If your looking for information about the NEC lawsuit in Georgia, you’ve come to the right place. The baby formula lawyers at Fob James Law Firm represent victims diagnosed with necrotizing enterocolitis (NEC) after ingesting Enfamil and Similac baby formula.
Evidence suggests that cow milk in these formulas can cause premature babies to develop NEC, which is a serious 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.
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 Altanta, Georgia for a free case evaluation.
What Is Necrotizing Enterocolitis (NEC)?
NEC is a serious intestinal disaease that occurs when bacteria invades the infant’s intestinal wall.
The bacteria results in infection and inflammation that can destroy the intestinal tissue. This can leave permanent scars or narrow parts of the infant’s intestine, causing lifelong complications.
In severe NEC cases, the complete destruction of intestine tissue can lead to severe infection and, in many cases, death.
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 cow’s milk based baby formula, call us at 866-837-1010 to schedule your free consultation with a NEC lawsuit lawyer in Georgia.
What Is The NEC Lawsuit In Georgia 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 knew about the dangers of their baby formula. Despite their knowledge, these companies aggressively marketed their baby formula as equivalent to breast milk.
The bottom line that the manufacturers failed to warn parents that their baby formula put babies at risk for NEC.
If you think you have suffered from NEC from toxic baby formula, call us at 866-837-1010 to schedule your free consultation.
Which Baby Formulas Are Linked To NEC?
The baby formulas associated with NEC development 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?
A premature baby in Georgia diagnosed with NEC after ingesting Similac or Enfamil formula may qualify for the NEC lawsuit.
To see if your case qualifies for the baby formula NEC lawsuit in Georgia, contact Fob James Law firm today.
What Can I Recover From A NEC Lawsuit in Georgia?
Every case is unique, but plaintiffs filing NEC lawsuits 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 Georgia NEC Baby Formula Lawyer?
Fob James Law Firm operates on the contingency-fee-basis. 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 NEC lawsuit clients a 35% contingency fee.
To speak with one of our experienced NEC lawsuit lawyers in Georgia, call us today at 866-837-1010.
How Long Do I Have To File A NEC Lawsuit in Georgia?
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 Georgia, you generally have two years from the date of discovery of your injury to file a lawsuit.
Again, NEC claims are complex since they involve children. Contact Fob James Law Firm to discuss to see if your case qualifies.
How Do I Join The NEC Lawsuit in Georgia?
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.
Regardless of your location, all NEC cases are filed in the MDL, which is federal court.
When Will the Georgia NEC Lawsuit Settle?
In large mass tort cases such as the NEC litigation, large battles that must be won before settlement. These battles take time.
Ultimately, the Court will schedule “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.
If plaintiffs are successful in bellwether trials, the defendants may be inclined to explore global settlement.
We anticipate a global settlement after bellwether trials, which will start in 2025. The timeline really depends on the number of bellwether cases that are tried.
Our best guess is that global settlement may occur in 2026.
What Is the Average Settlement for a NEC Lawsuit?
The average NEC lawsuit settlement 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 several factors weigh toward higher settlement values. First, the plaintiffs in the NEC litigation were harmed as premature children. Second, the cost of treatment in NEC cases is substantial. Third, the injuries in NEC cases are severe. For these reasons, we believe that the settlement value of NEC cases are higher than alot of other mass torts.
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.
Taking this with a grain of salt, our best guess is that most NEC cases will settle in the $250,000 to $750,000 range. As more cases settle or go to jury trial, we will have better information on average settlement values.
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.
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:
- May 5, 2025: Mar v. Abbott Laboratories, Case No. 1:22-cv-00232
- August 11, 2025: K.B. v. Abbott Laboratories, Case No. 1:22-cv-05356
- November 3, 2025: Brown v. Abbott Laboratories, Case No. 1:22-cv-02001
- 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:
- Mar v. Abbott Laboratories (Case No. 1:22-cv-00232)
- Diggs v. Abbott Laboratories (Case No. 1:22-cv-05356)
- Etienne & Brown v. Abbott Laboratories (Case No. 1:22-cv-02001)
- 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.
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.
June 09, 2024 – Georgia Resident Files NEC Lawsuit
A mother and resident of Georgia filed a lawsuit against the makers of Similacl baby formula alleding this product caused her premature baby’s NEC diagnosis. The case will be transferred to the MDL Court overseeing the NEC litigation. If the case is not resolved through the MDL, the case may get transferred back to federal court in Georgia.
March 14, 2024 – Illinois Jury Awards $60 Million Dollars
The verdict is in from the first NEC case that has gone to trial. An Illinois jury awarded $60 million dollars to the mother of a premature infant who died from necrotizing enterocolitis (NEC) after being given Enfamil baby formula. The jury found that Mead Johnson, the company that makes Enfamil, did not adequately warn the public about the risks of NEC. The next case that will likely go to trial is in Philadelphia. Huge verdicts like this one help resolve the remaining claims. The question is how many cases does Mead Johnson want to try before global settlement.
RELATED: Read Our NEC Lawsuit Blog For All Updates
The Science Linking Baby Formula and NEC is Compelling
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.
Accordingly, the study clearly supports the argument that baby formula increases the chances of a NEC diagnosis among preterm babies.
Why Our Baby Formula Attorneys are the Top Choice in Georgia
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 Georgia NEC Lawyer Near Me For Help
At Fob James Law Firm, our job is to help you to the best of our ability and fight for you. If you’ve suffered NEC as a result of using baby formula, you should contact our NEC lawsuit attorneys 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 Atlanta, GA 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.