The Alvarez Law Firm
NEC Baby Formula Lawsuit Attorneys — Nationwide

Your Baby Deserved
Safe Formula.
We Fight for Justice.

If your baby developed necrotizing enterocolitis (NEC), someone may be responsible — whether it was a formula manufacturer, a hospital, or both. We find out who and hold them accountable.

Board Certified trial lawyers. An M.D. & J.D. who reads NICU records with medical-trained eyes. Nationwide representation. No fee unless we win.

M.D. + J.D.
Medical-Legal Expert on Team
0
Trial Experience
50 States
Nationwide Cases
Alex Alvarez, Board Certified Trial Lawyer, and Herb Borroto, M.D., J.D. — NEC lawsuit team at The Alvarez Law Firm
Alex Alvarez
Board Certified Civil Trial Lawyer
Herb Borroto
M.D. & J.D. — Medical-Legal Expert
Scroll
No Fee Unless We Win Nationwide NEC Representation M.D. & J.D. on Staff Free Confidential Case Review
Understanding NEC

What Is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis is a life-threatening intestinal disease that disproportionately strikes premature infants. NEC can result from multiple factors — including formula feeding, hospital negligence, delayed diagnosis, and failures in NICU care.

How NEC Develops in Premature Infants

NEC occurs when bacteria invade the wall of the intestine, causing inflammation that can rapidly progress to tissue death (necrosis). In premature infants — whose digestive systems are underdeveloped and immune systems are fragile — the condition can be triggered by formula feeding, improper NICU protocols, delayed medical response, or other preventable causes. The result can be catastrophic:

  • Intestinal perforation — holes form in the intestinal wall, leaking bacteria into the abdominal cavity and causing life-threatening infection

  • Emergency surgery — surgeons may need to remove dead portions of intestine, sometimes resulting in short bowel syndrome requiring lifelong IV nutrition (TPN)

  • Sepsis and organ failure — bacterial infection from perforated intestines can spread throughout the bloodstream, leading to septic shock

  • Long-term developmental delays — surviving infants may face neurodevelopmental disabilities, growth failure, and chronic gastrointestinal problems

  • Death — NEC has a mortality rate of 20–50% in very low birth weight infants, making it one of the deadliest conditions in neonatal medicine

Multiple Causes — Multiple Responsible Parties:

Research has shown that premature infants fed cow's milk-based formula face significantly elevated NEC risk compared to breast milk-fed infants. But formula isn't the only factor — hospital failures such as delayed diagnosis, improper feeding protocols, failure to recognize early NEC symptoms, and substandard neonatal care can also cause or worsen NEC. We investigate every potential cause to identify all responsible parties.

0

NEC Cases Per Year in the U.S.

Approximately 12,000 premature infants are diagnosed with NEC annually in the United States

6–10x

Multiple Causes of NEC

Formula feeding, hospital negligence, and delayed diagnosis are among the leading preventable causes of NEC

0

Mortality Rate in Severe Cases

Up to half of very low birth weight infants with severe NEC (surgical NEC) do not survive

0

Lawsuits Filed Nationwide

Families across the country are holding formula manufacturers and hospitals accountable through NEC litigation

Who Is Responsible

Who Is Responsible for Your Baby's NEC?

NEC can be caused by formula manufacturers who failed to warn, hospitals that didn't follow proper protocols, or both. We investigate every angle to identify all responsible parties and maximize your family's recovery.

Formula Manufacturers

Abbott (Similac) & Mead Johnson / Reckitt (Enfamil)

Manufacturers like Abbott and Mead Johnson had decades of scientific evidence linking their formulas to elevated NEC risk in premature infants — yet continued marketing these products to NICUs without adequate warnings. When formula feeding contributed to your baby's NEC, we pursue product liability and failure-to-warn claims against the manufacturers.

Product Liability Failure to Warn Negligent Marketing

Hospitals & NICU Staff

Medical Negligence & Failures in Neonatal Care

NEC doesn't always start with formula. Hospitals and NICU staff can be liable when they fail to follow proper feeding protocols, delay switching to breast milk when available, miss early NEC warning signs, or provide substandard neonatal care. When hospital negligence contributed to your baby's NEC, we pursue medical malpractice claims.

Medical Malpractice Delayed Diagnosis NICU Protocol Failures

We Investigate Every Potential Cause

Formula Feeding

Was your baby fed Similac, Enfamil, or another formula linked to elevated NEC risk in premature infants?

Hospital Negligence

Did the NICU fail to follow proper feeding protocols, miss early NEC symptoms, or provide substandard care?

Both — Maximum Recovery

When both the manufacturer and the hospital share blame, we pursue product liability and malpractice claims simultaneously

NEC Lawsuit Eligibility

Do I Qualify for an NEC Lawsuit?

You may have a claim if your premature infant developed NEC. Here are the key factors we evaluate.

Premature Birth

Your baby was born prematurely (before 37 weeks gestation) or had a low birth weight (under 5.5 lbs / 2,500 grams)

NICU Stay

Your baby spent time in a neonatal intensive care unit (NICU) where care decisions may have contributed to NEC

NEC Diagnosis

Your baby was diagnosed with necrotizing enterocolitis (NEC), confirmed by medical imaging, clinical findings, or surgical pathology

Resulting Injuries or Death

Your child suffered surgery, short bowel syndrome, developmental delays, long-term medical complications, or passed away from NEC

Not Sure If You Qualify?

Every case is different. If your baby developed NEC, we want to hear your story. Herb Borroto, who holds both a medical degree and a law degree, personally reviews NICU medical records to determine what caused your child's NEC and who is responsible.

Get Your Free Case Review
Your Legal Team

A Trial Lawyer and an M.D./J.D.
That's the Alvarez Advantage.

NEC cases demand two kinds of expertise: the ability to investigate and build a powerful legal case, and the medical knowledge to prove exactly what caused your baby's injury. We have both.

Alex Alvarez — Board Certified Trial Lawyer and Managing Partner at The Alvarez Law Firm

30+

Years Fighting
for Justice

Managing Partner

Alex Alvarez
Board Certified Civil Trial Lawyer (NBTA)

Before becoming one of Florida's most respected trial lawyers, Alex Alvarez served as a Miami-Dade detective who led the historic "Miami River Cops" investigation — resulting in the conviction of 18 corrupt officers. That same relentless investigative instinct drives every NEC case he takes.

Alex traces the entire chain of negligence — whether that leads to a formula manufacturer, a hospital, or both. As a Board Certified Civil Trial Lawyer — a distinction held by less than 1% of Florida attorneys — Alex is prepared to take your case all the way to a jury.

Board Certified (NBTA)
Former Detective
30+ Years Experience
Nationwide Practice
M.D. & J.D.

Herb Borroto, M.D., J.D.
Medical & Legal Training Dedicated to Reading Your Baby's NICU Records

Most NEC lawyers hire outside medical experts to review your baby's records. At The Alvarez Law Firm, that medical expertise is on your legal team. Herb Borroto earned his medical degree (M.D.) before attending law school — giving him the unique ability to analyze NICU charts, feeding protocols, and clinical decision-making with the understanding of someone trained in medicine.

In NEC cases, the NICU medical records are everything. Herb Borroto identifies exactly what happened to your baby — what they were fed, whether the NICU followed appropriate protocols, whether early NEC symptoms were recognized and acted upon, and who bears responsibility. This dual medical-legal training is an advantage that most NEC law firms simply cannot offer.

"When I review a baby's NICU records, I bring the lens of my medical training — and that changes everything about what we find."

— Herb Borroto, M.D., J.D.
Medical Degree (M.D.)
Juris Doctor (J.D.)
NICU Records Expert
Florida Bar Member
Herb Borroto, M.D., J.D. — reviewing NICU medical records for NEC cases at The Alvarez Law Firm
M.D. & J.D.
Medical-Legal Expert
Our Proven Process

How We Build Your NEC Case

1

Free Case Review & NICU Record Request

Call us or submit our form. We'll gather your baby's NICU medical records, feeding logs, and discharge summaries. Herb Borroto personally reviews the medical records to identify what went wrong and who is responsible.

2

Medical & Product Investigation

Herb Borroto analyzes the NICU protocols with his medical training while Alex investigates all potential defendants. We identify every responsible party — whether it's a formula manufacturer, a hospital, the NICU staff, or all of them — building the strongest possible case.

3

Expert Testimony & Case Construction

We assemble a team of neonatologists, gastroenterologists, product safety engineers, and life care planners to prove causation and calculate the full scope of your damages — including lifetime medical costs, developmental support, and pain and suffering.

4

Aggressive Pursuit of Maximum Compensation

We fight for every dollar your family deserves. Whether through settlement negotiations or trial, our Board Certified trial lawyer is prepared to take on formula manufacturers, hospitals, or anyone responsible. You pay nothing unless we win.

Frequently Asked Questions

NEC Lawsuit Questions & Answers

We understand you have questions. Here are answers to the most common questions about NEC lawsuits.

Necrotizing enterocolitis (NEC) is a devastating gastrointestinal disease that primarily affects premature and low-birth-weight infants. NEC occurs when the intestinal tissue becomes inflamed and begins to die (necrose). It can lead to intestinal perforation, sepsis, short bowel syndrome, long-term developmental delays, and death. NEC can result from multiple factors including formula feeding, hospital negligence, delayed diagnosis, and failures in NICU care. It is one of the leading causes of death in neonatal intensive care units.

If your baby developed necrotizing enterocolitis, you may have a strong legal claim. NEC lawsuits can target formula manufacturers (like Abbott and Mead Johnson) for product liability, hospitals and NICU staff for medical negligence, or both. The Alvarez Law Firm evaluates every potential cause — formula, hospital protocols, delayed diagnosis, and more — to identify all responsible parties. We handle NEC cases from all 50 states.

NEC lawsuits can seek compensation for past and future medical expenses (including NICU stays, surgeries, and ongoing care), pain and suffering experienced by the infant, emotional distress of the parents, loss of quality of life, developmental therapy and special education costs, lifetime care needs for children with short bowel syndrome, and in wrongful death cases, funeral expenses and loss of companionship. The specific amount depends on the severity of injury, extent of long-term complications, and other factors unique to each case.

The statute of limitations for NEC lawsuits varies by state, typically ranging from 2 to 6 years from the date of injury or from when the injury was discovered. Many states have special rules that extend deadlines for claims involving minors (known as "tolling" provisions). However, critical evidence — including NICU feeding logs, formula lot numbers, and medical records — can become harder to obtain over time. We strongly recommend contacting an attorney as soon as possible to preserve your rights.

There is absolutely no upfront cost. The Alvarez Law Firm handles all NEC cases on a contingency fee basis, meaning we only get paid if we win your case. You will never receive a bill from us. Our free case review is completely confidential and comes with zero obligation. We advance all costs of litigation, including medical record retrieval, expert witnesses, and court fees.

You may still have a valid claim. Many states have statutes of limitations that are tolled (paused) for minors, meaning the deadline may not begin running until the child reaches the age of majority (18 in most states). Additionally, the "discovery rule" in many jurisdictions means the clock may not start until you knew or should have known what caused the NEC. Contact us for a free review — we can evaluate the specific deadlines that apply to your situation.

Yes. In fact, this is one of The Alvarez Law Firm's greatest strengths. Herb Borroto, who holds both a medical degree and a law degree, can evaluate whether the NICU staff failed to follow appropriate protocols, delayed treatment, ignored early NEC symptoms, or provided substandard neonatal care. When hospital negligence contributed to your baby's NEC, we can pursue medical malpractice claims — either on their own or alongside product liability claims against formula manufacturers — maximizing your family's total recovery.

The Alvarez Law Firm is uniquely positioned for NEC cases because our team includes both a Board Certified Civil Trial Lawyer (Alex Alvarez, certified by the National Board of Trial Advocacy) and Herb Borroto, who holds both a medical degree (M.D.) and a law degree (J.D.), and reviews NICU medical records with unique dual expertise. This means we can independently analyze neonatal feeding protocols, identify medical deviations, and build both product liability and medical malpractice claims simultaneously. Most NEC law firms send your case to a "settlement mill" — we prepare every case as if it's going to trial.

Time-sensitive. NEC evidence degrades and statutes of limitations apply. Get your free case review now →

Start Your NEC Case Today

Your Baby's Story
Deserves to Be Heard

No parent expects their baby to develop a life-threatening illness in the NICU. If your child developed NEC — whether caused by formula, hospital negligence, or other factors — you have the right to hold the responsible parties accountable.

Your consultation is free, completely confidential, and comes with zero obligation. Herb Borroto, M.D., J.D., will review your baby's NICU records with both medical and legal expertise, and give you an honest assessment of your claim.

100% Free Consultation No Fee Unless We Win Nationwide Representation

Free NEC Case Review

Tell us what happened. We respond within 24 hours.

Your information is protected by attorney-client privilege. We will never share your details. Submitting this form does not create an attorney-client relationship.

(305) 444-7675 Free NEC Case Review