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Necrotizing enterocolitis (NEC) is one of the most devastating diagnoses a parent can face. This aggressive gastrointestinal disease affects the most vulnerable infants—those born prematurely—and can lead to permanent injury, emergency surgery, or even death. In many cases, NEC is linked to the use of cow’s milk-based formula in NICUs, such as Similac or Enfamil, yet parents are often never warned of this risk.
At Rafferty Domnick Cunningham & Yaffa, we are proud to represent families whose children have suffered from NEC due to medical negligence or product liability. We help parents hold hospitals and manufacturers accountable and pursue the compensation they need to support their child’s recovery or grieve a loss with dignity.
A Serious Gastrointestinal Threat
NEC is a potentially fatal condition in which intestinal tissue becomes inflamed and begins to die. The disease can progress rapidly, causing perforation of the bowel, widespread infection, and multi-organ failure. For premature infants—whose digestive and immune systems are not fully developed—the risks are significantly greater.
When and How It Occurs
NEC typically develops within the first two to six weeks after birth. It is most common among babies born before 37 weeks, especially those weighing less than 5.5 pounds. Once diagnosed, immediate treatment is required. This may involve halting oral feeding, administering IV antibiotics, and, in many cases, performing surgery to remove dead sections of the intestine.
Fragile Bodies, Underdeveloped Systems
Premature infants face unique medical challenges. Their intestines are more permeable, their microbiome is immature, and their immune systems are underdeveloped. These factors make it difficult for them to fight off bacteria and properly digest certain types of nutrition—especially cow’s milk-based formulas.
Feeding Protocols Matter
Medical experts agree that breast milk offers significant protection against NEC. However, when donor milk or mother’s milk is unavailable, many NICUs turn to formula without explaining the risks. This practice can put vulnerable newborns at risk of severe, and preventable, harm.
Scientific Evidence and Risk
Research has consistently shown that premature infants fed cow’s milk-based formulas face a much higher risk of developing NEC. Brands like Similac and Enfamil, although marketed as safe, contain proteins that can trigger inflammation and immune responses in a preterm infant’s delicate intestinal lining.
Manufacturer Responsibility and Lack of Warnings
Despite years of data pointing to the dangers of cow’s milk-based formulas in preemies, these products are still widely used in NICUs. Many parents are never informed of the risks, nor are they told that human milk-based alternatives may exist. This lack of transparency is at the heart of many NEC lawsuits today.
Common Warning Signs
Early signs of NEC include a swollen or tender abdomen, vomiting (especially green or yellow fluid), lethargy, bloody stools, temperature instability, and difficulty feeding. These symptoms may appear suddenly and require immediate medical attention.
Diagnosing the Condition
Diagnosis is typically confirmed through abdominal X-rays, which may show gas in the intestinal wall or signs of perforation. Blood tests can reveal infection or organ stress. Once confirmed, NEC must be treated urgently to prevent permanent damage or death.
Chronic Health Issues
Survivors of NEC may live with serious long-term complications. Some develop short bowel syndrome, a condition that limits the body’s ability to absorb nutrients. Others experience ongoing gastrointestinal issues, delayed growth, or require feeding tubes for years.
Neurodevelopmental and Emotional Impact
Beyond physical health, many NEC survivors suffer from developmental delays. Families may need to navigate physical therapy, speech therapy, or special education plans. The emotional toll on parents and siblings can be overwhelming and long-lasting.
Medical Negligence in the NICU
Not every NEC case results from negligence, but many do. Hospitals are expected to follow strict feeding guidelines and monitor preemies closely. When those standards are ignored—such as administering high-risk formula without informed consent or failing to respond to symptoms—serious errors may result.
Informed Consent and Parental Rights
One of the most common issues in NEC claims is that parents were never told that the formula used carried a known risk. They were not given the option of breast milk, donor milk, or safer alternatives. This failure to inform can be grounds for legal action.
National Litigation Against Formula Manufacturers
Families across the country are filing lawsuits against Abbott Laboratories (Similac) and Mead Johnson Nutrition (Enfamil), alleging that the companies failed to adequately warn of the risks of NEC. Despite decades of scientific evidence, these manufacturers have continued to promote their products for premature infants in hospitals.
Claims of Marketing Misrepresentation
Lawsuits allege that these companies knowingly marketed their formulas as safe for NICU use without disclosing the significantly increased risk of NEC in premature infants. Many of these cases are being consolidated into mass tort litigation due to the widespread nature of the harm.
Step One: Contact an Attorney
The first step in pursuing justice is to speak with an attorney experienced in NEC litigation. Our firm offers a free, no-obligation consultation where we will listen to your story, review your child’s medical history, and explain your legal options.
Step Two: Investigate the Case
We will obtain and examine your child’s medical records, including NICU notes, feeding charts, and surgical reports. Our legal team consults with pediatric and neonatal experts to determine whether medical negligence or product failure played a role.
Step Three: File the Lawsuit
If evidence supports your claim, we will file a lawsuit on your behalf. This may involve legal action against the hospital, doctors, nurses, or formula manufacturers—or all of the above. We handle the entire legal process so you can focus on your family.
Step Four: Pursue Justice
Our attorneys will negotiate on your behalf, or if necessary, take your case to trial. Throughout the process, we will fight for the maximum compensation available under the law.
Medical Expenses
Families may recover compensation for all medical costs related to NEC, including NICU stays, surgeries, medications, and follow-up care. If your child has long-term needs, such as feeding tubes or in-home nursing, we work with experts to project future expenses and ensure you’re fully covered.
Long-Term Impacts
NEC can lead to lasting conditions like short bowel syndrome or developmental delays. Compensation may account for long-term care, special education, adaptive equipment, and future lost earnings if your child is permanently disabled.
Pain and Emotional Distress
Your child may have suffered intense physical pain. You and your family may also be compensated for emotional trauma, stress, anxiety, and the toll of caring for a medically fragile child.
Wrongful Death
If NEC led to your child’s death, you may be entitled to damages for funeral costs, emotional pain, and the loss of your child’s companionship and future.
Hospitals and Medical Staff
Hospitals and NICUs may be liable if they failed to monitor your baby, delayed diagnosis, used unsafe feeding practices, or didn’t warn you about formula risks. Doctors and nurses can also be held responsible for negligence or poor judgment.
Formula Manufacturers
Companies like Abbott (Similac) and Mead Johnson (Enfamil) may be held accountable for marketing their products as safe for preemies while failing to warn of NEC risks. Many lawsuits argue they knew—or should have known—the dangers.
Shared Responsibility
In many cases, both the hospital and the formula company share liability. We investigate every angle to hold all responsible parties accountable and pursue the maximum compensation available.
Experience That Matters
Rafferty Domnick Cunningham & Yaffa is a nationally respected trial firm with a long history of success in medical malpractice, product liability, and birth injury litigation. Our attorneys bring decades of combined experience to every case, with deep knowledge of the medical, legal, and emotional complexities involved in NEC-related claims.
A Reputation Built on Results
Our firm has earned a reputation for securing significant verdicts and settlements for families whose children suffered preventable harm. We collaborate with some of the country’s leading neonatologists, pediatric surgeons, and life-care planning experts to build the strongest case possible. Whether through settlement negotiations or in front of a jury, we fight tirelessly to achieve justice for our clients.
Compassionate Representation for Families
What truly sets us apart is our unwavering commitment to the families we serve. We understand that this is not just a case—it’s your child’s life, your family’s future, and your quest for answers. From the moment you contact us, you’ll receive personalized legal guidance, emotional support, and tireless advocacy. We handle every case with the urgency and compassion it deserves.
Contact Rafferty Domnick Cunningham & Yaffa about Your Florida Injury Claim Today
What is necrotizing enterocolitis (NEC)? Necrotizing enterocolitis is a serious gastrointestinal condition that affects mostly premature infants. It causes inflammation and death of intestinal tissue and can lead to life-threatening complications such as bowel perforation, sepsis, and organ failure. Many cases require emergency surgery and long-term medical care, and some result in permanent disability or death.
Is there a link between NEC and infant formula? Yes, multiple studies have shown that premature babies who are fed cow’s milk-based formulas like Similac or Enfamil have a significantly higher risk of developing NEC compared to those who are fed human breast milk. Despite these findings, many hospitals continue to use these formulas in NICUs without fully disclosing the risk to parents.
Do I have a case if my baby developed NEC after being fed formula in the NICU? If your premature infant was diagnosed with NEC after being given cow’s milk-based formula, you may have a legal claim. You could pursue compensation if the hospital failed to warn you about the risks, if staff delayed diagnosis or treatment, or if a formula manufacturer failed to provide proper safety warnings. A legal review of your child’s medical records can help determine your eligibility.
Who can be held responsible for my child’s NEC? Liability may rest with the hospital, medical providers, or the formula manufacturer. Hospitals may be responsible for negligent care or failing to inform parents of risks. Formula companies may be liable for marketing their products for premature infants without adequate warnings, despite known dangers.
What kind of compensation can families receive? Compensation may cover medical expenses, ongoing care needs, pain and suffering, emotional trauma, and, in the case of a child’s death, funeral costs and wrongful death damages. Every case is unique, and the value of a claim depends on the extent of the injury and future needs.
If your child was diagnosed with NEC after being fed Similac, Enfamil, or any cow’s milk-based formula in the NICU, we encourage you to reach out. You may be entitled to financial compensation, and more importantly, to the truth.
Contact us today to schedule your free, confidential consultation. We represent clients throughout Florida and nationwide. You deserve answers. Your child deserves justice.
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