Formulas and NEC in Newborns?

Medical experts now agree that feeding bovine milk-based formula to preterm babies is risky. In a recent year, the Cochrane Database of Systematic Reviews published research indicating a higher incidence of NEC in preterm babies who consumed bovine formulas like Enfamil and Similac than in preterm infants who only consumed breast milk.

NEC rarely occurs in infants who exclusively receive human breast milk. Preterm infants often receive formula because they need the extra nutrients to gain weight and develop. Unfortunately, numerous scientific studies have shown that cow’s milk-based formulas can be dangerous to premature infants. They can cause serious inflammation of babies’ intestinal tracts, leading to tissue death and potentially fatal sepsis infections.

Despite the emerging scientific evidence, the manufacturers of Similac and Enfamil neglected to warn the public about the potential hazards of their products for preterm babies.

Contact Necrotizing Enterocolitis (NEC) Lawyers in Denver, CO Today

If your newborn was born prematurely and suffered from NEC after consuming Similac or Enfamil, contact the Denver NEC lawsuit lawyers at The Wilhite Law Firm to discuss your options. We understand how painful it can be to watch your child suffer, and you deserve justice for your family’s ordeal. Your attorney can help build a strong case for compensation and act as your advocate and guide throughout the legal process.

Reach out today for a free consultation to learn more about how we can help you with your case.