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Texas NEC Baby Formula Lawsuit [2022]

Texas parents who premature baby developed necrotizing enterocolitis (NEC) when provided Similac or Enfamil while in the hospital in Texas are currently filing claims against parent organizations Abbott Laborites and Mead Johnson. NEC is a serious intestinal infection that causes the a loss of intestinal tissue and can lead to organ failure, life-long medical complications, or even death.


If your baby suffered from NEC, you should consult with a mass tort lawyer. Whether you are in Houston, Dallas, Austin, El Paso, San Antonio, or any other city throughout the State of Texas, your family may be entitled to compensation if your child was born premature and suffered complication of NEC after being provided baby formula while in the hospital. Mass tort lawsuits are being filed against these manufacturers for failing to properly warn parents of possible exposure to this life-threatening intestinal disease.


On this page you'll learn how Similac and Enfamil causes preemies harm, the latest information from the Center of Disease Control, the legal framework involved in these lawsuits, and how to determine if your family qualifies to join in the group of already filed baby formula cases here in Texas.


Frequently Asked Questions:

Why are people filing baby formula lawsuits?


Parents in Texas with infants who have suffered from NEC are now suing Enfamil manufacturer Mead Johnson and Similac manufacturer Abbott Laboratories because the manufacturers knew or should have known about the risk of NEC and failed to warn parents and medical providers. As a result, these families are seeking compensation for their damages. In some cases, NEC can be treated with antibiotics and surgery, but often the damage is too severe to reverse. Families who have lost a child to NEC may be able to recover damages for their loss, including funeral and burial expenses, medical bills, and pain and suffering.


Necrotizing enterocolitis is a serious gastrointestinal condition that primarily affects infants. The disease is characterized by inflammation and necrosis of the intestinal tissue which can cause holes to form in the intestinal track. Bacteria from the intestine is then able to leak into the blood stream or other areas of the body, causing serious illness or deadly blood infections. NEC can lead to sepsis, organ failure, intestinal scarring, short gut syndrome, brain juries, cerebral palsy, and death. In cases where premature babies suffered from NEC the fatality rate exceeds 50%.


Research provides that preterm infants often have immature gastrointestinal systems and are fed cow's milk-based baby formulas can develop this intestinal complication. Cow's milk has been found to contain high levels of lipopolysaccharides (LPS), which are a type of endotoxin that can trigger an inflammatory responses in the gut.


Do I qualify to file a baby formula lawsuit in Texas?


You may have a legal claim against the manufacturer of your child's baby formula in Texas if they were:

  • Born prematurely

  • fed cow’s milk-based or enriched liquid diets

  • Diagnosed with necrotizing enterocolitis (NEC), or suffered from severe stomach problems or intestinal issues, or needed gastrointernal surgery as a baby.

Even if you child suffered from NEC or similar symptoms years ago, you should reach out to a law firm analyzing potential claims! You also deserve answers about what caused its severity and we can help you understand and there is no-charge to your family in filing a claim for compensation.


How do I file a lawsuit related to a Toxic baby formula?


Contacting Sneed & Mitchell and speaking with one of our infant formula lawyers is the best way to start getting relief for the damage Similac, Enfamil, or a similar milk-based formula impacted your child's health and wellbeing. We'll take care all aspects of the claim filing process so that you can focus on your family during this time.


Although each NEC case is unique, the process generally involves your attorney and legal team:

  • Gathering evidence of what your family experienced in the hospital and afterwards

  • Learning about the child's diagnosis and its impacts

  • Determining if the product your baby ingested was on the recalled list

  • Filing a NEC baby formula lawsuit on your behalf

  • Pursuing compensation in the form of a settlement or verdict for you family

If your child suffered from NEC and you believe they were provided any form of a brand of formula, you should discuss your possible claim with one a legal professional. Contact us today to begin the toxic infant formula claims process. One of our attorney will listen to your story and inform you of the rights and remedies available to you.


What type of compensation can a family receive?


The amount of compensation a family is entitled to recovery various greatly and largely depends on the facts of a specific circumstance.


Several factors separate one child's case from another, including;

  • the severity of the condition

  • the extent of medical treatment

  • surgery costs

  • medical bills

  • economic expenses

  • ongoing medical complications

  • future medical needs

  • level of disfigurement

  • pain and suffering

  • emotional trauma

  • lost wages experienced by the parents

  • punitive damages, if possible

Contact Sneed & Mitchell LLP if your pre-term baby developed NEC. We will review the situation, determine which manufacturer is liable, estimate the degree of economic and non-economic impact, and fight for the maximum level of compensation you deserve.


Texas baby formula lawsuit

Which infant formula brands are toxic?


The list of toxic baby formulas currently includes versions of Similac, Alimentum and EleCare. These three product lines are linked to an outbreak of Cronobacter here in Texas, resulting in hospitalizations and even death.


Some, but not all, of the products that have been found to be unsafe include;

  • Similac®

  • Similac® Special Care

  • Similac® Human Milk®

  • Similac® NeoSure

  • Similac® Alimentum

  • Similac® Human Milk Fortifier

  • Similac® Liquid Protein

  • Enfamil®

  • Enfamil® NeuroPro EnfaCare Infant Formula

  • Enfamil® Premature Infant Formula 20, 24, and 30

  • Enfamil® Human Milk Fortifier

Our attorney strongly believe that Mead Johnson and Abbott Laboratories provided no warnings about NEC as a possible side effect. The baby formula attorneys at Sneed & Mitchell LLP have the experience and resources necessary to hold the manufacturers full accountable for the pain and economic impact your family has experienced.


What signs and symptoms do impacted babies exhibit?


Signs or symptoms that may indicate your child is suffering from necrotizing enterocolitis include;

  • bloody stools

  • abdominal pain

  • bloating

  • diarrhea

  • vomiting green or yellow substances

  • lethargy

  • refusal to eat

  • imability to gain weight

  • birth defects

  • congenital heath condition

  • brain damage

If your child is displaying any of these symptoms, it is important to contact a doctor immediately. An X-ray or MRI may be necessary to confirm the diagnosis. Treatment typically involves antibiotics and aggressive supportive care. In severe cases, surgery may be necessary to remove infected tissue.


With prompt treatment, most infants can fully recovery for the illness, while might endure life-long complications of health impacts. Some of the complications of necrotizing enterocolitis include ongoing abdominal infections, a restriction of the intestines, short bower syndrome, or physical or cognitive growth failure or developments delays.


How much do Similac and Enfamil claims settle for?


Lawsuits related to baby formulas that caused infants to develop NEC are still in the very earliest stages of a Similac and Enfamil litigation. Not one baby formula lawsuits has settled or go to trial yet, which makes it difficult for to predict what the compensation range will be either through court-ordered proceedings or settlement negotiations. At some point, the bellwether trials regarding NEC will test settlement potential of this mass tort or multi-district ligation process and aid to determining a proper valuation.


However, information gathered from recent medical malpractice trials involving NEC to give us some insight on how much money can be expected as part of any possible settlements. In cases involving negligent doctors and NEC the average compensation award was around $3 million. However, cases involving Similac, Enfamil, or other milk-based products would be litigated against manufactures, which often results in higher awards compared to those involving doctors. For this reason, our attorney anticipate that $3 million could be on the low range of NEC cases prosecuted against Abbott Laboratories and Mead.


How do I find a Texas NEC or baby formula lawyer?


Hiring the right lawyer has a huge impact on your opportunity of having a successful case resolutions. The best lawyers will make sure you are taken care, but not all attorneys claiming to handle Necrotizing Enterocolitis and baby formula cases actually understand pharmaceutical litigation and how to prosecute a major company for allowing dangerous products to enter the marketplace.


To find the best NEC or baby formula lawyer you should search for an attorney with:


Free, No Obligation Case Evaluations: Free and confidential case evaluations are a great way to learn more about your legal rights without any risk or obligation of hiring the attorney.

Product Liability Knowledge: Products liability law is a complex area of the law. It is important to have an lawyer who has experiencing litigating cases involving defective or dangerous products against companies and manufacturers.

Decades of Experience: There is no substitute for decades of litigation experience. Make sure the attorney is actually a trial lawyer and regularly tries cases to verdict in a Texas courtroom.

Results of Millions: You need an attorney with experience, resources, and a track record of securing high-dollar settlements and verdicts. Ask about the number of cases in which the attorney has secures awards in excess of one million and ten million.

Legal Help With No Initial Costs: If you have a strong case, the attorney should represent you on a contingency basis, meaning they only get paid if the law firm is succeeds in recovering a settlement or award on your behalf.


We believe our award-winning Texas lawyers are the very best in the business, and many of our peers feel the same way about us. Add Sneed & Mitchell LLP to your list of possible law firms to consult with regarding your child's potential baby formula lawsuit. Attorney Brit Mitchell is a baby formula lawyer and holds formula manufacturers accountable for their conduct through the civil justice system and aim to make the world a safer place. Contact us today by calling 866-434-0014, for by filling out our quick contact information form and one of our attorney will call you immediately.

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