Beginning in 2020, the baby formula shortage in the United States has been a major stressor and challenge for families with infants. Struggling to find stores that carry formula without clarity as to when the shortage will end or what consequences it may have can be an incredible mental strain for parents. While the impact of the baby formula shortage may not have been as significant in New Mexico as it was in other states, many families may still have difficulty finding formula.
To understand why the baby formula shortage is occurring and what may become of it, parents may benefit from familiarizing themselves with the current litigations against formula companies. The shape and nature of these lawsuits may affect the future of the baby formula shortage.
A skilled New Mexico pediatric medical negligence attorney from Erin Marshall Law may be able to provide details regarding these litigations and their potential impact on an individual. Consider scheduling an initial consultation today by calling (505) 218-9949 for more details.
Causes and Implications of the Baby Formula Shortage
The baby formula shortage in the United States began in 2020 and has generally remained a present factor and concern since that time. Many different factors have contributed to the shortage’s duration, and each has subsequently complicated the issue further. Understanding these chains of cause and effect may help clarify where the shortage came from and what this might mean moving forward.
COVID-19 Supply Chain Issues
The initial cause of the baby formula shortage was the supply chain issues during the COVID-19 pandemic. Due to closed borders and dramatic shifts in the workforce, the supply of formula dropped significantly. To make matters worse, baby formula was one of the many retail items that shoppers stockpiled due to uncertainty and fear. However, this was not the only contributing factor. As supply lanes began to clear, several other challenges arose that reduced the supply of infant formula further.
Abbott and Mead Johnson Lawsuits
Major recalls of formula in 2022 due to claims of necrotizing enterocolitis (NEC) infections and cronobacter sakazakii then exacerbated the issue by pulling formula off shelves. The primary companies affected were Abbott and Mead Johnson, both major manufacturers of formula, which also contributed to the decreased availability of formula. Plant closures due to suspected contamination and subsequent lawsuits from families who were affected by either NEC or cronobacter sakazakii have increased pressure on the strained industry.
NEC and Cronobacter Sakazakii Lawsuits
Conditions present at certain production plants and suspicions of negligence led to several major lawsuits from families whose infants were affected by diseases due to formula. Necrotizing enterocolitis (NEC) and cronobacter sakazakii were both connected to baby formula produced by Abbott and Mead Johnson, which provided grounds for families to litigate for damages.
For more information on formula-related diseases and pediatric medical negligence, consider speaking with a skilled medical malpractice attorney from Erin Marshall Law.
Risks of the Diseases
NEC is a dangerous disease that affects the intestines of infant babies and can lead to serious consequences including death. The bacterial infection can lead to degeneration of the intestinal wall and often requires surgery which may have side effects such as short bowel syndrome (SBS). Cronobacter sakazakii is a bacterial infection that may affect the bloodstream and central nervous system, which can lead to impaired motor development, abscesses, and even death. Both of these diseases are particularly dangerous to infants and may be associated with cows’ milk derived formulas, according to Consumer Notice.
Details of the Litigation
Currently, many families are filing lawsuits against Abbott and Mead Johnson due to severe illness and even death of infant children. These litigations have been ongoing since 2022, but have continued to grow and shift due to new information and connections made in the relevant cases. In 2024, Abbott was found guilty by the courts and was ordered to pay out $495 million to the plaintiff. However, Abbott seeks to have this decision overturned and means to appeal the decision. In later 2024, the landscape shifted in favor of Abbott and Mead Johnson when a St. Louis judge sided with the companies. The future of the litigation remains unclear, however.
Who Can File a Similac Lawsuit?
For those who may have been affected by the potential negligence of these companies, litigation may be an option. Families and caregivers of premature infants who contracted NEC or cronobacter sakazakii after consuming a product produced by one of these companies may qualify for a lawsuit, depending on the statute of limitations and when the infection was discovered. A skilled attorney may help families understand what may qualify them for a lawsuit to recover damages.
Formula Resources for New Mexico Parents
In light of the litigations, and in response to the nationwide baby formula shortage, the New Mexico Early Childhood Education and Care Department (ECECD) has enacted several programs to support parents who may require formula to support infant children. Some of these programs are new, created in response to the shifting landscape, and some are variations and adaptations of existing programs.
One program initiated by the ECECD is the New Mexico Infant Formula Support Network. This network is a Facebook group designed to provide families with connections and regular updates on where formula can be found. The state encourages its residents to come together and support one another, while it also promises to provide regular updates on the current outlook of the baby formula shortage.
New Mexico also employs a Women, Infants, and Children (WIC) program to provide additional financial support to families with children. For financially disadvantaged families, WIC can help support them with baby essentials such as formula from WIC participating stores. The program is working closely with WIC-authorized vendors to help provide formula during this unprecedented baby formula shortage. Signing up for this program may help families in New Mexico acquire formula in a financially sustainable way.
Contact a New Mexico Pediatric Medical Negligence Attorney
Regardless of how one was impacted by the baby formula shortage, the ongoing nature of the issue could cause serious problems in the future. Whether it is a family who was impacted by the defective products produced by Abbott and Mead Johnson or a new parent trying to find baby formula for a child who needs it, the baby formula shortage may cause serious issues for families with infants. A skilled New Mexico pediatric medical negligence attorney from Erin Marshall Law, however, may be able to provide insight into the situation and help navigate the challenges. Consider scheduling a consultation today by calling the office at (505) 218-9949.
