Similac Lawsuit

NEC (necrotizing enterocolitis) is a potentially deadly intestinal disorder that primarily affects premature babies, and it’s the focus of Similac lawsuits. Plaintiffs say Abbott Laboratories failed to adequately disclose the heightened risk of NEC in preterm infants fed cow’s milk-based Similac formulas.

Studies, including one published in a 1990 issue of the Lancet, found that NEC was six to 10 times more common in formula-fed babies than in those who drank breast milk. It was as much as 20 times more common in babies who were only fed formula.

The first symptoms of NEC are bloating, trouble feeding, vomiting and bloody stool. It’s fatal in 10% to 50% of cases. When major issues like sepsis and perforation occur, mortality is close to 100%.

Most NEC cases can be treated by stopping feedings, using an orogastric tube and administering IV fluids and antibiotics. The situation is monitored via frequent exams and X-rays. However, if medical interventions aren’t effective or symptoms worsen, the infant may need surgery.

Babies who survive NEC — especially those who need surgery — may have long-term problems such as growth and developmental difficulties.

Parents, families and caregivers are filing Similac lawsuits against Abbott Laboratories because they claim the maker of Similac baby formula failed to warn them that its cow’s milk products could increase the risk of preemies or low birth weight infants developing necrotizing enterocolitis, or NEC.

According to Similac lawsuits, defendants knew or should have known of the NEC risk because studies as far back as 1990 showed that NEC was more common in preterm infants who consumed formula versus breast milk. One study said it was six to 10 times more common in exclusively formula-fed babies than in babies who were breastfed. Another study put that number at a 20 times greater risk for preemies fed formula versus breast milk.

Parents and caregivers are seeking compensation for medical bills, their child’s loss of quality of life, funeral expenses for infants who died from NEC complications and other damages.

Shelbi Singh’s lawsuit claims defendants knew about the health risks of ingesting cow’s milk formulas, such as NEC and death, but they didn’t warn parents or medical providers: “The companies who manufacture these products often intentionally mislabel and misrepresent the contents of the products both to the public at large and to the health care community, passing off these deadly products as something similar to or even superior to human breast milk.”

Besides failing to warn, plaintiffs say the defendants didn’t provide instructions or guidance on how to properly use cow’s milk formulas to lower NEC risk or avoid infant death.

Similac Formulas Named in Lawsuits

All Similac baby formula products made with cow’s milk may potentially be named in Similac lawsuits, according to our legal partners.

Some of these products, such as Similac Human Milk Fortifier, may have names that don’t sound like cow’s milk is an ingredient. Parents and caregivers should read the product’s ingredients label to look for cow’s milk.

If you aren’t sure whether the Similac formula your baby consumed qualifies, speak to a lawyer. Lawyers taking Similac lawsuit cases can tell you whether the formula is part of ongoing lawsuits.

Keep any leftover Similac baby formula for evidence in your potential case. If you have medical records and receipts, those will also be important evidence in any NEC lawsuit claim you file.

If you are considering filing a Similac lawsuit, we recommend that you hire an experienced lawyer instead of filing on your own. Baby formula lawsuits are complex, especially since they are now a mass tort and in multidistrict litigation. Our legal partners can help walk you through the complicated and emotional process of getting compensation for your baby’s sickness or death from Similac-induced NEC.

An experienced product liability lawyer can help you fight large companies such as Abbott. They have the knowledge and resources to take on big corporations. For example, our legal partners have over 20 years of experience in fighting for plaintiffs harmed through the negligence of powerful corporations.

Our legal partners can help take the stress out of the filing process so you can concentrate on healing with your family.

Abbott’s defense against NEC lawsuits is that while there is evidence that human milk protects against NEC, there is no evidence that their preterm formulas cause NEC. Instead, they argue the formulas provide nourishment that may otherwise not be available. They add that premature babies already face a range of serious health risks just by being born prematurely.

So far, Judge Rebecca Pallmeyer has issued summary judgment in the case of Ericka Mar, whose daughter died after feeding on Similac formula. Summary judgment means the case was dismissed before going to trial.

Pallmeyer found that Abbott could not be held liable because there wasn’t enough available evidence to show there was an alternative to Similac at the time of Mar’s child’s death or that cow’s milk in the formula caused NEC.

Future lawsuits will have to provide more evidence on causation and the availability of alternatives to the relevant formulas.

You may qualify for a Similac lawsuit if you meet the following criteria below. We recommend you contact our legal partners for a free case evaluation to make sure you qualify for your child’s specific case.

Lawyers will require medical records and other evidence showing that your child was diagnosed with NEC after consuming Similac cow’s milk baby formula. This includes NICU feeding logs, formula packaging, receipts for purchasing formula and doctor’s notes.

This checklist could help you prepare for a free case evaluation with a lawyer. If your child developed NEC after consuming Similac cow’s milk formula, it’s a good idea to speak to a lawyer to see if you qualify for a lawsuit. Only a licensed attorney can advise you about your eligibility for a Similac NEC lawsuit.

People are filing Similac and Enfamil lawsuits for similar reasons, but Similac lawsuits are being filed against Abbott Laboratories and Enfamil lawsuits are being filed against Mead Johnson. Similac and Enfamil may have slightly different baby formula ingredients, but products made with cow’s milk share the same potential risk for causing NEC in preterm infants.

Abbott Laboratories holds a slightly larger share of the U.S. baby formula market than Mead Johnson, so more babies may be fed with Similac versus Enfamil. According to The
New York Times, Abbott provides baby formula to about 47% of infants who receive benefits through the WIC supplemental nutrition program. Mead Johnson is the next largest manufacturer at 40%.

When judges formed the baby formula lawsuit multidistrict litigation in Illinois, almost all of the first lawsuits that moved to the MDL were Similac lawsuits.

Has Similac Been Recalled?

Similac has not been recalled specifically for NEC risks, but in 2022 Abbott issued a baby formula recall for products manufactured at its Sturgis plant. Some of those products included Similac baby formula.

The Abbott and Similac baby formula recalls began in February 2022. The recalls followed reports of sickness and deaths connected to potential bacterial contamination with Cronobacter sakazakii. Babies became ill after consuming Similac and other Abbott formulas, and some died.

Abbott now faces a U.S. Department of Justice criminal investigation because of the contamination at its Sturgis plant.

NEC MDL 3026 and recall class action MDL 3037 are two distinct multidistrict litigations involving infant formula. They focus on separate harms and legal claims.

MDL 3026, overseen by Judge Rebecca Pallmeyer in the Northern District of Illinois, consolidates federal lawsuits alleging that Abbott and Mead Johnson’s cow’s milk-based formulas, including Similac and Enfamil, caused NEC in premature infants. Plaintiffs in MDL 3026 seek compensation for serious injury or death linked to NEC and claim that manufacturers failed to warn about specific health risks.

In contrast, MDL 3037 addresses a nationwide class action regarding Abbott’s voluntary recall of infant formulas due to bacterial contamination concerns unrelated to NEC.

Similac NEC lawsuit compensation can include substantial damages for families whose premature infants suffered severe injury or death due to NEC after consuming cow’s milk-based formula.

Recent verdicts are examples of how juries value the amount of compensation possible in Similac lawsuits. In July 2024, a Missouri jury awarded $495 million — including $400 million in punitive damages and $95 million in compensatory damages — to a family whose premature infant developed NEC after consuming Similac formula.

It’s important to note that large jury verdicts don’t guarantee the amount awarded in a settlement.

But the outcome of bellwether trials (sample cases tried early in litigation) has a powerful impact on future Similac settlements. Large plaintiff verdicts could encourage defendant companies to negotiate broader settlements to avoid similar outcomes in subsequent trials.

Bellwether results help parties estimate the strength of claims and set benchmarks for resolving hundreds of pending cases.

Similac Lawsuit Compensation Outcomes

Lawyers handling NEC cases have estimated that individual compensation could be between $50,000 and over $50 million, depending on the severity of the injury and the amount of damages. Compensation may be lower for cases with mild and temporary health issues.

Keep in mind that these are just estimates from attorneys and they are not guaranteed settlements. Case values can shift depending on the outcome of more bellwether trials and the ongoing litigation.

As of October 2025, 761 Similac and Enfamil lawsuits are pending multidistrict litigation (MDL). MDL 3026 is before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois. One of the main defendants is Abbott Laboratories, the maker of Similac cow’s milk baby formulas. According to Similac lawsuits, Abbott knew about the risk of necrotizing enterocolitis and failed to warn the public.

We’ve researched these lawsuits and have also spoken to our legal partners to bring you the following Similac lawsuit updates. Check back often to find out the litigation’s status.

There is also a separate class action MDL 3037 in Illinois for Abbott’s recalled infant formulas. These cases are unrelated to the NEC formula lawsuits.