Baby Formula

The Baby Formula Lawsuit

If your child received baby bovine-based (cow’s milk) baby formula in the maternity ward or NICU, or you received bovine formula as a present from the hospital and your child was later diagnosed with necrotizing enterocolitis (NEC), you may be eligible to file a lawsuit for your baby’s injuries.

Hundred of NEC lawsuits have been consolidated into the “Preterm Nutrition Products Liability Litigation” – MDL 3026 in the United States District Court for the Northern District of Illinois, where Judge Rebecca Pallmeyer is presiding.  The NEC MDL is moving toward selecting bellwether trials, which will take place in 2024.  Bellwether trials are example trials that will help anticipate the results of future similar cases. A Science Day was recently held whereby each side was given a few hours to present their theory of the case to both federal and state court judges.

NEC is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy.  NEC causes a baby’s intestinal tissue to inflame which leads to the tissue dying. This can cause perforations in the infant’s intestines, allowing bacteria to leak into the belly or bloodstream.

Symptoms of NEC include:

  • Abdominal swelling and pain
  • Bloody stool
  • Diarrhea
  • Lack of weight gain
  • Lethargy
  • Refusing to eat
  • Yellow or green vomit

NEC puts an infant at risk for multiple health problems:

  • Developmental delays
  • Growth failure
  • Narrowing of the intestines
  • Sepsis

Studies have shown the risk of feeding cow’s milk- based formula to premature infants.  In 1990 a study on 926 preterm infants was published in the Lancet medical journal and showed that preterm babies who were formula fed had a risk of developing NEC at six to ten times greater than those who were breast fed.

In 2012, the American Academy of Pediatrics published its findings stating that a mother’s milk is “optimal” for premature infants and in cases where this is not an option, donor milk would be “advantageous.” NEC cases are being filed against both Abbott and Mead Johnson.

Contact the experienced baby formula attorneys at the Dugan Law Firm for a free consultation.

We will fight for you and your baby.


Similac Recall

In late February 2022, Abbott Laboratories announced a Similac recall of some of their baby formula that had been sold to families throughout the United States.  Contaminated Alimentum and EleCare products have been linked to problems with babies having Salmonella and Cronobacter sakazakii infections, as well as meningitis and other life-threatening injuries.

The Dugan Law Firm is pursing Similac recall lawsuits for parents of children who became ill after being fed any of the recalled powered infant formulas between 2019 and 2022, including:

  • Similac Total Comfort Powder
  • Similac for Spit Up Formula
  • Similac PM 60/40 Formula
  • Similac Sensitive Formula
  • Similac Advance Formula
  • EleCare Infant Formula
  • EleCare Jr. formula

In February 2022, the U.S. Food and Drug Administration announced it was investigating cronobacter sakazakii infections from powdered infant formula products Similac, Alimentum and EleCare, produced at Abbott Nutrition’s Sturgis, MI facility.  The investigation was prompted by reports of illnesses in infants who had been fed these powdered infant formulas.

Cronobacter infection symptoms include:

Fever, irritability, poor feeding, stomach pain, vomiting, blood in the bowel movements, swollen abdomen, seizures, jaundice or grunting when breathing.

Having a picture of the can of formula is the best evidence, however, receipts, invoices and other types of proof of use may be used.

It has been discovered that Abbott knew about the Similac contamination problems for months before recalling the baby formula. This delayed critical warning for parents. Recent reports suggest that Abbott discovered contaminated infant formula as early as September 2021, which raises serious concerns over why the recall was not announced until February 17, 2022.

It appears Abbott knew or should have known its contaminated baby formula placed infants at risk for Salmonella or other infections, yet continued to sell it for months.  As a result, Abbott should be required to pay substantial compensation to families impacted by their reckless actions.

A multi-district litigation is pending in the United States District Court for the Northern District of Illinois and Judge Kennelly is presiding.

Contact the Dugan Law Firm to determine whether a Similac recall lawsuit can compensate you for your baby’s injuries due to contaminated formula.