WV Attorney Fights for Victims of NEC Caused by Baby Formula  

Firm seeks full compensation for cases stemming from severe and fatal gastrointestinal injuries

Parents only want the best for their children, especially while their kids are young and vulnerable. This reality is never more evident than in the way parents care for premature infants, who need lifesaving medical intervention. Unfortunately, many parents who intended to do what was best for their premature infants were not aware of the risks associated with certain baby formulas. Their infants subsequently developed necrotizing enterocolitis (NEC), a potentially deadly gastrointestinal disease. Now, hundreds of parents have filed lawsuits against the producers of those baby formulas. At Mountaineer Injury Law Group in Morgantown and Martinsburg, we assist in their pursuit of justice. We provide aggressive representation focused on maximizing the compensation you and your infant deserve.                       

NEC baby formula lawsuits 

For various reasons, newborns might need baby formula in addition to, or in place of, mother’s milk. However, the younger the infant, the more cautious doctors must be about recommending a formula. For premature infants, formulas made from cow’s milk are potentially hazardous, as decades-old studies have shown these formulas, such as Similac or Enfamil, increase tenfold the chances that an infant will develop necrotizing enterocolitis. NEC causes infants to suffer:

  • Intestinal tissue necrosis (organ death)
  • Perforations of the bowel
  • Septicemia (blood poisoning) and sepsis
  • Lifelong complications, loss of function, and disability
  • Death

The most outrageous aspect of this tragedy is that the formula manufacturers, Abbott Laboratories and Mead Johnson & Co., knew of the dangers to premature infants, but failed to warn consumers about the risks.

How to qualify for an NEC lawsuit

Parents of infants, born prematurely, who ingested cow’s milk-based formula and later developed NEC, may be eligible for personal injury or wrongful death compensation. Personal injury damages would provide payments for all related medical expenses, past and future, as well as compensation for any related pain and suffering experienced over a lifetime. However, parents must act quickly. Multi-district litigation is underway now, and the defendant companies are expected to settle. If you wait too long, your claim might not win approval until the settlement funds have been exhausted. Now is the time to act.

Options for pursuing your claim     

There are a couple of legal options if you are considering an NEC baby formula claim. The first is a products liability action against the manufacturer for failure to warn about the dangers. Many such suits are underway now and are being consolidated as class actions. You may qualify to join the class, and would be eligible to share in any settlement or verdict.

The second possibility is to file a medical malpractice claim against a healthcare provider who recommended or administered the formula to your child. This type of claim gives you added time, since the law extends the statute of limitations for cases of medical malpractice against a child. Nevertheless, you should consult my firm immediately, so I can begin gathering evidence to support your claim.

When we speak, I will provide up-to-date information about all your options and how to present the strongest possible case for appropriate compensation.

Contact a West Virginia products liability lawyer for a free NEC injury consultation

Mountaineer Injury Law Group provides strong legal advocacy to parents whose infants developed NEC after ingesting Similac or Enfamil. To schedule a free consultation in either Morgantown or Martinsburg, please call 304-202-5835 or contact me online.

Contact the Firm




124 Fayette Street,
Morgantown, West Virginia 26505





126 E Burke Street,
Martinsburg, West Virginia 25401