Infant Formula Litigation Update
Rusty Webb continues to investigate cases where cow’s milk-based formulas and milk fortifiers have caused Necrotizing Enterocolitis in premature infants. Necrotizing enterocolitis (NEC) is a serious and often fatal condition that results in the degradation and subsequent perforation of the bowels.
Studies clearly show that premature, underweight infants are at a much higher risk of this often-fatal condition when given cow’s milk-based formulas like Enfamil and Similac.
Despite the overwhelming science, and the fact that virtually every pediatric medical organization worldwide recognizes the heightened risk of NEC from these formulas, these manufacturers offer no warning whatsoever on their products about the risk.
In a recent trial in Missouri, a jury held formula manufacturer Abbott Laboratories liable for a plaintiff’s development of NEC and subsequent injuries. In that case, the premature infant developed NEC after being fed Similac Special Care formula. Following her NEC diagnosis, the infant had 75% of her intestines removed and suffered significant permanent injuries, including brain damage.
The jury in that case found that the Similac formula was the cause of the plaintiff’s NEC and awarded $495 million. Although this case will be subject to appeals before any money is paid, I find these results to be very promising for the litigation. 
