What's NEC lawsuit?

Background & Research

Necrotizing enterocolitis (NEC) is a severe disease affecting the intestines of premature infants, usually occurring within the first two weeks of life in formula-fed babies. Bacteria infect and inflame the intestinal wall, leading to weakened walls that can crack and leak germs into the abdomen, potentially causing serious infection or death if untreated.

Infections from NEC often require surgery, which can result in further gastrointestinal issues like Short Bowel Syndrome (SBS). SBS involves the surgical removal of parts of the intestine, reducing nutrient absorption and increasing health risks for the infant.

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The Connection Between NEC and Infant Formula

Research links NEC to certain cow milk-based infant formulas. A 1990 study found NEC was 6-10 times more common than in those fed breast milk alone.

In 2011, Johns Hopkins Medical Institution discovered that extremely premature babies fed human donor milk were less likely to develop NEC than those fed standard premature infant formula derived from cow’s milk.

Infant formula manufacturers face numerous lawsuits for failing to warn about the NEC risk. They must inform parents about the potential dangers of cow milk-derived formulas to prevent further harm.

Take action now to help protect more children from manufacturers' negligence.

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Possible Compensation

Compensation in lawsuits can take various forms, depending on the nature of the case and the outcomes sought by the parties involved. Here are some possible types of compensation that might be sought in litigation involving a company like NEC:

Monetary Damages: This is the most common form of compensation and can include:
- Compensatory Damages: To reimburse the plaintiff for losses incurred, including direct financial losses and lost profits.
- Punitive Damages: Intended to punish the defendant for particularly harmful behavior and deter future misconduct.
Settlement Amounts: Many lawsuits are settled out of court, and the settlement may involve a lump-sum payment or structured payments over time.
Injunctions or Court Orders: In certain cases, compensation may not be monetary but could involve a court order requiring the company to cease certain activities or take corrective action.
Legal Fees: In some cases, the losing party may be ordered to pay the legal fees of the winning party, covering the costs of pursuing the lawsuit.
Changes in Business Practices: Settlements or court rulings may require a company to modify its business operations, which can sometimes have financial implications (both positive and negative).
Compensation for Non-Economic Damages: In some cases, especially in tort claims, compensation may be awarded for factors such as emotional distress or loss of reputation.

Information on NEC

Necrotizing enterocolitis (NEC) is a severe medical condition primarily affecting premature infants, characterized by inflammation and tissue death in the intestines. It has been the subject of numerous legal cases due to its association with certain infant formulas. Below are key points regarding cases involving NEC:

Health Risks and Lawsuits: A significant number of lawsuits have been filed against manufacturers of cow’s milk-based infant formulas, such as Similac and Enfamil, alleging that these products increase the risk of NEC in preterm infants. Plaintiffs, often parents of affected infants, claim that the companies failed to provide adequate warnings about the potential dangers of their formulas when used for premature babies, leading to severe health complications or death.

Research and Findings: Medical studies have established a link between cow’s milk-based formulas and an increased risk of NEC in preterm infants. Research suggests that human milk or donor milk significantly reduces the incidence of NEC, fueling arguments that formula manufacturers should have disclosed these risks more clearly to healthcare providers and parents to inform safer feeding decisions.

Legal Actions: Many NEC-related lawsuits have been consolidated into multidistrict litigation (MDL) in U.S. courts to streamline the handling of similar claims. This process allows for efficient management of legal proceedings, addressing common issues such as the adequacy of product warnings and the manufacturers’ responsibility to inform consumers about NEC risks.

Settlements and Verdicts: While some NEC cases have resulted in settlements, many remain ongoing as of 2025. Successful verdicts for plaintiffs can lead to substantial financial compensation for medical costs, emotional distress, and other damages caused by NEC. These outcomes often hinge on proving that manufacturers knew or should have known about the risks but failed to act.

Regulatory Responses: The rise in NEC-related lawsuits has prompted scrutiny of infant formula regulations. Regulatory bodies are being urged to enforce stricter guidelines on formula labeling and marketing, particularly for products intended for premature infants. Some advocacy groups are pushing for mandatory warnings about NEC risks on formula packaging.

Ongoing Research: Continued research into NEC prevention and treatment is shaping both medical practices and legal strategies. Studies reinforcing the benefits of human milk for preterm infants are driving changes in neonatal care protocols, while also supporting plaintiffs’ claims in ongoing litigation against formula manufacturers.

Risks of Necrotizing Enterocolitis

Injuries Associated with NEC

• Intestinal perforation

• Scarring or strictures in the intestines

• Sepsis

• Potential Neurological damage

• Abdominal pain and swelling

• Changes in heart rate, breathing, blood pressure, or body temperature

• Diarrhea with bloody stool

• Lethargy

• Refusing to eat

• Lack of weight gain

How We Can Help

Providing the Legal Help You Need

Manufacturers of infant formula are alleged to have knowingly used dangerous ingredients in their products for decades without notifying parents of the potential dangers. Decades of research across multiple studies have produced probable connections between cows' milk-based formula and Necrotizing Enterocolitis. Now is the time to hold the manufacturers accountable.

The Guardian Legal Network can connect qualified claimants to attorneys ready and willing to represent their cases. Call or complete our no-cost claim review today. Don’t wait to pursue the justice you deserve.

This is a Mass Tort, Not a Class Action

What's the difference?

In a mass tort, victims are treated as individuals and the specific merits of each claim are taken into consideration. In a class action, every victim has a similar injury and is treated identically.

The benefit of mass tort litigation is that plaintiffs have more power in settlement negotiations which ultimately lead to significantly greater payouts compared to class actions.

Settlements and payouts tend to be significantly higher compared to class action awards
Plaintiffs have more power in settlement negotiations

Mass Tort Payments

Victims getting what they deserve

2024 - Manufacturing giant Mead Johnson was ordered to pay $60 million to parents after their baby formula was found liable for putting preemies at increased deadly disease risk.

Ongoing - $10 billion settlement
Roundup weed killer linked to Non-Hodgkins Lymphoma and other cancers

2020 - $2.1 billion verdict for 22 claimants
Asbestos in Johnson & Johnson's talcum powder linked to ovarian cancer

2015 - $2.37 billion settlement for 9,000+ claimants
Actos drug by Takeda Pharmaceuticals linked to bladder cancer

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