Infant Formula Lawsuits

The Dangers of Cow’s-Milk Based Formulas for Preemies

All newborn babies need breast milk because it contains enzymes and nutrients that protect them from illness and infection, promotes healthy development of their organs, and has many long-term health benefits. Since breastfeeding may not be possible for premature babies, they are fed human breast milk through tube feeding. If the mother’s own milk supply is not enough to provide sufficient nutrients to her baby, may either use donor breast milk or cow’s-milk based formula as a supplement.

Unfortunately, research has shown that feeding premature babies cow’s-milk based formula increases their risk of NEC, which is a gastrointestinal disease that primarily impacts premature and ill newborns. The disease is characterized by the rapid intestinal destruction by inflammation or injury of bowel tissue, causing necrosis or tissue death, or even creating a hole or perforation in the intestinal wall in severe cases.

The following are the common symptoms of NEC:

• A red, swollen, or tender belly
• Diarrhea
• Vomiting
• Blood in the stool
• Abdominal bloating
• Unstable body temperature
• Breathing difficulties
• Lethargy
• Apnea
• Hypotension
• Bradycardia

NEC often results in catastrophic injuries such as loss of the large and small intestines, permanent blindness, cerebral palsy, and death. The condition can be diagnosed through an abdominal X-ray, elevated white blood cell count, a low platelet count, a fecal occult blood test, and lactic acidosis.

Failure to Warn

The manufacturers of Enfamil and Similac products, Abbot and Mead Johnson, allegedly failed to properly warn that their cow’s-milk based formula significantly increases the risk of NEC and/or death among premature babies. None of these products properly warned parents, physicians, and other healthcare providers of such dangerous risks.

Abbott and Mead Johnson allegedly knew or should have known that their formula posed an unreasonable danger to premature infants when these products are properly used. Additionally, the manufacturers are accused of falsely marketing their products as “medically endorsed” and “nutritionally equivalent” to human breast milk.

Medical Malpractice

On the other hand, if a doctor or medical professional provides cow’s-milk based formula to premature infants instead of mother’s breast milk, human donor milk, or other non-cow’s milk-based formulas, parents may seek damages through a medical malpractice lawsuit if their child suffers serious or fatal injuries from ingesting such products. Furthermore, if your child’s doctor failed to diagnose or treat your child’s NEC symptoms in a timely manner, misdiagnosed your child, or otherwise failed to follow the proper medical standards, you may be eligible to file a medical malpractice lawsuit against the physician.