NEC Baby Formula Lawsuit In Tennessee

If your looking for information about the NEC lawsuit in Tennessee, you’ve come to the right place. The baby formula lawyers at Fob James Law Firm represent families whose infants were diagnosed with necrotizing enterocolitis (NEC) after consuming Enfamil and Similac baby formula.

Evidence suggests that cow’s milk in these formulas can cause premature babies to develop NEC, which is a serious and potentially life threatening intestinal disease.

The crux of the NEC lawsuit is that the makers of Enfamil and Similac baby formulas failed to adequately warn parents of the risks using their products.

If your child has been diagnosed with NEC, please don’t hesitate to reach out to us. Our biggest concern is making sure you get the justice and the compensation that you deserve.

Contact our experienced NEC baby formula lawyers in Nashville, Tennessee for a free case evaluation.

What Is Necrotizing Enterocolitis (NEC)?

NEC is a serious intestinal disease that occurs when bacteria invades the infant’s intestinal wall.

The bacteria results in infection and inflammation that can destroy the gastrointestinal tissue. This can leave permanent scars, tear the intestinal wall, or narrow parts of the infant’s intestine, causing lifelong complications.

In severe NEC cases, the complete destruction of intestinal tissue can lead to severe infection and, in many cases, death. Early symptoms of NEC include:

• fatigue or lethargy
• refusal to eat
• unable to gain weight
• a swollen or tender belly
• red, blue, or gray disclaloration of the belly
• constipation
• diarrhea
• a low body temperature

Premature infants that are fed cow’s milk based formula are at a significantly higher risk for developing NEC. Consequently, the NEC lawsuit focuses on premature babies.

If you think your premature infant was injured due to baby formula, call us at 866-837-1010. Don’t hesitate to schedule your free consultation with a NEC lawsuit lawyer in Tennesee.

What Is The NEC Lawsuit In Tennessee About?

Under product liability law in the U.S., manufacturers have a duty to warn consumers about dangers of their products.

The NEC lawsuits allege that the makers of Similac and Enfamil (Abbott Laboratories and Mead Johnson) knew that premature babies consuming their cow’s milk formulas are at a much higher risk for developing NEC.

Despite such knowledge, these companies aggressively marketed their baby formula as equivalent to breast milk while failing to warn parents of the risks.

Many hospitals feed Similac and Enfamil baby formula to premature infants in the NICU. Because Abbott Laboratories and Mead Johnson failed to disclose the risk of NEC, parents were not able to make an informed decision regarding their infants consumption of cow’s milk baby formula.

The bottom line that Abbott Laboratories and Mead Johnson failed to warn parents that their baby formula put infants at risk for NEC.

Which Baby Formulas Are Linked To NEC?

Baby formulas associated with NEC are manufactured by Mead Johnson (the maker of Enfamil) and Abbott Laboratories (the manufacturer of Similac).  

The following types of infant formula are linked to necrotizing enterocolitis: 

Enfamil Infant Formulas and Human Milk Fortifiers (Mead Johnson) 

• Enfamil NeuroPro EnfaCare Infant Formula 
• Enfamil Premature Infant Formula 24 Cal High Protein 
• Enfamil Premature Infant Formula 24 Cal with Iron 
• Enfamil Premature Infant Formula 30 Cal with Iron 
• Enfamil Premature Infant Formula 20 Cal with Iron 
• Enfamil 24 Cal Infant Formula 
• Enfamil DHA & ARA Supplement 
• Enfamil Human Milk Fortifier Powder 
• Enfamil Human Milk Fortifier Acidified Liquid 
• Enfamil Human Milk Fortifier Liquid High Protein 
• Enfamil Human Milk Fortifier Liquid Standard Protein 

Similac Infant Formulas and Human Milk Fortifiers (Abbott Laboratories) 

• Similac NeoSure Formula 
• Similac Special Care 20  
• Similac Special Care 24 
• Similac Special Care 24 High Protein  
• Similac Special Care 30 
• Similac Alimentum 
• Similac Alimentum Expert Care 
• Similac Liquid Protein Fortifier 
• Similac Human Milk Fortifier Powder 
• Similac Human Milk Fortifier Concentrated Liquid 
• Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid 

Who Qualifies for the NEC Baby Formula Lawsuit in TN?

Anyone in Tennessee whose premature baby was diagnosed with NEC after ingesting cow’s milk formula or fortifier in the NICU may qualify for the NEC lawsuit.

The NEC case criteria in most situations involves the following factors:

• Baby born premature (before 37 weeks)
• Infant given Similac or Enfamil formula in NICU before NEC diagnosis,
• Infant diagnosed with necrotizing enterocolitis (NEC),
• Infant suffered specific serious injuries requiring medical treatment: (i.e. the child died, had one or more surgeries, has ongoing gastrointestinal or other bowel conditions, has cerebral palsy or other ongoing neurological conditions, or suffered other serious/lasting injuries.),
• Child born after 2006

To see if your case qualifies for the NEC lawsuit, contact a Tennessee baby formula lawyer at Fob James Law firm today.

What Can I Recover From A Tennessee NEC Lawsuit?

Every case is unique, but plaintiffs who successfully file a NEC lawsuit can recover money for the following damages:

• PAST AND FUTURE MEDICAL BILLS (INCLUDING MEDICATION, HOSPITAL STAYS, AND IN-HOME CARE)
• PAIN AND SUFFERING
• LOST WAGES
• LOSS OF EARNING CAPACITY
• FUNERAL EXPENSES (IN THE VENT OF A LOVED ONE’S DEATH)
• BROADLY SPEAKING, A PLAINTIFF COULD BE ENTITLED TO COMPENSATION FOR ANY PAST AND FUTURE COSTS ASSOCIATED WITH THEIR NEC DIAGNOSIS

If a premature infant died from NEC, the parents may be able to file a wrongful death lawsuit.

What Does It Cost To Hire A Tennessee NEC Lawyer?

Fob James Law Firm operates on the contingency-fee-basis in the NEC lawsuit. This means we only get paid a percentage of the recovery if we successfully resolve your case.

Our fees come out of a favorable settlement or jury award, not out of your pocket. If we do not obtain a recovery then you owe us nothing.

Many clients have told us that other firms are charging 45% contingency fees in the NEC litigation.

Fob James Law Firm charges hair NEC lawsuit clients a 33-40% contingency fee.

To speak with one of our experienced Tennessee NEC lawsuit lawyers, call us today at 866-837-1010.

How Long Do I Have To File A NEC Lawsuit in Tennessee?

The time to file a claim is know as the statute of limitations (“SOL”). The SOL for NEC lawsuits is very complicated.

The SOL is different for minors than for adults. Also, every state is different so make sure you consult with an attorney about how long you have to file a lawsuit.

In Tennessee, you generally have one year from the date you discovered that Similac or Enfamil caused your infant’s NEC to file a lawsuit.

However, for cases involving children still alive, the statute of limitations “tolls” until the injured minor is 18 years old. On their 18th birthday, the claimant has one year to file a lawsuit against the negligent party. Tolling extends the time period to a NEC lawsuit because of the minor status of the plaintiff.

Again, NEC claims are complex since they involve children. Contact our NEC baby formula lawyers to discuss potential filing deadlines in your case.

How Do I Join The Tennessee NEC Baby Formula Lawsuit?

It is simple to join the NEC lawsuit. Call us today or submit your contact information and our attorneys will call you to discuss your case.

It does not matter where you live. We represent victims of toxic baby formula in all 50 states.

When Will the Tennessee NEC Lawsuit Be Settled?

In large mass tort cases such as the NEC litigation, battles must be won before settlement. These battles take time.

Many plaintiffs are filing cases in federal court. These cases are conslidated in the MDL court under one judge. Other plaintiffs are filing lawsuits in state courts like Missouri.

Since NEC cases are being litigated in various courts, not all cases are on the same timeline. So far, the NEC cases in state court are further along than the cases filed in federal court.

There has actually been multiple jury trials in state court NEC cases. You can read about these cases in our NEC lawsuit update blog.

For the cases in federal court, the MDL court has scheduled “bellwether” trials, which are like test trials. These trials give plaintiffs and defendants a good barometer on value and strength of certain types of cases. The goal of the bellwether trials is to facilitate a global settlement for a majority of the the pending cases.

We anticipate a global settlement after bellwether trials, which will start in 2025 and carry on into 2026. The timeline for settlement really depends on the number of bellwether cases that are tried.

Our best guess is that settlement for the MDL cases may occur in 2026.

What Is My NEC Lawsuit in Tennessee Worth?

The value of your NEC lawsuit is difficult to determine because every case in unique. Many factors go into the value of the case, including:

• severity of plaintiff’s injuries
• permanency of the injuries
• whether the plaintiff had surgeries
• the total cost of medical treatment, including future medical expenses
• age of the plaintiff
• the plaintiff’s pain and suffering
• the venue where the case is litigated

That being said, we believe three key factors weigh toward higher settlement values compared to other mass torts:

1. The plaintiffs in the NEC litigation were harmed as premature children,
2. The cost of treatment in NEC cases is substantial, and
3. The injuries in NEC cases are severe.

Although the jury verdicts in the bellwether cases have been in the tens of millions of dollars (or higher), we do not think that settlement values will track jury verdicts. Simply put, they never do.

Keep in mind that the jury in the second NEC trial returned a defense verdict. This means the plaintiff in that case got nothing.

Taking this with a grain of salt, our best guess is that most NEC cases will settle in the $50,000 to $500,000+ range. As more cases settle or go to jury trial, we will have better information on average settlement values.

To discuss your case value, schedule a free consultation with our experienced Tennesse NEC lawyers today.

The Science Linking Baby Formula and NEC is Compelling

The studies below suggest that medical professionals have known of the risks using baby formula for decades. This includes the fact that baby formula increases the chances of a NEC diagnosis among preterm babies.

The Lancet Study

In 1990, The Lancet published a study indicating that babies fed exclusivley baby formula were 6-10 times more likely to get NEC than babies fed breast milk. Babies fed both breast milk and formula were still 3 times more likely to get NEC.

Journal of Pediatrics

Similar to The Lancet study, the Journal of Pediatrics published a study in 2009 finding that preterm babies fed exclusively breast milk were 90% less likely to develop NEC as compared to a diet that included some cow’s milk-based products. 

U.S. Surgeon General

In 2011, the U.S. Surgeon General warned that premature babies who are not breast fed are 138% more likely to develop NEC.

Journal of the American Medical Association

Moreover, a new NIH funded study published in the Journal of the American Medical Association links baby formula to necrotizing enterocolitis [NEC].

Specifically, the study found that extremely preterm infants fed donated human milk had half the rate of NEC as preterm infants who were fed formula. 9% of preterm babies fed formula were diagnosed NEC. On the other hand, only 4.2% of preterm babies fed donated human milk were diagnosed NEC.

NEC Baby Formula Class Action Lawsuit Updates

Updates on the NEC lawsuit are posted in our blog throughout the litigation.

If you have any immediate quesitons or concerns, call us 24/7 to speak with one of our attorneys.

December 2, 2024 – Status Conference Scheduled for December 19th

The next status conference in the Federal Court MDL will occur on December 19th. At this conference, Judge Pallmeyer will likley discuss the following issues:

• outstanding discovery issues,
• any global settlement updates, and
• the bellwether selection and trial process.

Often, status conferences are the way Judges keep track of the progress in the litigation. Their goal is to keep the lawsuits moving along in a reasonable manner.

November 1, 2024 – St. Louis Jury Returns NEC Defense Verdict

Plaintiffs in the NEC litigation had momentum, having won the first two trials. In disappointing news, a jury in St. Louis returned a defense verdict for Abbott and Mead Johnson. This case differed from the first two. Stay tuned for our analysis of what went wrong.

October 11, 2024 – Proposed Bellwether Trial Schedule

We previously posted about the four bellwether cases selected in the Federal Court MDL. The parties in those cases agreed to the following proposed trial dates:

1. May 5, 2025:  Mar v. Abbott Laboratories, Case No. 1:22-cv-00232
2. August 11, 2025:  K.B. v. Abbott Laboratories, Case No. 1:22-cv-05356
3. November 3, 2025: Brown v. Abbott Laboratories, Case No. 1:22-cv-02001
4. February 2, 2026: Inman v. Mead Johnson & Company, LLC, et al., Case No. 1:22-cv-0373

As the first trial date approaches, we’ll see if the Defendants settle or take on the risk of trial.

October 1, 2024 – Proposed Trial Dates Are Due in the Federal MDL and Trial Underway in Missouri

Counsel for Plaintiffs and Defendants in the federal NEC lawsuit must jointly submit proposed trial dates to the Court for the four bellwether trials by Friday. We will post the trial dates as soon as the they are released.

Meanwhile, the third NEC trial is underway in Missouri state court. The case is Whitfield v. St. Louis Children’s Hospital. We will follow this case closely. The last trial resulted in a large verdict for the plaintiff. Hopefully, that success continues.

September 3, 2024 – Bellwether Cases Selected In Federal Court MDL

The first Bellwether cases selected in the Illinois Federal Court MDL are:

1. Mar v. Abbott Laboratories (Case No. 1:22-cv-00232)
2. Diggs v. Abbott Laboratories (Case No. 1:22-cv-05356)
3. Etienne & Brown v. Abbott Laboratories (Case No. 1:22-cv-02001)
4. Inman v. Mead Johnson & Co. (Case No. 1:22-cv-03737)

We anticipate that these Bellwether trials will begin in 2025.

August 2, 2024 – St Louis Jury Awards $485 Million Dollars

The plaintiffs scored a big win after a St Louis jury awarded the plaintiff a $485 million dollar verdict against Abbott Laboratories in a bellwether trial.

The case was about Margo Gill, an Illinois mother and her three-year-old daughter, Robynn, who was hospitalized after suffering from necrotizing enterocolitis [NEC].

The jury believed the baby formula caused Robynn’s NEC so they awarded $95 million in compensatory damages and $400 million in punitive damages.

Hopefully this verdict helps faciliate a global resolution.

July 15, 2024 – Tennessee Mother Files NEC Lawsuit

A mother in Memphis, TN filed a lawsuit against Abbott Laboratories alleging that her son died from using their baby formula while in the Newborn Intensive Care Unit.

In her Complaint, Nakia Harris says her son was born prematurely at birth and fed cow’s milk-based baby forumula made by Abbott. Shortly thereafter, he developed Necrotizing Enterocolitis and died.

The case was initially filed in the Circuit Court of Shelby County, TN. Abbott subsequently filed a “notice of removal” which transfered the case to the United States District Court for the Western District of Tennessee. Thereafter, the case was transfered to the MDL Court for litigation.

If the case is not resolved in the MDL Court, it may ger transfered back to federal court in Tennessee.

Nakia’s story has unfortunately become far too common in Tennessee. Abbott failed to warn Doctors and mothers about the risks of its baby formala. Infants in Tennessee and across the country have died as a result.

RELATED: Read Our NEC Lawsuit Blog For All Prior Updates

Why Our Tennessee Baby Formula Attorneys are the Top Choice

For more than 40 years, the attorneys at Fob James Law Firm have been fighting for victims of injuries across the country.

• WE WORK CLOSELY WITH EACH OF OUR CLIENTS, ENSURING THEY RECEIVE PERSONALIZED ATTENTION. WITH OUR FIRM, YOU WILL ACTUALLY SPEAK WITH YOUR DEDICATED LAWYER NOT AN ASSISTANT.
• WE MAKE SURE THAT WE DO NOT TAKE SO MANY CASES THAT WE DO NOT HAVE TIME TO GET TO KNOW OUR CLIENTS ON A PERSONAL BASIS. KNOWING WHAT OUR CLIENTS ARE GOING THROUGH HELPS US MORE EFFECTIVELY ADVOCATE ON THEIR BEHALF.
• WE MOVE FAST. WE DO NOT SIT ON CASES. WHEN WE TAKE YOUR CASE WE AGGRESSIVELY WORK YOUR CASE FROM DAY ONE TO ENSURE YOU GET THE COMPENSATION YOU DESERVE AS SOON AS POSSIBLE.
• WE ARE NOT AFRAID TO TAKE YOUR CASE TO TRIAL. AS TRIAL LAWYERS WE LOVE TO LITIGATE CASES IN COURTHOUSES ACROSS THE COUNTRY.
• WE NEVER CHARGE FEES UP FRONT. IF WE DO NOT WIN YOUR CASE YOU OWE US NOTHING.

Our case results and client testimonials speak for themselves. Call us today to schedule your free consultation and case review

Contact a NEC Baby Formula Lawyer Near Me In Tennessee

At Fob James Law Firm, our job is to help you to the best of our ability and fight for you. If your infant suffered from NEC as a result of using toxic baby formula, contact our Tennessee NEC lawsuit lawyers immediately.

We can determine if you are eligible to file a lawsuit or not. It won’t cost you anything to speak with us. You will never pay us anything until we successfully settle or win your case in court.

Our NEC baby formula lawyers in Nashville, TN are experienced, dedicated, and they truly care about you. We treat all of our clients exactly how we would want our own family members to be treated.

Contact us right now at 866-837-1010 or set up a free case evaluation so we can help you.