Baby Formula NEC Lawsuit

NEC Baby Formula Lawyer Tracy Paulsen is fighting for justice for premature infants who have been harmed by dangerous infant formula made by Similac and Enfamil.  Baby formula manufacturers marketed to parents of babies born too early, selling them formula that ultimately caused a serious health issue called necrotizing enterocolitis (NEC).   

NEC is a serious condition that primarily threatens vulnerable premature infants who are fed baby formula. It attacks the intestines of these premature babies in their very first weeks of life, necessitating major medical intervention.  Up to 50 percent of infants with NEC are tragically killed by the condition.  Research suggests that even babies who recover from NEC can face permanent disability.

Baby formula giants Similac and Enfamil are accused of failing to warn parents that their premature infant formula could cause a dangerous neonatal illness, NEC.  Lawsuits allege these companies have known for decades that their premature baby formula is harmful to the health of premature infants, and they nevertheless continued to target fragile babies and their families.

For Attorney Tracy Paulsen, representing the families of infants harmed by Enfamil and Similac Premature Baby Formula is a part of her career-long fight for justice.  It is the mission of NEC Lawsuit Lawyers at Rightful Legal to hold the companies who intentionally targeted parents of premature infants responsible for their harmful actions.  We believe that representing clients in Mass Torts against Baby Formula Manufacturers will lead to more protective regulation, oversight, and enforcement to ensure future parents are given the information they need to make informed choices for their premature children.  Attorney Paulsen and the team at Rightful Legal are driven to Fight for Your Rights and hold the corporations who have harmed your innocent child responsible.

Was your Infant diagnosed with NEC after being fed Enfamil or Similac Premature Baby Formula?

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What is Premature Baby Formula?

Premature baby formula is special formula made to feed to babies who are born too early (before 37 weeks of pregnancy). These babies are smaller and not as developed, so they need extra help to grow and become strong.

This kind of infant formula has more calories, protein, and important nutrients than regular baby formula does.  That’s because premature babies need more of these things to catch up in their growth.  It also tends to be easier to digest since their stomachs aren’t fully developed yet.

There are two main kinds of premature baby formula: one used in the hospital, and one used at home after the baby goes home.  A doctor will tell parents which kind to use and when it’s okay to switch to regular baby formula.

What is Necrotizing Enterocolitis?

Necrotizing enterocolitis (NEC) is a serious condition that primarily affects premature infants and can be life-threatening.  It causes inflammation in the intestines, which may lead to the death of intestinal tissue.  In severe cases of NEC, the baby’s intestine can become so damaged that it develops a hole, allowing bacteria to leak into the abdominal cavity or bloodstream, resulting in widespread infection.  Research shows that up to 50% of babies with NEC die from the condition.

The condition often develops suddenly and may present with symptoms such as a swollen or tender belly, bloody stools, vomiting, or difficulty feeding.  NEC usually occurs within the first few weeks of life, particularly in babies who are in neonatal intensive care (NICU).

There is evidence that feeding practices can influence the risk of NEC.  Premature babies who are fed breast milk—either from their mother or a donor—tend to have a lower risk of developing NEC compared to those fed formula. Some types of formula, especially cow’s milk-based products, have been associated with a higher risk in very premature infants. Because of this, hospitals often prioritize human milk for the most vulnerable babies whenever possible.

What are the Signs of NEC?

If your infant was born premature, parents should be on alert for signs of NEC. Some commons signs may include:

• Swollen or hard belly that looks bigger than normal or feels firm to the touch
• Sudden changes in feeding such as refusing to eat or feeding intolerance
• Bloody stools or dark, tar-like poop
• Lethargy (baby is very sleepy, weak, or hard to wake up)
• Low or unstable body temperature
• Apnea (pauses in breathing or shallow breathing)
• Redness or discoloration of the abdomen
• Unusual fussiness or signs of pain when the belly is touched
• Sudden drop in blood pressure or heart rate

If any of these signs appear, parents should seek medical attention immediately. NEC can progress rapidly and requires immediate urgent medical care.

NEC Baby Formula Lawsuit – Mass Tort or Class Action?

In the NEC Baby Formula Lawsuit, most cases are being handled as a mass tort, not a class action.

Mass Tort: Your Baby’s Story Matters

A mass tort means each family files an individual lawsuit, but the cases are grouped together in court because they involve similar facts. You still get to tell your baby’s unique story, and compensation is based on your specific loss, medical bills, and suffering.

Class Action: One Case, One Outcome

In a class action, one or two families would represent thousands, and everyone would receive the same payout. That may be appropriate in other cases, but for something as serious as NEC, where every child’s injuries and medical needs are different, a mass tort allows for personalized justice.

Lawsuits Involving NEC Caused by Baby Formula

Families across the U.S. are suing the baby formula giants who manufacture Similac and Enfamil for failing to warn them about adverse deadly health risks to their babies’ health.

• Allegations: While the plaintiffs in the NEC Baby Formula make a broad range of allegations, the primary theme is that manufacturers failed to warn parents of the dangers of feeding premature baby formula.  Plaintiffs allege that manufacturers knew of the risk that their products could cause NEC and did not want parents to allow them to make informed decisions for their premature babies.
• Defendants: The defendants in the MDL are primarily Abbott Laboratories (makers of Similac) and Mead Johnson & Company (makers of Enfamil).
• Status: More cases continue to be added to the MDL, which is being overseen by the Northern District of Illinois.  A few select cases, called Bellwether cases, are headed to trial. The first of which was heard on May 5^, 2025 and unexpectedly the Federal Judge ruled in favor of Abbott Labs and dismissed the case involving the death of an infant.

• Further Bellwether Trials are scheduled for August 2025.

What Types of Compensation can be Claimed in an NEC Baby Formula?

Victims of NEC caused by Similac or Enfamil Premature Baby Formula can receive compensation including:

• medical expenses related to the disease and complications (past and future),
• Damages for your baby’s pain and suffering, and
• possible punitive damages.

Each case is unique, and the compensation each claimant receives depends on their unique circumstances.

Many factors can affect the value of a Premature Infant Formula personal injury Mass Tort claim.  One important factor in evaluating a case is the severity of the baby’s disease, with more severe cases leading to more compensation.  Other factors include the overall pain and suffering, the baby’s prognosis, and the plaintiff’s other specific circumstances.

If you lost your baby to NEC caused by premature infant formula, Rightful Legal is here to help during this painful time.  Our knowledgeable and compassionate and experienced attorneys are here to evaluate your case for a potential wrongful death claim.  We want to assist your family in obtaining justice for your little one and the immense pain such a loss has caused your family.

If your Child suffered from NEC after drinking Premature

Baby Formula, Now is the Time to See if You are Eligible to Bring a Claim. 

Call Attorney Paulsen Directly

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Why Should You Contact an NEC Baby Formula Attorney Today?

You may be eligible to bring a claim and obtain significant compensation if:

• You fed your premature infant Enfamil or Similac premature baby formula, AND
• Your infant was diagnosed with necrotizing enterocolitis (NEC) after consuming the formula.

You may also be eligible if your child died from NEC after being fed Similac or Enfamil premature infant formula.

If you believe you may be eligible, contact Attorney Tracy Paulsen right away who has helped many families harmed by Enfamil or Similac Baby Formula obtain compensation and justice for the devasting harm, and in some instances, for an unimaginable loss. 

Proving that your baby’s injuries were caused by baby formula is complex and challenging.  Baby formula manufacturing companies have tremendous resources and are fighting families viciously to avoid compensating the victims of their products.  Attorney Tracy Paulsen and her team at Rightful Legal are passionate about holding the huge corporations behind these products accountable for the injuries they knowingly inflicted on your infants across the United States.

It is important to take action now if your child may be eligible.  There are strict time limits for the Premature Infant Formula cases, called the statute of limitations.  This time limit varies by state and when the time limit begins also varies by state. Even if you are no longer feeding your baby premature infant formula, you could still be discovering the injuries caused by their previous baby formula.

You must act quickly so you do not miss out on your chance to obtain the compensation your child deserves.  Rightful Legal can help you calculate the precise date your child’s injury was discovered and take action before time runs out to bring a claim on their behalf.

Why Choose Rightful Legal?

Attorney Paulsen has dedicated her career to representing people harmed by large corporations, including baby formula manufacturers.  Rightful Legal is always ready to Fight for Your Rights and the Rights of Your Child.  Attorney Paulsen knows all too well that victims are just numbers to these corporations, who are driven by greed for profits, even at the expense of the health of the youngest, most vulnerable Americans. 

These companies intentionally targeted parents of premature babies, marketing products which they deemed safe, without warning parents that these very products could severely harm their children.  Attorney Tracy Paulsen is passionate about protecting defenseless children whose parents simply tried to nourish them, only to see them develop a devastating illness.  She and the team at Rightful Legal are fierce advocates for families harmed by corporate negligence. We understand the heartbreak, the fear, and the unanswered questions parents face after a devastating NEC diagnosis. We’re here to guide you through every step—with compassion, transparency, and determination.

• Over 15 years of experience in complex injury cases fighting big corporations
• Personalized legal attention from a small, dedicated team
• Direct access to your attorney—not a call center
• No fees unless we win your case

Let’s Fight for the Rights of Your Child and Children Everywhere. 

If your baby developed NEC after being fed Similac

or Enfamil at home or in the hospital, Contact Rightful Legal Today for a Free Case Evaluation.