Understanding the Hidden Connection Between Infant Death, Sepsis, and Necrotizing Enterocolitis (NEC) in wrongful death cases.
It is a nightmare scenario: Your premature baby was fighting hard in the NICU. The doctors and nurses were doing everything they could. Then, suddenly, everything went wrong.
Maybe your baby developed a bloated belly. Perhaps there was blood in the diaper. The medical team rushed into action, talking about infection, sepsis, emergency surgery. Despite their efforts, your baby didn’t survive.
Now you’re left with devastating questions: What happened? Could this have been prevented? Did someone make a mistake?
You might be researching medical malpractice attorneys, trying to understand if the hospital or doctors failed your baby. Some families find that malpractice firms decline the case—often because proving negligence is difficult—even when the death feels preventable. But here’s something most families don’t know—there might be a legal case that has nothing to do with medical malpractice.
The diagnosis on your baby’s death certificate might tell only part of the story.
The Diagnosis That Hides in Plain Sight
If your baby’s medical records mention sepsis, infection, bowel perforation, or “complications of prematurity,” you’re not alone. These are common diagnoses for premature infants who become critically ill in the NICU.
But here’s what many families never discover: these conditions are often symptoms of something else—a devastating intestinal disease called Necrotizing Enterocolitis, or NEC.
NEC is a condition where a baby’s intestines become inflamed and begin to die. As the intestinal tissue breaks down, bacteria leak into the baby’s bloodstream, causing the sepsis and infection that doctors frantically tried to treat.
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Why Don’t Families Know About NEC?
Even good doctors sometimes focus on treating the crisis in front of them—the sepsis, the infection, the emergency—without documenting or explaining the underlying cause. Your baby’s medical records might say “sepsis” because that’s what ultimately caused organ failure and death. But the real question is: What caused the sepsis?
Think of it this way: If someone has a heart attack while driving and crashes their car, the death certificate might list “motor vehicle accident.” But the underlying cause was the heart attack. Similarly, your baby might have died from sepsis—but NEC could have been what triggered that deadly infection.
The Formula Connection Most Families Never Learn
Here’s where this gets even more important for your family’s legal rights.
If your premature baby was fed cow’s milk-based formula in the NICU—especially brands like Similac or Enfamil—the cause of death might not be medical malpractice at all. It might give rise to a defective product claim.
Recent scientific evidence has found an association between cow’s milk-based formula and a higher risk of NEC in premature infants, and that issue is at the center of ongoing litigation. The allegation is that premature babies fed cow’s milk-based formula are significantly more likely to develop NEC compared to babies fed human breast milk.
This Changes Everything About Your Case
When we talk to grieving families, many assume they’re dealing with medical malpractice—that a doctor or nurse made a mistake. And sometimes that’s true. But increasingly, we’re discovering that the real culprit wasn’t the medical team’s actions.
It may have been the formula itself.
This isn’t your fault. This isn’t necessarily the doctor’s fault. This might be the formula manufacturer’s fault for failing to warn parents and medical professionals about the risks.
Does This Sound Like Your Baby’s Case?
Take a moment to consider these questions:
About Your Baby:
- ☐ Was your baby born premature (before 37 weeks, especially before 32 weeks)?
- ☐ Did your baby weigh less than 5.5 pounds at birth?
- ☐ Was your baby in the NICU for more than a few days?
About the Formula:
- ☐ Was your baby fed formula in the NICU (you might not have been told which brand)?
- ☐ Do the medical records mention Similac, Enfamil, or “cow’s milk-based formula”?
- ☐ Was your baby fed through a feeding tube?
About the Symptoms (typically appearing in weeks 2-4 of life):
- ☐ Did your baby develop a swollen, tight, or bloated belly?
- ☐ Were there bloody or dark stools?
- ☐ Did your baby become lethargic or stop feeding well?
- ☐ Did your baby have temperature instability (too hot or too cold)?
- ☐ Did the skin take on a reddish or discolored appearance?
About the Diagnosis:
- ☐ Were you told about sepsis, infection, or bloodstream infection?
- ☐ Was there mention of bowel problems, intestinal issues, or perforation?
- ☐ Did your baby require emergency abdominal surgery?
- ☐ Does the death certificate or medical records mention “complications of prematurity”?
If you checked several of these boxes, your case might involve NEC—even if no one ever used that term with you.
Why the Medical Records Might Not Say “NEC”
You might be wondering: “Wouldn’t the doctors have told us if this was NEC?”
Not necessarily. Here’s why:
1. The Crisis Overshadows the Diagnosis
When a premature baby crashes, medical teams focus on saving the baby’s life. They’re treating sepsis, managing blood pressure, performing emergency surgery. In the chaos, the underlying diagnosis of NEC might not be clearly communicated to parents or even prominently documented in records.
2. The Symptoms Overlap
Sepsis looks like sepsis, whether it’s caused by NEC or something else. A doctor treating a baby for bloodstream infection might document “sepsis” as the primary problem, with NEC mentioned briefly or not at all.
3. It Happens Fast
NEC can progress from first symptoms to death in a matter of hours or days. There might not have been time for doctors to sit down with you and explain everything that was happening.
4. Attribution to “Prematurity”
Some medical professionals view NEC as an unavoidable complication of being born too early. They might not explain it as a distinct condition because, in their minds, “premature babies sometimes get sick.”
Your baby’s death certificate might say “sepsis” or “multi-organ failure” because that’s what the doctors saw at the end. But the story might have started with formula feeding that triggered NEC.
A Real Case: A Baby We Almost Misunderstood
Let me share a case that opened our eyes to this problem.
We recently consulted with a Virginia family whose baby died in the NICU, several days after birth. Initially, we investigated this as a medical malpractice case. The circumstances seemed to suggest that the hospital staff might have missed warning signs or failed to provide adequate care. Doctors found the case to be terribly unfortunate but did not find issues with how the medical staff had treated the baby.
But then we viewed the case from a product liability angle. Did the baby use a defective product? After having a different expert review the medical records, we discovered something crucial: the baby had been fed cow’s milk-based formula, and the baby showed all the classic signs of NEC.
What looked like a tragic medical complication was actually a product liability case. The formula—not medical negligence—was the likely cause of this baby’s death.
This discovery completely changed the family’s legal options and their path to justice.
If we hadn’t looked deeper, this family might have pursued the wrong type of case entirely, or worse, might have been told they didn’t have a case at all.
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Medical Malpractice vs. Product Liability: Understanding the Difference
This distinction matters tremendously for your family’s legal rights.
| Medical Malpractice Case | Product Liability Case (NEC) |
| A doctor or nurse made a preventable mistake | The formula manufacturer failed to warn about risks |
| Substandard medical care caused the injury | The product itself caused the injury |
| Must prove the medical team was negligent | Must prove the product was defective or lacked proper warnings |
| Virginia caps damages at $2.70 million (as of 2026),
increasing $50,000 per year |
No damage caps for product liability claims |
| Shorter statute of limitations in some cases | Different legal deadlines may apply |
| Hospital’s insurance typically covers claims | Formula manufacturer’s corporate assets at stake |
The difference in potential compensation can be substantial. More importantly, the legal strategy, evidence gathering, and expert witnesses required are completely different.
If this sounds familiar, you can speak with our team confidentially. We can review records to determine whether NEC and formula exposure may be involved.
Why Formula Manufacturers Are Being Held Accountable
You might be thinking: “If formula was the problem, why are hospitals still using it?”
That’s exactly what these NEC formula lawsuits are about.
The Scientific Evidence Has Found an Association Between Formula and NEC
Research dating back to the 1990s has shown that premature babies fed cow’s milk-based formula are significantly more likely to develop NEC compared to babies fed human breast milk. Some studies show premature babies are 6 to 10 times more likely to develop NEC when fed formula instead of breast milk.
In 2012, the American Academy of Pediatrics issued a policy statement recommending that all premature infants be provided an exclusive human milk diet specifically because of the NEC risk associated with cow’s milk products. This could potentially form the basis of a NEC wrongful death claim.
So Why Didn’t Anyone Warn You?
This is the heart of the legal claims being filed across the country. Families argue that:
- Abbott Laboratories (maker of Similac) and Mead Johnson (maker of Enfamil) knew about the NEC risk
- They continued marketing their formulas for premature infants anyway
- They never put warnings on their labels
- They never adequately informed doctors, nurses, or parents
Many hospitals continued using cow’s milk-based formulas because they cost less than human milk-based alternatives. Parents allege they were never told they had a choice or that one option was significantly safer than the other.
If you had known the risks, would you have consented to formula feeding? Would you have demanded breast milk or human milk-based alternatives?
Most parents claim they were never given that choice.
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The Litigation That’s Changing Everything
Right now, more than 760 families have filed lawsuits in federal court, with hundreds more in state courts across the country.
Major Verdicts Are Sending a Message
Reported verdicts include:
- July 2024: A Missouri jury awarded $495 million to a family whose baby died from NEC after being fed Similac ($95 million compensatory + $400 million punitive damages)
- March 2024: An Illinois jury awarded $60 million in an Enfamil NEC case
These verdicts (which are on appeal as of early 2026) tell us that juries believe:
- The manufacturers knew about the risks
- They failed to provide adequate warnings
- Babies died as a result
- Families deserve justice and compensation
But it is also important that formula makers have won recent lawsuits. So these are very difficult and uncertain cases.
The Legal Battle Continues
The manufacturers are fighting hard. Abbott’s CEO recently stated on an earnings call that the company would rather pull formula from the market than settle these cases. They claim their products are safe and properly regulated.
But the lawsuits continue to move forward, with major trials scheduled throughout 2026.
Your family might have a claim even if your baby’s death occurred years ago. Legal deadlines vary, but it’s crucial to speak with an attorney soon to understand your rights.
What Parents Should Do Right Now
If you’re reading this and thinking “this might be what happened to my baby,” here are your next steps:
1. Gather Your Baby’s Medical Records
You have a legal right to obtain complete copies of your baby’s medical records. Request:
- NICU admission records
- Daily progress notes
- Nursing flow sheets (these often show what your baby was fed and when)
- Feeding logs or nutrition records
- Laboratory results
- Surgical reports (if applicable)
- Discharge summary or death summary
- Death certificate
Look specifically for:
- Any mention of NEC, necrotizing enterocolitis, or intestinal problems
- Formula brand names (Similac, Enfamil, or others)
- References to “cow’s milk-based formula” or “bovine-based fortifier”
- Timing of when feeding started and when symptoms appeared
- Diagnoses of sepsis, infection, bowel perforation, or abdominal problems
2. Don’t Assume You Know What Type of Case You Have
Many families contact us thinking they have a medical malpractice case, only to discover it’s actually a product liability case—or vice versa. Some cases involve both.
You don’t need to figure this out on your own. That’s what experienced attorneys are for.
3. Understand Your Timeline
Legal deadlines (called statutes of limitations) vary depending on:
- What type of case it is (malpractice vs. product liability)
- When the injury or death occurred
- Your baby’s age at the time of death
- Where the incident happened
In Virginia, these deadlines can be complex. Don’t wait to seek legal advice. Even if you think too much time has passed, you might still have options.
4. Ask the Right Questions When You Contact an Attorney
Not all attorneys handle both medical malpractice and product liability cases. When you call a law firm, ask:
- Do you handle both medical malpractice AND product liability cases?
- Have you handled NEC formula cases specifically?
- Can you review my baby’s medical records to determine which type of case this might be?
- Will you consult with experts in both medical malpractice and product liability?
- What is the statute of limitations for my situation?
- Do you work on a contingency fee basis? (meaning no upfront costs, no fee unless you win)
You’re Not Alone in This Journey
Losing a baby is the worst pain any parent can endure. When that loss might have been preventable, the anguish is even deeper.
You deserve answers. You deserve to know the truth about what happened to your baby. And if a corporation put profits over safety, you deserve justice. Contact our Similac NEC attorney.
The Questions That Keep You Up at Night
We know you’re asking yourself:
- Could I have done something differently?
- Should the doctors have known?
- Why didn’t anyone tell us about the risks?
- Will this ever stop hurting?
We can’t answer that last question—grief has its own timeline, and no legal case can bring your baby back. But we can help you find answers to the others.
This Isn’t About Blaming Yourself or Your Baby’s Doctors
Here’s something important we want you to understand: Discovering that your baby’s death might be linked to formula is not about finding someone to blame just for the sake of it.
It’s about:
- Accountability: Ensuring that corporations can’t hide known risks from parents and medical professionals
- Prevention: Pushing for better warnings and safer practices so other babies don’t suffer the same fate
- Justice: Recognizing that your baby’s life mattered and that this loss has caused real, devastating harm to your family
- Support: Obtaining resources to help with the enormous emotional and financial burden you’re carrying
Many of the medical professionals who cared for your baby were doing their best with the information they had. They might not have known about the formula risks either—because the manufacturers never adequately warned them. They may not realize there may be an Enfamil premature baby claim.
What We Do Differently
At MartinWren, P.C., we understand that cases involving infant death and NEC require a unique approach.
We Investigate Both Angles
When a family contacts us about a NICU death, we don’t immediately assume we know what type of case it is. We:
- Review medical records with both medical malpractice and product liability in mind
- Consult with neonatologists, pediatric gastroenterologists, and product safety experts
- Look for evidence of both medical negligence and product defects
- Help families understand all their legal options
Let Our Family Work For Yours
My spouse Bob and I have built our practice on thorough investigation, expert collaboration, and tenacious advocacy for families facing the worst moments of their lives. Insurance companies know we will try cases when needed.
We Understand Virginia Law
Virginia has unique laws that affect both medical malpractice and product liability cases:
- Damage caps in malpractice cases but not product liability cases
- Specific statute of limitations rules
- Contributory negligence rules that can affect cases
- Venue considerations that matter for your case
We know how to navigate these Virginia-specific challenges to give your case the best chance of success.
The Truth About Your Baby’s Death Matters
Your baby’s death certificate might say “sepsis” or “complications of prematurity.” The doctors might have told you “these things happen with premature babies.”
But you deserve to know the whole truth.
Was it really just “one of those things”? Or was it a preventable tragedy caused by a formula that carried risks no one told you about?
The only way to know is to have someone thoroughly investigate what happened—someone who understands both medical malpractice and product liability, someone who knows what to look for in those medical records.
Take the First Step
If your premature baby died in the NICU, and you’ve been told it was sepsis, infection, or just “complications,” we want to help you find answers.
You don’t need to know whether it’s medical malpractice or product liability. You don’t need to have figured it all out. You just need to take the first step.
Contact MartinWren, P.C. for a Free Case Review
We offer a completely free, confidential consultation. During this conversation, we’ll:
- Listen to your story with compassion and respect
- Review the basic facts of what happened
- Explain what type of investigation would be needed
- Help you understand your legal options
- Answer your questions honestly
There is no fee for this consultation. There is no obligation. And there is no fee unless we recover compensation for your family.
Call us today
Your baby’s life mattered. Your family’s suffering matters. And the truth about what happened matters.
Let us help you find it.
Frequently Asked Questions
Q: How long do I have to file a lawsuit?
A: Legal deadlines vary depending on several factors, including the type of case and when the death occurred. In Virginia, some deadlines can be as short as two years, while others may be longer. Don’t assume you’ve waited too long—contact an attorney to find out for sure.
Q: What if the death certificate doesn’t mention NEC?
A: Many death certificates list the immediate cause of death (like sepsis or organ failure) without identifying the underlying condition. Our investigation will look at the complete medical records, not just the death certificate.
Q: Will I have to pay anything upfront?
A: No. We handle these cases on a contingency fee basis, meaning you pay nothing unless we win your case. All investigation costs, expert fees, and legal expenses are advanced by our firm.
Q: What if I don’t remember which formula my baby was given?
A: That’s okay. The medical records should contain feeding logs and nutrition orders that document exactly what your baby was given. We can obtain and review these records as part of our investigation.
Q: Can I sue if my baby survived NEC but has ongoing health problems?
A: Yes. Many NEC survivors face lifelong complications including short bowel syndrome, developmental delays, and chronic health issues. These cases may also qualify for compensation.
Q: What if this happened several years ago?
A: You may still have a claim. Some product liability cases have longer statutes of limitations than medical malpractice cases. Contact us to discuss your specific situation.
MartinWren, P.C. represents families throughout Virginia in complex personal injury, truck accident, and medical malpractice cases. Attorney Lauren Byrne has not only handled many obstetrical and birth injury cases for grieving families, but she has extensive practical experience and insight due to raising her five kids. This article is for general educational purposes and does not provide medical advice or create an attorney-client relationship. Every case is different. Contact us today for a free, confidential consultation.
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