[shakespeare47]

We lost our daughter to NEC back in 2006. She was delivered by cesarean at 28 weeks because my wife had preeclampsia. She was doing great until day 7 or so - then she developed necrotizing enterocolitis (NEC) and died soon after.

We recently found out that there was found to be a correlation between preterm (preemie) infant death and baby formula (specifically Similac and Enfamil) consumption - so many parents are coming forward to be part of a class action lawsuit. We recently confirmed that our daughter was given Similac, so we are going to be part of the lawsuit.

Has anyone else lost a child to NEC? It was a terrible experience, I wouldn't wish it on my worst enemy.

[shakespeare47]

I should mention that I misspoke - the correlation is between cow's milk baby formula (Similac and Enfamil) and NEC - some preterm (preemie) infants develop NEC and survive. The lawsuit will include any preterm (preemie) infants who developed NEC while being fed Similac or Enfamil.

[shakespeare47]

So far - here's what my wife and I know. There have been studies going back to 1990 that show a link between cow's milk formula and NEC in premature infants. That 1990 study found that infants fed cow's milk formula were 20 times more likely to develop NEC. Later studies showed that infants fed breast milk (instead of cow's milk formulas) were 90% less likely to develop NEC.

Evidence-Based Feeding Strategies Before and After the Development of Necrotizing Enterocolitis (Expert Rev. Clin. Immunol. July 2014). Here is the key quote: “Necrotizing enterocolitis (N.E.C.) is a devastating disease of premature infants with significant morbidity and mortality. It is well established that the risk is increased by the administration of infant formula.” This will be a key study in any NEC baby formula lawsuit.

Another round of clinical study results was published in 2016 (Beyond Necrotizing Enterocolitis Prevention – Breastfeeding Medicine ) and 2017 (Human milk is the feeding strategy to prevent necrotizing enterocolitis – Semin Perinatol.). This language here is pretty unambiguous: “Extremely premature infants who received an exclusive HUM [Human Milk] diet had a significantly lower incidence of NEC and mortality. The HUM group also had a reduction in late-onset sepsis, BPD, and ROP. This multicenter study further emphasizes the many benefits of an exclusive HUM diet, and demonstrates multiple improved outcomes after implementation of such a feeding protocol.”

In 2019, Cochrane (an independent health care research group) released the results of the most comprehensive study to date comparing health results for premature babies fed with bovine formula versus human milk. The results of the Cochrane study put to rest any lingering debate about the existence of a causal relationship between cow-milk-based formulas and NEC in premature infants. This study underscores the risk to babies with NEC.

Our attorneys requested our daughter's medical records in order to confirm that she was given Similac - it was difficult going through those records - it brought back a lot of sad memories. And it's becoming increasingly clear that the manufacturers of the formula knew of the risks, but didn't warn anyone.

[Discombobulated]

I’m sorry for your loss, and I wish you luck with the law suit. I didn’t know about such a risk, thank you for warning us.

[shakespeare47]

Originally Posted by Discombobulated

I’m sorry for your loss, and I wish you luck with the law suit. I didn’t know about such a risk, thank you for warning us.

Thank you! At the time of our daughter's birth, we had no idea that there were risks involved with cow's milk formula - if we had known, we would definitely have fed her my wife's milk - something that wasn't even presented as an option.

[shakespeare47]

So many parents started coming forward with lawsuits against the manufacturers of the formulas (Enfamill and Similac), that the courts now require all lawsuits to be combined and go through a district court in Illinois. Here are the latest updates -

September 1, 2022 Update: Lawyers in the NEC infant formula class action lawyers have turned their eyes to the plan to choose which NEC lawsuits go to trial first. The MDL judge now has a draft plan outlining a process for the selection of a pool of 12 cases for the opening round of bellwether test trials.

The lawyers will submit a list of 12 NEC lawsuits that could potentially be fully prepared for trial. This would involve even numbers of cases involving both Abbott and Mead Johnson together or as sole defendants. Once these 12 cases are selected, they will go through pretrial discovery, interrogatories, depositions, etc. After discovery is completed, each side will pick two NEC lawsuits out of the group of 12 for a total of four initial bellwether trials.

September 16, 2022 Update: The judge in the formula NEC class action lawsuit issued a significant order last week establishing the schedule and protocol for the selection of bellwether test cases.

First, a pool of 12 “bellwether discovery cases” will be selected. The plaintiffs will pick four of the cases. The defendants will also select four cases. The Court will randomly select the remaining four cases for this pool. This selection process will complete by November 23.

These 12 cases will then go through a short fact discovery phase. Once this discovery is completed, four of the 12 cases will be picked for the initial bellwether test trials. The plaintiffs will pick two and the defendants will pick two. The four bellwether trials will then be held 12 weeks apart, alternating between cases selected by the plaintiffs and the defendants.

[Discombobulated]

Originally Posted by shakespeare47

Thank you! At the time of our daughter's birth, we had no idea that there were risks involved with cow's milk formula - if we had known, we would definitely have fed her my wife's milk - something that wasn't even presented as an option.

That’s shocking you weren’t given the option, my heart goes out to you.

[shakespeare47]

Originally Posted by Discombobulated

That’s shocking you weren’t given the option, my heart goes out to you.

Hopefully, now that this is all out in the open, and there are financial penalties involved, the manufacturers will start putting a warning label on the formulas they produce, and the hospitals will start advising their patients about the risks involved with feeding cow's milk formulas to preterm (preemie) infants.

[shakespeare47]

After some recent conversations, I realized that the attorneys we contacted have not yet decided if they are going to take our case. I find it hard to believe they will find a reason not to take it - but I'm still anxious to get the confirmation. Hopefully we will get a definitive answer soon.

[shakespeare47]

And now we wait.... Ive just seen a published schedule for the first NEC trials. The bellweather cases won't go to trial until after March of 2024.

Still no word re: whether or not our lawyers have decided to take our case.

[Discombobulated]

The law works so slowly in the UK, I’m guessing it might be similar for you too. Everything crossed this will eventually get justice for your daughter.

[shakespeare47]

Update - A lawsuit has been filed on our behalf. Now we must continue to wait. The bellweather cases should start going to trial early next year.

After the bellweather cases go to trial, the best case scenario would be for the manufacturers to realize just how much money they will have to pay out in lawyer's fees, etc., if each case goes to trial separately and offer a lump settlement.

If the manufacturers don't offer some kind of lump sum, then we'd have to wait our turn to go to trial.

[WastingAsparagus]

My heart hurts to hear this, I'm so sorry for your loss. I hope justice is done for you, maybe it will help for some closure. Still, that hurts.

P.S. please keep us updated on this if you feel comfortable doing so. I really hope that justice is done. Also, still really sorry that happened.