Similac Lawsuit

As of July 2024 a total of 602 litigation cases were pending in the NEC MDL 3026. Plaintiffs in Similac baby formula lawsuits allege that Abbott Laboratories was aware its Similac products could potentially cause necrotizing enterocolitis, particularly in babies born prematurely or at a low weight. Plaintiffs filed additional lawsuits after Cronobactor sakazakii infections, which can cause profound internal damage or death, were linked to the Abbott facility in Sturgis, Michigan.

There are currently many Similac lawsuits underway, originating from two major sources. Most cases stem from NEC-related illness and death, but the number of cases based on serious infections arising from products linked to the Sturgis production facility is growing.

People are filing Similac lawsuits because infants have become ill from baby formula. Both NEC and Cronobacter sakazakii have been linked to Similac products.

Cronobacter sakazakii and other serious infections are linked to contamination at Abbott’s manufacturing facility. NEC, associated with formula made with dairy, has caused serious illness and death in premature infants. 

Similac and NEC

Similac lawsuits contend that because Abbott knew of the risk of NEC and failed to adequately protect consumers, serious illness and death of newborns occurred. Thus far, there have been no recalls of Similac products because of the risks of NEC.

NEC is a gastrointestinal disease that inflames the intestinal lining and can lead to tissue death. According to the National Library of Medicine, there is a significant link between this medical and surgical emergency in newborns and baby formula. Studies indicate cow’s milk-based formulas such as Similac increase NEC risk in premature infants.

Similac lawsuits cite many of those studies in their claims. Plaintiffs contend that Abbott Laboratories either didn’t do enough to protect the public from the potential dangers or deliberately misled the public into thinking their products were safe.

Similac and Cronobacter Sakazakii Infections

There are currently 58 active lawsuits pertaining to products produced at Abbott’s Sturgis facility. Many of the claims involved personal injury and/or wrongful death. Abbott Laboratories is also facing a Department of Justice-led criminal investigation.

Cronobacter bacteria can infect the bloodstream and central nervous system, resulting in developmental and motor impairments, brain abscesses and death. Between December 2021 and March 2022, the FDA and the CDC investigated reports of infant illness and death related to Abbott baby formula products.

Following the voluntary recall and plant shutdown, the U.S. faced a baby formula shortage, which disproportionately affected lower-income families. Although the shortage was originally because of the ongoing disruptions in the global supply chain, the closure of the Sturgis plant dramatically exacerbated the shortage.

Similac products named in Cronobacter lawsuits may include all recalled Similac, Alimentum and EleCareproducts from the Sturgis manufacturing plant. The FDA reports these products can be identified with their multi digit number on the bottom of the container.

NEC Similac lawsuits include formulas that contain cow’s milk. Even some of the company’s fortified human milk products contain cow’s milk.

The best way to determine if a formula you purchased and used is included in Similac lawsuits is to consult an experienced lawyer currently handling baby formula lawsuits. They can review your receipts and other documents to confirm if cases are being accepted for a specific formula.

Families or caregivers of premature infants who developed NEC or a Cronobacter sakazakii infection after consuming a Similac product may qualify to file a lawsuit. Infants who received the baby formula in a hospital or consumed it at home are both qualified.

An experienced attorney can assess your eligibility to file a suit. Keep all medical records, purchase receipts and any leftover product as evidence.

Mead Johnson’s baby formula brand Enfamil is also currently subject to NEC-related lawsuits. Parents and caregivers of babies who developed NEC after consuming an Enfamil product may be eligible for Enfamil NEC lawsuits. Similac and Enfamil lawsuits are both included in MDL 3026.

The discovery process in a Similac lawsuit may be lengthy. It’s crucial to find an experienced attorney with whom you can comfortably work. Most experienced legal firms will typically offer free consultations.

The courts will distribute any payments deriving from settlements and verdicts to your legal counsel. Your lawyer will then dispense the funds to you.