NEC Baby Formula Lawsuit

Get Help from an Experienced NEC Baby Formula Lawsuit Attorney

If your child was premature and has developed Necrotizing Enterocolitis (NEC) after being given formula containing cow’s milk protein, you may be entitled to financial compensation through a NEC lawsuit.

At Morelli Law, our NEC lawyers are holding formula manufacturers accountable for the pain and suffering they have caused our most innocent population. Our legal team has over 40 years of combined experience handling cases just like yours. We’ve fought for our clients to get justice for them and their families, winning verdicts and settlements in NEC baby formula lawsuits and other cases involving toxic baby formula. We’ll work tirelessly to hold the at-fault manufacturer liable in your infant formula lawsuit.

About NEC Baby Formula Lawsuits

Recently, a significant number of families have filed NEC lawsuits against major baby formula manufacturers, notably Abbott Laboratories (maker of Similac formula) and Mead Johnson (maker of Enfamil formula). These allege that the manufacturers failed to adequately warn parents and healthcare providers about the heightened risk of NEC associated with their cow’s milk-based formulas when fed to premature infants.

In the 1980s, early research began to reveal a correlation between cow’s milk-based formulas and an increased incidence of NEC in preterm infants. Despite these findings, many manufacturers continued to market these products without sufficient warnings. Advocacy groups have tried to raise awareness about the risks, urging companies to revise their formulations or, at the very least, provide explicit warnings.

Comprehensive studies have linked cow’s milk-based formulas and NEC, alleging that cow’s milk proteins could trigger inflammatory responses in preterm infants, increasing the risk of NEC. Others have shown that formula-fed infants have a higher incidence of NEC compared to those fed breast milk.

What is Necrotizing Enterocolitis (NEC)?

NEC is a severe gastrointestinal condition predominantly affecting premature infants. The condition causes inflammation that can lead to the death of intestinal tissue, potentially resulting in perforations of the intestinal wall. These perforations can cause life-threatening infections and other lifelong complications in infants with the condition.

For families, the complications of NEC go far beyond the NICU. NEC can be devastating and lead to:

• Mortality: NEC is a leading cause of death from gastrointestinal disease in premature infants.
• Long-Term Health Challenges: survivors may experience complications like short bowel syndrome, developmental delays, and growth issues.
• Emotional and Financial Strain: the ongoing medical needs can place significant emotional and financial burdens on families.

Financial strain, continued trauma, and stress will persist throughout their lives, which is why our NEC lawyers are here to help them hold those responsible accountable.

Cow’s Milk-Based Formula Linked to NEC

Numerous studies have indicated that feeding premature infants cow’s milk-based formulas significantly increases their risk of developing NEC. The proteins in cow’s milk can be challenging for a preterm infant’s immature digestive system to process, potentially triggering inflammation and bacterial imbalances in the gut. Withholding natural breast milk in lieu of these formulas also put infants at risk, a risk that formula manufacturers have failed to warn new parents.

Recognizing the Signs and Symptoms of NEC

Has your premature child been diagnosed with NEC after using infant formula containing cow’s milk-based proteins? Early detection of NEC is important for effective treatment, so take note of these potential NEC symptoms:

• Abdominal Distension: noticeable swelling or bloating of the baby’s belly.
• Feeding Difficulties: reluctance to feed or signs of discomfort during feeding.
• Gastrointestinal Symptoms: vomiting (especially green bile), diarrhea, or the presence of blood in stools.
• Systemic Indicators: lethargy, unstable body temperature, apnea (pauses in breathing), and bradycardia (slow heart rate).

Treatment for NEC

NEC can be a lifelong condition. Treatment for it can be expensive and include:

• Bowel Rest: temporarily stopping feedings to allow the intestines to heal.
• Gastric Decompression: using a nasogastric tube to relieve gas and fluid buildup.
• Antibiotic Therapy: administering broad-spectrum antibiotics to combat infection.
• Surgical Intervention: in severe cases, surgery may be necessary to remove necrotic sections of the intestine.

Our NEC Lawyers are Holding Formula Manufacturers Accountable for their Negligence

We understand no amount of financial compensation can bring your infant back or fix the health issues your little one has. However, when you file a claim for a NEC lawsuit, you are helping hold formula manufacturers accountable for their actions. You can join our NEC attorneys to help prevent further pain being brought on premature infants and their families.

Baby formula manufacturers knew—or should have known—about the risks their products posed to premature infants and failed to warn the public. There have been multiple studies done that demonstrate premature babies who are given cow’s milk-based protein have a higher chance of developing NEC, yet they did not publish these findings to the public.

This is more than just poor business judgment. It’s a failure in duty. It’s negligence.

When a company puts a product on the market, they accept the responsibility that comes with it. That includes the responsibility to:

• Monitor emerging science
• Warn of known dangers
• Adapt product design when necessary
• Put safety ahead of profits

By failing to do these things, baby formula manufacturers contributed to unnecessary suffering—and in many cases, avoidable deaths. Legal accountability through NEC baby formula lawsuits is not just about financial compensation. It’s about holding companies accountable for corporate negligence, forcing industry-wide changes that protect future children, and empowering families with justice and closure after unthinkable trauma.

Our NEC lawyers are fighting to hold formula manufacturers accountable, building NEC baby formula lawsuits that demonstrate the negligence through:

1. Decades of Medical Evidence Ignored

Scientific research linking cow’s milk-based formula to NEC goes back decades. As early as the 1990s and early 2000s, peer-reviewed studies in neonatal and pediatric journals began raising red flags. Rather than acknowledge the evidence and adapt, companies like Abbott Laboratories (Similac) and Mead Johnson (Enfamil) chose to maintain the status quo. In doing so, they prioritized profits over infant safety. This is a foundational breach of public trust.

2. Failure to Warn Parents and Healthcare Providers

Despite the overwhelming body of medical literature, product labels on formulas like Similac Special Care and Enfamil NeuroPro did not include any warning about NEC risk—even when the products were marketed directly for use with premature infants. These are babies born before their digestive systems have fully developed and are the exact infants most at risk of NEC. And yet, no clear, adequate warning was given. Companies have a legal and ethical duty to warn consumers of known risks associated with their products.

3. Misleading Marketing Practices

Marketing materials for these products often implied that cow’s milk-based formulas were safe (even ideal) for preterm babies. In some cases, they were even described as “specially formulated” for premature infants, despite the known risks of NEC tied to cow’s milk proteins. This kind of marketing is deceptive. It presents cow’s milk-based formula as a medically approved, risk-free alternative to human breast milk or human milk-based fortifiers. This aggressive, misrepresentative marketing is part of what fuels today’s NEC baby formula lawsuits.

4. Product Design Without Adequate Safety Testing for Preemies

While the FDA regulates baby formula, the process does not include the same level of pre-market testing that other drug and medical devices undergo. That means it’s largely up to the manufacturer to ensure safety, particularly for vulnerable populations like premature infants. But instead of reformulating or innovating for safety, manufacturers simply continued to market and profit from formulas that were never safe for preterm babies.

Get Help from a NEC Lawyer at Morelli Law

If your child was diagnosed with NEC after being fed cow’s milk-based formula in the NICU or at home, you may have a claim. Speak with our experienced NEC attorneys and file a claim today. We can help determine whether you may be entitled to compensation for medical expenses, long-term care, pain and suffering, or wrongful death claim.

Your voice matters. And your fight for justice can help protect others from suffering. Contact our legal team today.