Similac Infant Formula Lawsuit: Mother Seeks Justice for Newborn’s NEC-Related Death

The infant formula industry has come under intense scrutiny in recent years, with a growing body of evidence linking certain cow’s milk-based products to a devastating gastrointestinal condition known as necrotizing enterocolitis (NEC). NEC is a life-threatening illness that primarily affects premature infants, often leading to severe complications, long-term health issues, and in some cases, even death.

As the alarming connection between NEC and infant formula has come to light, families across the United States have taken legal action against leading manufacturers, including Abbott Laboratories (maker of Similac) and Mead Johnson (maker of Enfamil). In one recent Similac lawsuit filed in Illinois, a North Carolina mother seeks justice for her newborn’s tragic NEC-related death.

What is Necrotizing Enterocolitis?

Necrotizing enterocolitis is a devastating gastrointestinal condition that primarily affects premature infants, particularly those with low birth weights. The condition occurs when harmful bacteria invade the walls of the intestines, leading to inflammation and the death of intestinal tissue. In severe cases, the intestines may develop perforations, allowing bacteria and other substances to leak into the abdomen or bloodstream.

NEC is a leading cause of neonatal fatalities, and even those who survive NEC may experience long-term complications. These complications can include intestinal strictures, which constrict and narrow the intestines, making food passage difficult and painful. Another long-term complication is short-gut syndrome, which occurs when parts of the bowel need to be surgically removed due to necrosis, resulting in difficulties in absorbing essential nutrients.

The Link Between Infant Formula and NEC

Recent studies have suggested a connection between cow’s milk-based infant formulas, such as Similac and Enfamil, and an increased risk of NEC in premature infants. These formulas have been found to significantly raise the risk of NEC when compared to an exclusively human milk-based diet. Research has shown that premature infants fed an exclusively human milk-based diet are significantly less likely to develop surgical NEC compared to those who receive a diet that includes cow’s milk-based formulas.

The protective properties of human milk, including its ability to reduce inflammation and bacterial invasion, may explain the lower risk of NEC associated with a human milk-based diet. Conversely, the specific ingredients or components in certain baby formulas may contribute to the increased risk of NEC in premature infants.

Lakisha Best’s Similac Infant Formula Lawsuit

On August 15, 2024, a wrongful death lawsuit was filed by Lakisha Best in the U.S. District Court for the Northern District of Illinois, alleging that Abbott Laboratories failed to adequately warn about the risk of NEC associated with its Similac infant formula. According to the complaint, Best’s newborn child, identified as “B.H.,” was fed Similac shortly after birth and subsequently developed a rare and aggressive form of NEC known as NEC Totalis, ultimately leading to the infant’s death.

The lawsuit claims that Abbott knew or should have known about the increased risk of NEC associated with its cow’s milk-based formula products but failed to provide clear instructions or guidance on how to recognize and avoid the condition. Additionally, the complaint alleges that the company did not require or even recommend that hospitals inform parents about the risk of NEC associated with Similac before feeding it to preterm infants.

A Growing Number of Infant Formula NEC Lawsuits

Lakisha Best’s Similac infant formula lawsuit is not an isolated claim. It joins a growing number of similar lawsuits filed against Abbott Laboratories, the manufacturer of Similac, and Mead Johnson, the manufacturer of Enfamil infant formula. The lawsuits seek to hold the companies accountable for the harm caused to vulnerable infants and their families and to compel them to provide clear and transparent information about the potential risks associated with their products.

Seeking Compensation for NEC-Related Injuries and Deaths

The lawsuits filed against Similac, Enfamil, and other infant formula manufacturers center around allegations of failure to warn. Parents claim that the manufacturers did not adequately disclose the potential risk of NEC associated with their products, depriving families of the opportunity to make informed decisions about their infants’ nutrition.

By pursuing these legal actions, affected families are seeking compensation for the financial losses, emotional distress, and medical expenses incurred as a result of their infants’ NEC diagnosis and treatment. Some complaints also include claims for wrongful death, as tragically exemplified by Lakisha Best’s lawsuit filed on behalf of her newborn child.

Bellwether Trials and the Infant Formula MDL

The majority of Similac and Enfamil lawsuits are being pursued in the federal court system, where an infant formula multidistrict litigation (MDL) was established in 2022. This MDL centralizes the NEC infection claims before U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois, allowing for coordinated discovery and pretrial proceedings.

As part of the management of the litigation, Judge Pallmeyer has established a “bellwether” program, where a group of 12 NEC lawsuits brought against the two infant formula manufacturers are going through case-specific discovery. The first federal NEC infant formula lawsuit bellwether trial is expected to begin on May 5, 2025, and the outcomes of these trials will likely have a significant impact on the overall trajectory of the litigation.

Potential Lawsuit Payouts for NEC Victims and Families

The potential for substantial lawsuit payouts has been highlighted by a recent high-profile trial. In July 2024, a St. Louis jury awarded a staggering $495 million to an Illinois mother whose newborn daughter developed necrotizing enterocolitis (NEC) after consuming Similac baby formula as a premature infant.

This verdict, which is currently the largest known payout in an infant formula NEC lawsuit, has been closely watched by legal experts and families alike. It serves as a testament to the potential for significant compensation for those affected by the devastating consequences of NEC and underscores the importance of holding the responsible manufacturers accountable.