In the past few years, baby formula lawsuits have come into the limelight as parents demand justice for babies who were severely affected by health complications following the consumption of some cow’s milk-based formula. Lawsuits have been made against prominent companies, such as Abbott Laboratories (Similac) and Mead Johnson & Company (Enfamil), accusing them of not warning parents and medical professionals about the dangers of their products—particularly in premature babies.
The main issue in such lawsuits is necrotizing enterocolitis (NEC), a life-threatening gastrointestinal illness that may occur in preterm infants who are fed cow’s milk-based formula. If your infant has been harmed after using a baby formula product, you can be entitled to file a lawsuit and recover damages for medical costs, pain and suffering, and other losses.
Why Are Baby Formula Lawsuits Being Filed?
Parents and legal representatives believe that formula producers knowingly distribute items that are detrimental to premature infants without giving appropriate warnings. These companies are alleged to have done the following by the lawsuits:
- Failed to warn hospitals and parents about the potential risks associated with cow’s milk-based formulas.
- Did not conduct sufficient safety testing before marketing these products as safe alternatives to breast milk.
- Continued to sell their formulas despite scientific evidence linking them to NEC in preterm infants.
These lawsuits seek compensation for affected families and aim to hold formula manufacturers accountable for failing to protect vulnerable infants.
What Is Necrotizing Enterocolitis (NEC)?
NEC is a serious and potentially life-threatening intestinal illness that mostly occurs in premature and low-birth-weight babies. It happens when bacteria penetrate the wall of the intestine, leading to inflammation, infection, and, in extreme cases, tissue death or intestinal perforation.
Symptoms of NEC:
- Abdominal swelling and tenderness
- Feeding intolerance or difficulty
- Bloody stools
- Lethargy and weakness
- Vomiting, sometimes with a greenish tint (bile)
- Changes in breathing or heart rate
Potential Complications of NEC:
- Sepsis (a life-threatening infection in the bloodstream)
- Bowel perforation (a hole in the intestines, requiring surgery)
- Short bowel syndrome (a condition that affects nutrient absorption)
- Long-term digestive issues
- Death in severe cases
Research has shown that premature babies who are fed cow’s milk-based formula are at a substantially increased risk of contracting NEC in comparison to those that are fed breast milk or human donor milk. In spite of this, some manufacturers of infant formula continued to market their products without providing adequate warnings regarding the risks.
Who Can File a Baby Formula Lawsuit?
Parents or guardians of newborns who had NEC or severe health issues subsequent to the ingestion of cow’s milk-based infant formula might have a right to pursue a claim. If the infant had NEC, needed to undergo surgery, or unfortunately died from complications due to the formula, the parents could have grounds for a product liability or wrongful death claim.
California law enables victims to recover for medical bills, lost wages, and other losses, but insurance companies and statutes of limitation can complicate the process. Understanding how to file a claim correctly ensures you have the best chance of recovering fair compensation for your losses and injuries.
Types of Claims in Baby Formula Lawsuits:
- Product liability – Claiming that the formula was inherently dangerous for premature infants.
- Failure to warn – Arguing that manufacturers did not adequately inform parents or medical professionals about NEC risks.
- Negligence – Stating that the companies failed to take appropriate precautions to prevent harm.
An attorney specializing in product liability or medical lawsuits can help parents determine if they qualify to file a claim and guide them through the legal process.
Compensation Available in a Baby Formula Lawsuit
Families who file lawsuits against formula manufacturers may be eligible to recover compensation for:
- Medical expenses – Costs related to treating NEC, including hospital stays, surgeries, medications, and follow-up care.
- Pain and suffering – Compensation for the baby’s physical pain and the emotional distress suffered by parents.
- Lost wages – If parents had to take time off work to care for their child.
- Future medical expenses – If the baby suffers long-term health complications from NEC.
- Wrongful death damages – If a baby died due to NEC, families may seek compensation for funeral and burial expenses, as well as emotional suffering.
Current Status of Baby Formula Lawsuits
Multiple lawsuits have been brought against formula makers, many of which were consolidated into multidistrict litigation (MDL) to make the legal process more efficient. Although some cases remain in their infancy, legal analysts estimate that settlements or verdicts may result in substantial payouts to impacted families.
If your child developed NEC or some other serious condition that has been associated with formula, you can still bring a claim. Statutes of limitation differ by state, so you should contact a lawyer right away.
How to File a Baby Formula Lawsuit
Filing a baby formula lawsuit can be a complex process, but an experienced attorney can guide you through each step. If you suspect your child’s health was harmed by baby formula, follow these steps:
- Consult a lawyer – Find a personal injury or product liability attorney experienced in baby formula lawsuits.
- Gather medical records – Collect evidence showing that your child consumed formula and later developed NEC or another condition.
- Identify the responsible manufacturer – Your lawyer will help determine which company produced the formula that caused harm.
- File the lawsuit – Your attorney will prepare and submit the necessary legal documents.
- Negotiate or go to trial – Some cases may settle outside of court, while others may proceed to trial for a verdict.
Many law firms handle these cases on a contingency fee basis, meaning you won’t have to pay unless you win your case.
How to Protect Your Child’s Health
If you are a parent of a premature baby or are currently using baby formula, consider the following precautions:
- Talk to your pediatrician – If your baby was born prematurely, ask about the risks of cow’s milk-based formulas.
- Consider alternative feeding options – If possible, breast milk or donor human milk may be safer alternatives for premature infants.
- Monitor your baby’s health – If your child shows symptoms of NEC, seek immediate medical attention.
Protecting Your Child’s Rights
Though baby formula is still a staple for many babies, parents have a right to know the dangers involved with some brands. If your child has been harmed as a result of a health problem linked to a formula, a lawsuit can bring economic compensation and force manufacturers to answer for not properly warning consumers. An experienced lawyer can guide you through the system and battle on behalf of your family for the compensation you need.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
