Instead of a class action, baby formula lawsuits for infants with Necrotizing Enterocolitis (NEC) are being coordinated into one federal court in Illinois.
Need a Texas Baby Formula Class Action Lawyer? Collen A. Clark is a true advocate for his clients and is passionate about helping Texans that have been injured or wronged. If your baby or a loved one was diagnosed with Necrotizing Enterocolitis (NEC) after being fed Similac or Enfamil baby formula, you should contact our lawyers immediately. You may be entitled to compensation by filing a lawsuit.
UPDATE: Baby Formula Lawsuits Centralized in MDL
In April 2022, a panel of federal judges established a Multi-District Litigation (MDL) to centralize dozens of baby formula lawsuits nationwide into one federal court, under one judge, similar to a class action.
Moving forward, this means that baby formula lawsuits nationwide will be transferred into MDL No. 3026 in the U.S. District Court for the Northern District of Illinois under Judge Rebecca R. Pallmeyer — IN RE: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation.
In the order centralizing 36 lawsuits for babies with NEC, the federal judge wrote:
“All actions can be expected to share factual questions arising from allegations that cow’s milk-based infant formula products marketed under the Similac and Enfamil brand names have a higher propensity to cause necrotizing enterocolitis (NEC) in infants born prematurely than other, allegedly safer alternatives.
Similac & Enfamil Linked to Necrotizing Enterocolitis (NEC)
Similac and Enfamil are two of the most popular cow’s milk-based infant formula products on the market in the U.S., particularly for premature babies. They are commonly fed to premature babies in the Neonatal Intensive Care Unity (NICU) of hospitals nationwide.
Unfortunately, the labels on Similac and Enfamil lack any warnings about a severe, life-threatening intestinal side effect called Necrotizing Enterocolitis (NEC). In fact, studies dating back to the 1990s have found that NEC is up to 10-times more common when premature infants are fed cow’s milk-based infant formula instead of breastmilk.
Baby Formula Lawsuits for NEC
Many parents only learned about the link between NEC and baby formula after their premature infant was seriously injured, required surgery to remove part of their intestines, or tragically died after developing NEC in the hospital.
Not surprisingly, a growing number of these parents are filing lawsuits against formula-manufacturers — Abbott Laboratories and Mead Johnson & Co. — for failing to warn about this potentially deadly side effect of Similac and Enfamil.
Can I Join a Class Action Lawsuit?
The Clark Firm, LLP is nationally recognized as a class action law firm in Texas, but our lawyers are not filing a class action lawsuit for babies with NEC. Instead, we are filing individual lawsuits for babies who developed NEC after being fed Similac and Enfamil baby formula.
About Class Actions
Class action lawsuits can have advantages in some circumstances, such as when a lot of people are seeking refunds after buying a product that was falsely advertised. The problem is that class actions can also have disadvantages, especially for people who were very seriously injured by a defective product. This is why the courts created the MDL process and established a baby formula MDL in Illinois.
Class Actions vs. Multi-District Litigation (MDL)
The Multi-District Litigation (MDL) process is like a class action in some ways — it brings together a lot of similar lawsuits into one court, under one judge, which makes the entire litigation process a lot more efficient.
In an MDL, after lawyers have gathered evidence, the judge overseeing the MDL will pick a few cases to go to trial. The outcome of these “bellwether” trials helps lawyers negotiate a settlement or another outcome for other lawsuits in the MDL with similar facts.
Why Our Law Firm is Filing Individual Baby Formula Lawsuits
Our law firm is filing individual lawsuits for babies with NEC so that we can focus on helping families seek financial compensation from the manufacturers of Similac and Enfamil baby formula. There is no excuse for companies that fail to warn about deadly risks like NEC.
Have There Been Any Settlements?
No. Baby formula lawsuits for NEC are still in their early stages. Cases have not yet gone to trial or reached settlements. Later on in the litigation process, it is possible that lawyers will agree to a large-scale settlement, or juries will award compensation in trials, but the outcome is still uncertain.
How Much Money Is My Case Worth?
If you believe that Similac or Enfamil caused your baby to develop NEC, you may qualify to file a lawsuit and seek compensation for your baby’s pain and suffering, medical expenses, future care, long-term health problems, wrongful death, and more.
Need a Baby Formula Lawyer in Texas?
Collen A. Clark is a true advocate for his clients and is passionate about helping Texans that have been injured or wronged.
Collen’s amazing success in the courtroom and well known dedication to his clients has earned him the recognition of his peers as one of The Top Trial Lawyers in Texas.”
The Clark Firm has assembled a team of trial lawyers with more than 100 years experience, participation in over 600 jury trials and $260 million in verdicts and/or settlements. Please use the form below to contact our law firm for a free case review.