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Necrotizing enterocolitis — NEC — is one of the most devastating diseases that can strike a premature baby. It causes the intestines to become inflamed, to decay, and in severe cases to perforate. NEC requires emergency surgery, can cause lifelong intestinal problems, and kills up to 30% of the infants it strikes, according to research published in the Journal of Pediatrics.
For years, families were told that NEC in premature babies was just one of the unpredictable risks of being born too soon. But evidence is mounting that NEC is often preventable — and that when it strikes, someone may be legally responsible.
The potential sources of responsibility are broader than many families realize: formula manufacturers who marketed cow's-milk-based products without adequate warnings, hospitals that failed to use safer alternatives, doctors who missed the signs of NEC early, and NICU staff who did not follow established prevention protocols.
What the NEC Case Is About
NEC occurs most commonly in premature infants — especially those born before 32 weeks. Research published in the Journal of Pediatrics and other leading medical journals has shown that premature babies fed cow's-milk-based formula develop NEC at significantly higher rates than babies fed human breast milk or donor breast milk.
There are several types of potential negligence that can lead to an NEC case:
Formula Manufacturers
Abbott Laboratories (Similac) and Mead Johnson (Enfamil) are named in thousands of cases (MDL 3026, Northern District of Illinois) alleging they knew about the heightened NEC risk of cow's-milk formula in premature infants and failed to warn parents and hospitals. A separate page on this site covers the formula-specific cases in detail.
Hospital Negligence
Even where formula is involved, hospitals may bear responsibility. The American Academy of Pediatrics (AAP) has recommended human milk — including donor breast milk — for premature infants since at least 2012. Hospitals that had human milk available but chose to use cow's-milk formula instead, without proper informed consent, may face separate legal exposure.
NICU Staff Errors
Failure to recognize early NEC symptoms — belly distension, bloody stools, temperature instability, feeding intolerance — and respond quickly can allow NEC to progress from a treatable condition to a life-threatening emergency. Delayed diagnosis or delayed surgical intervention can also constitute medical negligence.
Doctors
Neonatologists and attending physicians have a duty to monitor high-risk premature infants closely for NEC, to make timely referrals for surgery when needed, and to adequately counsel families about the risks of different feeding approaches.
Who May Qualify
You may qualify if all of the following apply:
- Your child was born premature — typically before 37 weeks, and especially before 32 weeks.
- Your child developed NEC — whether it required medical treatment only, surgery, resulted in permanent intestinal damage, or caused death.
- Your child was fed cow's-milk-based formula in the NICU, or the NICU may have failed to diagnose or treat NEC promptly, or you believe the hospital or medical team failed your baby.
You may qualify even if your child survived NEC. Cases involving long-term intestinal damage, the need for ongoing care, or significant suffering are all worth evaluating.
Two minutes — fill out the free form below.
Tell us what happened in the NICU and what your baby was diagnosed with. A real person will review your information and reach out if your family may have a case.
Start Free Case Check →What Could This Mean for You?
If you qualify, you may be owed money for your child's medical care, surgeries, ongoing treatment needs, pain and suffering, and the impact of NEC on your child's life and your family's life.
We will not quote a number. The value of any case depends entirely on the specific facts — the severity of the NEC, the extent of the injury, the long-term care needs, which parties are responsible, and how the case resolves. Those factors are unique to every family.
What About the Filing Deadline?
Deadlines vary by the type of case and by state. For medical malpractice cases, most states have a 2–3 year statute of limitations that may be extended for cases involving children. For cases against formula manufacturers, different rules may apply. Get an evaluation soon — don't assume you have more time than you do.
How the Process Works
- Fill out the free form — no cost, no commitment.
- A lawyer reviews your baby's NICU records and NEC history. If your case looks like it may qualify, someone reaches out to you.
- If your case qualifies, attorneys work on contingency — you pay nothing unless you win.
- Appropriate responsible parties are identified and your case is filed.
Common Questions
Sources
- Neu J & Walker WA. "Necrotizing Enterocolitis." New England Journal of Medicine, 2011.
- American Academy of Pediatrics. "Breastfeeding and the Use of Human Milk." Pediatrics, 2012.
- Gephart SM et al., "Qualitative Descriptors of Necrotizing Enterocolitis in Infants." Journal of Pediatric Nursing, 2014.
- PACER: MDL 3026, Northern District of Illinois (formula manufacturer cases).