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Necrotizing enterocolitis (NEC) is a disease that causes intestinal tissue to die. A life-threatening condition, NEC is the most common gastrointestinal (GI) emergency among newborn children in the United States. Although the cause of NEC is not clear, researchers believe it may be due to a combination of factors, including premature birth, bacteria in the intestine, blood flow problems, and the child’s diet.

Certain cows-milk baby formulas have been linked with the development of NEC in thousands of infants, leading parents to file suit against the formulas’ manufacturers. These lawsuits claim that the manufacturers knew that their products might cause NEC but did not warn parents or healthcare providers about the risks. Plaintiffs are seeking economic damages to cover medical bills, lost wages, pain, and suffering. Some claims include wrongful death in cases where the child died from NEC.

In 2022, hundreds of these lawsuits were incorporated into a multidistrict litigation (MDL) in the District of Northern Illinois. Thousands more cases are being litigated in state courts across the country. We expect most settlements will bring about private insurance and Medicaid liens.

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