A North Carolina mother has initiated legal action against Mead Johnson, the company behind the popular infant formula Enfamil. The lawsuit alleges that the manufacturer withheld crucial information from healthcare providers and families regarding the potential side effects of their product. According to the complaint, the mother’s premature daughter developed necrotizing enterocolitis (NEC) after being fed the cow’s milk-based infant formula in the hospital shortly after birth.
The Enfamil lawsuit was filed by Marcia Lawary in the U.S. District Court for the Northern District of Illinois on November 14. Lawary is seeking damages on behalf of herself and her daughter, who is identified in court documents only by the initials L.M. This lawsuit brings to light serious concerns about the safety of certain infant formulas, particularly for premature babies, and the alleged failure of manufacturers to adequately warn about potential risks.
Understanding Necrotizing Enterocolitis (NEC)
Necrotizing enterocolitis is a severe condition that primarily affects premature infants. It occurs when the tissue in the intestines becomes inflamed and begins to die. This potentially life-threatening ailment often necessitates emergency surgical intervention and can lead to fatal outcomes in some cases.
The Enfamil Lawsuit Against Mead Johnson
The lawsuit filed by Marcia Lawary alleges that Mead Johnson, the manufacturer of Enfamil, failed to provide adequate warnings about the potential risks associated with their product, particularly for premature infants.
The Plaintiff’s Experience
According to the lawsuit, Lawary’s daughter, L.M., was born prematurely on August 30, 2013, in a North Carolina hospital. The medical staff, allegedly unaware of the potential dangers, fed L.M. Enfamil while she was still hospitalized. The complaint states that shortly after ingesting the formula, L.M. developed necrotizing enterocolitis. As a result, the infant reportedly had to undergo surgery and suffered from NEC symptoms and related complications.
The lawsuit further claims that L.M. has continued to experience long-term health effects due to this condition. Lawary is seeking compensatory damages to cover medical expenses, ongoing care costs, pain and suffering, and other related damages resulting from L.M.’s alleged NEC injuries.
Scientific Evidence and Expert Opinions on the Alleged Formula-NEC Link
Lawary’s Enfamil lawsuit references a growing body of scientific research that suggests a link between cow’s milk-based infant formulas and an increased risk of NEC in premature infants. Several pieces of evidence are cited in the lawsuit, including a Surgeon General report, which warned that formula feeding is associated with higher rates of necrotizing enterocolitis in vulnerable premature infants.
Numerous studies published over the past 15 years have explored the relationship between infant formula and NEC, including research published in the Journal of Pediatrics, which found that “an exclusively human milk-based diet is associated with significantly lower rates of NEC and surgical NEC when compared with a mother’s milk-based diet that also includes bovine milk-based products.”
Additionally, a 2024 study funded by the National Institutes of Health found that extremely preterm infants fed formula had double the rate of necrotizing enterocolitis, compared to those fed donated human milk. ”This finding,” the study authors wrote, “suggests that donor human milk, like maternal milk, can reduce the risk of necrotizing enterocolitis compared to formula.”
The Rise in Necrotizing Enterocolitis Lawsuits
Lawary’s Enfamil formula NEC lawsuit isn’t an isolated incident but part of a larger trend of legal actions against infant formula manufacturers. Hundreds of similar lawsuits have been filed against companies producing cow’s milk-based formulas, including both Enfamil and Similac. Due to the common allegations raised in these lawsuits filed across various U.S. District Courts, the federal litigation has been centralized as part of a multidistrict litigation (MDL). Since 2022, these cases have been consolidated under U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois for coordinated pretrial proceedings.
Infant Formula NEC Settlements and Verdicts
While the federal multidistrict litigation is still in its preparatory stages, there have been significant developments at the state level. Three trials have already taken place, resulting in two substantial victories for families of children who allegedly developed NEC due to infant formula. While these early trial outcomes do not directly bind other pending lawsuits, they may significantly influence future proceedings and potential settlements. The substantial damages awarded in these cases could impact the amount that Abbott and Mead Johnson might be willing to pay in NEC settlements to avoid hundreds of additional claims going before juries.
Baby Formula NEC Lawsuit Information
An exclusively human milk-based diet is associated with a lower rate of necrotizing enterocolitis than a diet of human milk and bovine milk-based products, The Journal of Pediatrics
Science Update: Preterm infants fed donor milk had fewer intestinal complications than formula-fed infants, National Institute of Child Health and Human Development
Baby Formula Necrotizing Enterocolitis Lawsuits, Leading Justice
