For many parents, choosing a baby formula is a decision made with trust in well-known brands and the belief that these products are safe. Unfortunately, evidence has emerged alleging using certain cow’s milk-based formulas, including Similac and Enfamil, may result in a dangerous condition known as necrotizing enterocolitis (NEC) in premature infants.
Families across Tennessee who have experienced the devastating effects of NEC are now seeking justice through the baby formula NEC lawsuit. If your child developed NEC after consuming one of these formulas, you may be entitled to compensation. The attorneys at Aubrey Givens & Associates, PLLC are here to explain your legal rights and help you take action.
Understanding Necrotizing Enterocolitis (NEC) in Infants
Understanding NEC begins with recognizing just how quickly it can develop in fragile newborns. While advances in neonatal care have improved outcomes, NEC remains one of the most serious complications seen in neonatal intensive care units and requires immediate medical attention.
What Is NEC?
Necrotizing enterocolitis (NEC) is a serious gastrointestinal disease that primarily affects premature or low birth weight infants. The condition causes inflammation in the intestinal lining, which can lead to tissue death, infection, and life-threatening complications. In severe cases, infants may require surgery to remove damaged portions of the intestines, and some do not survive the illness.
Symptoms of NEC often include:
- Abdominal swelling or tenderness
- Lethargy and feeding intolerance
- Blood in the stool
- Vomiting or changes in bowel movements
- Low blood pressure or unstable temperature
Prompt medical care is essential, but even with treatment, NEC can cause long-term health problems such as short bowel syndrome, developmental delays, and ongoing digestive issues.
Why Premature Infants Are Most Vulnerable
Premature babies have underdeveloped immune and digestive systems, making them more susceptible to infections and inflammation. Studies have found that cow’s milk-based formulas may increase the risk of NEC in premature infants compared to those fed human milk. Despite these findings, some hospitals continue to use or recommend formulas that have been linked to higher NEC rates.
Baby Formulas Linked to NEC
Medical research and ongoing litigation have focused on several popular brands of formula that may be associated with NEC in premature infants.
Similac and Enfamil: Many NEC lawsuits involve products manufactured by Abbott Laboratories (Similac) and Mead Johnson & Company (Enfamil). These companies are accused of failing to adequately warn parents and healthcare providers about the heightened risks their products pose to premature infants.
Other Formulas Under Investigation: While Similac and Enfamil are the primary focus, other formulas or fortifiers containing cow’s milk may also increase NEC risks.
In Tennessee neonatal intensive care units (NICUs), cow’s milk-based formulas and fortifiers have often been given to premature babies to promote weight gain. Many families were unaware that these products carried potential dangers. As awareness grows, more parents are demanding accountability and turning to the courts for justice.
Tennessee-Specific Legal Options for Families
Families whose infants suffered from NEC after consuming cow’s milk-based baby formula may qualify to file a lawsuit against the manufacturers. Tennessee law allows victims to seek compensation for damages caused by defective or dangerous products.
Filing a Baby Formula NEC Lawsuit in Tennessee
Filing a baby formula NEC lawsuit involves gathering medical records, identifying the formula used, and proving that it contributed to the child’s illness. Your attorney will also show that the manufacturer failed to provide adequate warnings or acted negligently in designing and marketing the product.
Each state has its own statute of limitations, meaning families in Tennessee have a limited time to file a claim. Working with an experienced product liability attorney ensures that your case is filed correctly and within these legal deadlines.
Mass Tort Litigation vs. Individual Lawsuits
Many NEC cases are part of larger mass tort litigation, where multiple plaintiffs across the country bring similar claims against the same companies. This structure allows families to share evidence and resources while still pursuing compensation based on their individual circumstances.
Alternatively, some families may choose to file individual lawsuits depending on the specifics of their child’s injury and the product involved. A knowledgeable lawyer can explain the advantages of each approach and help determine the best path forward for your case.
Compensation Families May Recover
Tennessee families affected by NEC may be eligible to recover compensation for:
- Medical expenses (current and future)
- Surgery and long-term care costs
- Pain and suffering
- Emotional distress
- Wrongful death damages in fatal cases
The amount of compensation depends on the severity of the injury and the evidence showing the manufacturer’s negligence.
An experienced NEC baby formula lawsuit attorney will be able to give you an estimate as to the amount of compensation you may be able to receive, but there is no guarantee until the case or mass tort litigation is settled.
Similar litigation is currently ongoing, such as the paraquat exposure lawsuit.
Steps Families Should Take After an NEC Diagnosis
If your baby was diagnosed with NEC, it’s important to take immediate steps to protect your legal rights and preserve evidence:
- Obtain all medical records related to your child’s diagnosis, treatment, and feeding history.
- Identify the exact formula used, including product name and manufacturer.
- Document all hospital and medical expenses incurred.
- Contact a qualified attorney experienced in NEC cases to review your situation.
An attorney from Aubrey Givens & Associates, PLLC can evaluate your case confidentially and guide you through the process of filing a claim.
Preventing Future Harm and Raising Awareness
In addition to pursuing compensation, NEC lawsuits help raise awareness about the dangers of certain baby formulas and encourage safer feeding practices in hospitals. Parents and advocacy groups continue to call for stronger warnings, better education for healthcare providers, and increased availability of human milk-based alternatives.
Legal action not only helps individual families but can also influence industry change, holding manufacturers accountable for ensuring product safety. The people’s greatest strength is the collected nature of their voice, powered by those with the legal aptitude to amplify it.
How the Law Office of Aubrey Givens Can Help Tennessee Families
At Aubrey Givens & Associates, PLLC, we are committed to standing up for Tennessee families whose lives have been affected by unsafe products. Our attorneys have extensive experience in mass tort and personal injury litigation, representing clients throughout the state in cases involving defective consumer and medical products.
When you work with our firm, you can expect:
- Compassionate and personalized legal guidance
- Thorough investigation of your child’s medical and product history
- Coordination with medical experts to build a strong case
- Aggressive advocacy for full and fair compensation
If your child developed NEC after being fed a cow’s milk-based baby formula such as Similac or Enfamil, you don’t have to face this alone. Let our team help you seek justice and accountability.
To discuss your potential claim, contact us today at (615) 248-8600 for your free, confidential consultation. We are here to listen, advise, and fight for the recovery your family deserves.
