Landmark Verdict Brings Hope for Families Affected by NEC

In a groundbreaking decision, a jury awarded $60 million to a family whose newborn developed necrotizing enterocolitis (NEC) after consuming Enfamil baby formula. The verdict against Reckitt Benckiser Group, the maker of Enfamil, marks the first major win for plaintiffs in lawsuits alleging that cow-milk formula caused severe intestinal disease in premature babies. This article explores the verdict’s implications for other families pursuing similar suits against baby formula manufacturers.

5 Key Points

  • The jury found that Reckitt sold its cow milk formula, knowing it could cause NEC in premature babies.
  • Thousands of parents have sued Reckitt and Abbott Nutrition, alleging their formulas caused NEC in their newborns.
  • The verdict provides optimism for plaintiffs in ongoing cases, but wins are not guaranteed.
  • Reckitt plans to seek to overturn the court ruling, while Abbott faces separate lawsuits related to the 2022 infant formula shortage.
  • Families who believe their children developed NEC after consuming Enfamil or Similac can still join open lawsuits.

What is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a severe intestinal disease primarily affecting premature babies. It occurs when the lining of the intestinal wall dies, and the tissue falls off, leading to inflammation and potential intestine perforation. The disease has a fatality rate as high as 40%, making it a significant concern for parents of premature infants [1].

The Enfamil NEC Lawsuit Verdict

On Thursday, a jury in Chicago awarded $60 million to a family whose newborn developed NEC after consuming Enfamil baby formula. The jury found that Reckitt Benckiser Group, the maker of Enfamil, sold its cow milk formula, knowing it could cause this disease in premature babies. This verdict marks the first major win for a plaintiff in a lawsuit alleging that baby formula caused NEC [1].

Implications for Other Families

The landmark verdict brings hope for other families whose newborns developed NEC after consuming baby formula. Thousands of parents have sued Reckitt and Abbott Nutrition, the maker of Similac, alleging that the companies falsely claimed their formulas were “medically endorsed” and “nutritionally equivalent” to breast milk [1].

Carl Tobias, a University of Richmond law professor, noted that the verdict provides “some optimism in pursuing civil litigation against the manufacturers, no matter who the manufacturers are” [1]. However, he cautioned that wins in other suits are not guaranteed, as a jury determined the latest verdict, and it remains to be seen how other juries will react.

What’s Next for Baby Formula Manufacturers?

Reckitt has stated that it does not agree with the verdict and plans to seek to overturn the court ruling [1]. How the company will respond to future lawsuits is still being determined, as it could ultimately agree to a broad settlement rather than fight each case individually.

Abbott Nutrition, which faces nearly 1,000 similar suits surrounding its Similac formula, did not comment on the impact of the Reckitt verdict. It is worth noting that Abbott faces separate lawsuits related to the 2022 infant formula shortage tied to contamination in a Michigan facility [1].

How Families Can Join NEC Lawsuits

Families who believe their children developed NEC after consuming Enfamil or Similac formula can still join one of many open lawsuits [1]. While pursuing suits independently can be costly, group cases allow parents to pool resources, and lawyers may front the costs when representing a large group of plaintiffs.

To see if you qualify, click here.