Infant Formula Litigation

Overview

Morris James is pursuing claims against the manufacturers of Similac and Enfamil baby formula for failings that led to the illness and death of premature babies.

Numerous premature infants who were fed Similac or Enfamil formula in the neonatal intensive care unit developed necrotizing enterocolitis (NEC), a serious and life-threatening condition. The Similac or Enfamil products are cow’s-milk-based formulas specifically designed for premature infants. However, the formula manufacturers did not warn parents or medical providers that cow’s-milk-based formula carries a substantially increased risk of NEC for premature infants. Parents of affected infants are now suing manufacturers Abbott Laboratories and Mead Johnson for the harm they have caused.

NEC is a serious gastrointestinal disease that is most often seen in premature babies. It causes severe inflammation leading to intestinal tissue damage. In some cases, a hole develops in the infant’s intestinal wall, allowing bacteria to leak into the abdomen. Babies with NEC can become very sick, require major surgery, and develop lifelong complications. Tragically, NEC is often fatal in premature infants.

Multiple studies have shown that the risk of a premature infant developing NEC is significantly higher when fed cow’s-milk-based infant formula. One study found a 77% reduction in the odds of developing NEC for babies receiving an exclusive human milk diet over those fed or fortified with a cow’s-milk-based product. The manufacturers of Similac and Enfamil did not warn consumers of this risk. As a result, innocent babies have suffered by consuming their formula, and families have been torn apart by loss and overwhelming financial burdens.

At Morris James, our attorneys have been standing up for victims since we opened our doors in 1932. If your child has been harmed by infant formula or you have questions about infant formula lawsuits, you may find answers in our Infant Formula Litigation FAQs. You can also contact us online or call us 302.655.2599 to learn more.

Products Liability FAQs

What Types of Potentially Harmful Products Lead to Lawsuits?

We use and interact with hundreds of different products on a daily basis at home, at work, in school, in parks and other public spaces. Some types of products that are commonly involved in product liability lawsuits include:

Pharmaceutical Products

Food Products / Containers

Childcare Products / Children’s Toys

We have experience litigating a variety of product liability cases, including manufacturing defects and design defects.

How is Liability Determined in a Product Liability Case?

It can be difficult for victims to determine who is responsible for their injuries without a thorough investigation. It may not immediately be clear whether a manufacturer, designer, or other party is responsible for the defect that caused your injury. Our Delaware product liability lawyers are experienced at gathering evidence and proving negligence in product defect cases so that the liable party can be clearly identified and held responsible for your injuries.

How Do I Find the Right Product Liability Lawyers in Delaware?

The right representation can help you secure the most favorable outcome in your case. Each law firm has a different guiding philosophy, and finding one that fits with your needs will make for the best experience. Set up an initial consultation with a law firm to learn more about its services and gauge how comfortable you are with the firm's attorneys. Here are a few things you should look for when considering Delaware product liability attorneys:

Experience: Defective products are a specific niche of the law, and you'll want an attorney who has handled these types of cases in the past. Such attorneys will have the best understanding of the law and how to deal with the setbacks that come with any civil case. A high-quality law firm will be forthcoming about its past experience too, so make sure you check.
Results: Has the law firm secured positive results for defective product cases in Delaware before? How recently? You'll want to know specifics, such as settlement amounts. While outcomes will vary from case to case, knowing that a lawyer has had some success will give you confidence in their skills and ability to fight on your behalf.
Reputation: Look for a firm that's respected within the industry and has a long, established history of fighting for those who experienced product-caused personal injury in Delaware.