18-Year-Old Files Similac Lawsuit Over NEC Injuries Experienced as a Newborn

Premature infants face a heightened risk of developing a life-threatening condition called necrotizing enterocolitis (NEC) when fed cow’s milk-based baby formulas like Similac or Enfamil. This devastating injury can lead to severe gastrointestinal complications, multiple surgeries, and long-term health effects. Tragically, many infants do not survive NEC. Now, a Pennsylvania woman who was born prematurely in 2006 has filed a Similac lawsuit, alleging that the manufacturer’s cow’s milk-based formula caused her to develop NEC as a newborn, leading to lasting consequences that she continues to grapple with as an adult.

The Similac NEC Lawsuit Details

Last month, Sarah M. Osburn filed a lawsuit against Abbott Laboratories, the maker of Similac, in the U.S. District Court for the Northern District of Illinois. Osburn, who was born prematurely in 2006, claims that she was fed Similac shortly after birth, which subsequently caused her to develop the devastating NEC condition while still in the hospital. As a result, she required multiple surgeries as an infant and has been left with severe, long-term health effects that require ongoing medical care, even 18 years later.

Osburn’s lawsuit alleges that Abbott Laboratories failed to warn her mother and the medical community about the significant risks associated with feeding cow’s milk-based formulas like Similac to premature infants. The complaint states that if Osburn’s mother had been informed about the NEC risks, she would not have allowed her to be fed the Similac formula.

The Dangers of Cow’s Milk-Based Baby Formulas for Pre-Term Infants

Numerous studies have established that cow’s milk-based infant formulas, including Similac and Enfamil, can dramatically increase the risk of NEC in premature babies. NEC is a life-threatening condition where harmful bacteria breach the walls of the intestines, causing inflammation and tissue death. This often requires emergency surgery while the baby is still in the neonatal intensive care unit (NICU), and many infants diagnosed with NEC do not survive.

For those who do survive NEC, like Osburn, the long-term consequences can be devastating. They may face ongoing gastrointestinal issues, malnutrition, developmental delays, and other adverse health effects that require lifelong medical care and treatment.

Growing Number of Similac and Enfamil Necrotizing Enterocolitis Lawsuits

Osburn’s lawsuit alleges that Abbott Laboratories, the manufacturer of Similac, prioritized profits over the health and safety of premature infants. The complaint states that despite knowing the significant risks of NEC associated with their cow’s milk-based formulas, the company failed to adequately warn parents and medical professionals about these dangers. Instead, the lawsuit claims, Abbott Laboratories actively promoted Similac as a safe and necessary product for premature infants, without providing any instructions or guidance on how to minimize the risk of necrotizing enterocolitis from infant formula.

Osburn’s claim is just one of hundreds of Similac lawsuits and Enfamil lawsuits currently being pursued by families nationwide. These lawsuits all raise similar allegations that the infant formula manufacturers placed their desire for profit before the well-being of vulnerable premature babies.

Multidistrict Litigation and Bellwether Trials

In 2022, a federal court established a multidistrict litigation (MDL) to centralize the growing number of NEC lawsuits against Similac and Enfamil manufacturers. This MDL, overseen by U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois, is designed to streamline the discovery process and pave the way for a series of “bellwether” trials.

The first federal NEC infant formula lawsuit bellwether trial is expected to begin on May 5, 2025. These early test trials will provide valuable insights into how juries may respond to the evidence and testimony presented in these claims, which could significantly impact the overall trajectory of the litigation.

Seeking Compensation for Baby Formula NEC Injuries

The potential for substantial compensation in these NEC lawsuits is evident. In a recent state court trial, a St. Louis jury awarded a staggering $495 million to an Illinois mother whose newborn daughter suffered brain damage due to a Similac NEC injury. While the outcome of that trial is not binding on other lawsuits, it does signal how juries may view the evidence and testimony presented in these types of claims.

The baby formula NEC lawsuits are a powerful reminder of the serious risks associated with feeding cow’s milk-based formulas to premature infants. Osburn’s lawsuit, along with the growing number of similar lawsuits, highlights the urgent need for greater transparency, accountability, and safety measures in the infant formula industry. By seeking justice and advocating for change, affected families hope to prevent other vulnerable babies from experiencing the life-altering consequences of necrotizing enterocolitis.