Baby Formula NEC Lawsuit

NEC baby formula lawsuits allege that manufacturers failed to adequately warn parents and healthcare providers about the heightened risk of necrotizing enterocolitis (NEC) in premature infants fed cow’s milk formulas. Scientific evidence suggests these products may be especially dangerous for this vulnerable population.

We’ve heard from parents and grandparents who have told us their tragic stories about an infant who suffered from NEC. The experiences they have been through are heartbreaking. In many cases, parents have told us they filed a lawsuit to hold baby formula makers accountable for negligent behavior.

NEC baby formula lawsuits state that Abbott and Mead Johnson should have warned about the risk of NEC linked to Similac and Enfamil but continued to market these products as safe. NEC is rare, but it is serious and can be deadly for low birth weight and preterm infants.

Marie Smith filed her lawsuit against Mead Johnson and Abbott Laboratories after her premature infant, Amirea, died from NEC after just two weeks of life. Smith keeps her daughter’s baby blanket and clothes to remember her. While a jury verdict won’t bring her daughter back, she hopes to spread awareness and spare another family the same fate.

“This is a feeling I would not wish on anyone… I feel like people have been lied to,” she told NBC affiliate KARE 11.

The Dangers of NEC

Necrotizing enterocolitis (NEC) is a life-threatening gastrointestinal disease in premature infants that often requires surgery and carries a high risk of mortality — up to 50% in severe or surgical cases. Many survivors face lasting complications such as neurological impairment, nutritional deficiencies and growth problems.

Sometimes, babies must undergo surgery to remove parts of their intestinal tract, leading to other lifelong issues. Even after surgery, mortality rates may be as high as 57%.

Parents and legal guardians who had a premature or low birth weight infant that was fed cow’s milk baby formulas and then diagnosed with NEC may qualify to file an NEC lawsuit. Law firms also have specific qualifications a claimant must meet.

In some cases, you may file a lawsuit years after your child was diagnosed with NEC. There are time limits called statutes of limitations (SOL), however. SOLs can range from one to six years, depending on your state. The time limit may be subject to a discovery rule, which also varies by state, and may give you more time to file. The discovery rule says the statute of limitations doesn’t begin to run until the date you discovered your child’s injury.

Only an attorney can tell you the time limit for you, so we recommend you contact a lawyer right away to preserve your right to file a claim.

Baby Formula Lawsuit Evidence Checklist

A checklist of evidence to gather for your case can help you speak to an attorney and strengthen your case. A strong NEC baby formula lawsuit relies on gathering comprehensive documentation that shows your child’s diagnosis, formula exposure, medical impact and damages.

There hasn’t been a global settlement announced yet. Law firms representing families in the baby formula NEC litigation estimate that individual payouts could range from $50,000 to $600,000. So far, verdicts paid out to plaintiffs have totaled $555 million.

The settlement figures are speculative, and estimates could change as the litigation evolves. Many factors can affect payouts.

The outcome of the upcoming bellwether trials in the federal MDL could play a big role in determining eventual settlement amounts. If plaintiffs were to see success in these test trials, then Abbott and Mead Johnson could be motivated to negotiate a settlement instead of continuing to try individual cases.

Plaintiffs have had big success in state court. In July 2024, a St. Louis jury awarded $495 million to the family of an infant who developed NEC and was left with permanent, life-altering conditions.

This was just months after an Illinois jury awarded $60 million to a mother in a similar case.

Abbott and Mead Johnson’s only win in the litigation, which went to trial in October 2024, was later wiped out by a judge.

Factors That Affect the Value of an NEC Baby Formula Settlement

The value of an NEC baby formula lawsuit settlement depends on several key factors that impact both the calculation of damages and the likelihood of a favorable outcome for the plaintiff.

Each case is different. Make sure to discuss your unique case with your lawyer.

Each of these factors can shift the value of an NEC baby formula lawsuit. Cases with severe outcomes, strong evidence and seriously negligent conduct by manufacturers tend to settle for higher amounts.

The easiest way to find a baby formula lawyer is to click on our free case evaluation link on this page. You’ll be connected with our legal partners who are award-winning lawyers with extensive experience in complex litigation like baby formula lawsuits. They have been fighting against negligent corporations for many years on behalf of their clients and have track records of recovering billions of dollars in compensation.

Deciding who will represent you is an important decision. We recommend finding an NEC baby formula lawyer who has experience handling mass torts, which are large litigations for hundreds or thousands of claimants. These torts are typically against large corporations with big legal teams of their own, such as Mead Johnson and Abbott in this litigation.

Baby formula lawsuits are complex and could involve a lot of complicated science and law. Lawyers with extensive experience in large injury litigations are equipped to gather the proper evidence and prove their client’s case before a judge or jury. It’s also helpful to find an NEC baby formula lawyer who works with a firm that has a track record of settling cases and getting jury verdicts.

Cassidy (using an alias to protect privacy) sought help from Drugwatch after she found out cow’s milk baby formula could be responsible for the NEC complications her teenage daughter Addison (using an alias) has lived with all her life. Addison lives with serious digestive issues where the acid reflux from her stomach makes her esophagus swell, making it hard to swallow. She has to take injectable medication to make sure her throat doesn’t close.

“I have GERD, so it’s like it goes all up in my throat and it makes it swell. And so it’ll close up, and I can’t eat and drink. Yeah, I throw up my food a lot,” Addison said.

Drugwatch matched Cassidy and Addison with an experienced lawyer who will help them file a lawsuit and seek compensation.

As of November 2025, there were 755 necrotizing enterocolitis baby formula lawsuits pending in multidistrict litigation. MDL 3026 is before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois.

There have been no approved settlements or jury verdicts in the Illinois MDL, which contains mostly Similac and Enfamil lawsuits, but a state court case in Illinois ended in a $60 million plaintiff’s verdict in March 2024. Another state court case in Missouri ended in a $495 million plaintiff’s verdict in July 2024. In October 2024, a St. Louis jury sided with both Abbott and Mead Johnson in the latest baby formula trial, breaking the trend of previous cases.

A federal judge has awarded summary judgment to Abbott in three straight bellwether trials. Work on a second wave of bellwether cases is now underway.

Through our research of court documents and discussing these lawsuits with our legal partners, we’ll continue to provide updates and inform you of key moments in this litigation.

There is also a separate class action MDL 3037 that we’ve found in Illinois for Abbott’s recalled infant formulas. This litigation is unrelated to the NEC formula lawsuits.

The two big plaintiffs’ verdicts we’ve seen in March and July 2024 will likely affect the litigation and bode well for plaintiffs. Brendan Smith, a mass torts and product liability lawyer with Simmons Hanly Conroy, told Drugwatch these verdicts are wins for plaintiffs.

“Considerable jury verdicts can significantly impact the litigation as a whole by setting legal precedents, influencing the strategies of both plaintiffs and defendants, and encouraging settlements,” Smith said.

While settlements or jury verdicts can impact the litigation as a whole, outcomes can differ in state court cases versus MDLs because different judges make decisions and unique experts provide evidence.

Enfamil and Similac cow’s milk baby formulas are the main brands included in lawsuits, but other manufacturers also make cow’s milk formulas that could have led to NEC. Premature babies fed baby formula were at a significantly higher risk of developing NEC than those fed human milk exclusively, according to an observational study published in Neonatology.

Another study published in The Journal of Pediatrics found that the risks of developing NEC were lower in breastfed babies than in those fed a combination of mother’s milk and infant formula.

Current litigation defendants are Abbott (Similac) and Mead Johnson/Reckitt (Enfamil), but we’ve included other brands of cow’s milk formulas discussed in litigation on this list.

Mead Johnson and Abbott Laboratories products Enfamil and Similac have no warnings about NEC as a side effect of baby formula or proper instructions or guidelines for their use, according to parents who filed a Similac or Enfamil lawsuit. The companies also marketed their products as safe and beneficial for premature infants despite the potential risks.

Parents are suing for extensive financial losses and emotional distress related to their baby’s injuries or death.

No Similac or Enfamil recalls have been issued specifically for NEC risk, but there were isolated store recalls for product tampering and a 2022 recall for bacterial contamination.

The tampering incident came to light when a few mothers reported that their Enfamil products contained flour instead of formula. In another incident, babies got sick and some died after drinking Enfamil which reportedly caused bacterial infections. The FDA tested the formula and declared it safe.

In February 2022, Abbott Nutrition issued a baby formula recall for certain lots of Similac, EleCare and Alimentum manufactured at its Sturgis, Michigan, facility after four babies suffered Cronobacter sakazakii infections and one baby became infected with Salmonella Newport. Two of the babies died.

The FDA released a preliminary inspection report in March 2022 that said that Abbott didn’t have “a system of process controls” in place to “ensure that infant formula does not become adulterated due to the presence of microorganisms.”

In June 2022, the FDA received an additional report of an infant death that could be related to bacterial contamination. The same month, Abbott’s Sturgis plant reopened to help ease the baby formula shortage caused in part by the recall.