Lawsuit Facts
Defendant
Abbott Laboratories
Injuries in Lawsuits
Necrotizing enterocolitis (NEC), death from necrotizing enterocolitis (NEC) complications
Products Involved
Similac cow’s milk baby formulas
Status
598 total pending cases in baby formula multidistrict litigation

Latest Similac Lawsuit Updates

As of October 2024, 598 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.

Similac NEC Lawsuit Timeline

  • September 2024
    The order has been set for the four bellwether trials in the baby formula MDL, with a case involving Similac scheduled to go to trial first. Ericka Mar, as Administratrix of the Estate of RaiLee Mar v. Abbott Laboratories leads the order, and claims premature infant RaiLee Mar died after being fed Similac in the NICU and developing NEC. Judge Pallmeyer has directed counsel to work on setting trial dates for the four cases.
  • July 2024
    Abbott suffered a loss in court this month after a Missouri jury awarded $495 million to the family of an infant girl who suffered serious complications from NEC after ingesting Abbott's premature infant formula in the NICU. This is a state court case and not related to the MDL cases, however, this verdict could still influence the course of Similar baby formula litigation in all cases, according to lawyers familiar with the cases. The jury awarded $95 million in damages and $400 million in punitive damages. Abbott will try to have the verdict overturned.
  • June 2024
    We have exciting news for this month regarding bellwether trial dates. Judge Pallmeyer issued an order that outlined the proposed schedule for the first bellwether test trial in the MDL. Judge Pallmeyer gave a deadline of August 2024 to close on fact discovery. After that, both sides will schedule depositions and other motions to prepare for trial.

    The tentative bellwether test date will be in May 2025. In our experience reporting on mass tort bellwether trials, it isn’t uncommon for these dates to evolve, and the date could change. There is also a possibility of defendants offering a settlement before trial. This is the first bellwether in the MDL, and it could set the tone for the litigation. An Illinois state court trial in March 2024 ended in a $60 million plaintiff’s verdict, and this result could also play into the fate of the MDL cases.
  • May 2024
    Judge Pallmeyer issued an order that required all plaintiffs to provide evidence that injured infants consumed Enfamil or another Mead Johnson product before naming the company in a lawsuit. So far, there isn’t a similar order for Similac plaintiffs.
  • February 2024
    Judge Rebecca Pallmeyer scheduled hearings that involved several plaintiffs in MDL 3026 on sealed/private motions for March 2024.
  • April 2023
    Parties needed to submit a brief on outstanding discovery proceeding issues to the court by April 25, 2023.
  • March 2023
    The judge scheduled Science Day proceedings for May 3, 2023, to allow the parties to present an overview of scientific and medical theories to the court.
  • December 2022
    Defendants selected four cases for bellwether test trials: Clarke, Cresap, Inman and Mar.
  • October 2022
    Plaintiffs selected four bellwether test trials: Brown, Diggs, Lopez and Koeth, along with four randomly selected bellwether cases (McCarthy, Jacobs, Kelton and Donaldson.)
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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.

Q&A with Brendan Smith Mass Torts and Product Liability Attorney

Award-winning baby formula lawyer Brendan Smith answers important questions about Similac lawsuits.

What’s the most important thing people should know about Similac lawsuits?

Given the complexity of Similac baby formula lawsuits, which involve sophisticated scientific and legal issues, it's vital to engage a law firm experienced in prosecuting complex cases against large companies to ensure your rights are protected.

What are the qualifications for filing a Similac lawsuit?

Should your loved one have ingested Similac baby formula and then sustained an injury followed by a necrotizing enterocolitis (NEC) diagnosis, you could be eligible to pursue an NEC lawsuit for financial compensation.

What should people expect after contacting a firm to file a Similac lawsuit?

A dedicated team of lawyers, paralegals, and legal assistants will engage in discussions with you about your experience with Similac, gather pertinent case information, and request and examine medical records. At the appropriate stage, your lawyers will file the Similac lawsuit and work with you to obtain any additional necessary information.

Do I Qualify for a Similac Lawsuit?

According to our legal partners, 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.

These criteria are for Similac lawsuits, but they also apply to Enfamil lawsuits and potentially other cow’s milk formulas as well.

You may qualify to file a Similac lawsuit if:
  • Your child developed necrotizing enterocolitis (NEC)
  • Your child consumed formula that contained cow’s milk protein
  • Your child was born prematurely or with a low birth weight

Our partners tell us that babies were most likely fed Similac while recovering in a hospital neonatal intensive care unit or after being discharged. Most baby formula side effects are mild and go away after a baby gets used to formula, but premature infants with NEC become very ill, require a lot of care and could potentially die.

Similac Lawsuit Analysis
Singh v. Abbott Laboratories
We analyzed Singh v. Abbott Laboratories et al. Shelbi Singh filed her Similac lawsuit against Abbott Laboratories in 2023. She had lost her child, Baby Granville, to NEC she says was caused by Similac baby formula.

Similac Usage:
Baby Granville was born prematurely in an Indiana hospital on June 13, 2017, and later developed NEC after consuming a Similac baby formula product, according to a 2023 Similac lawsuit filed by his mother, Shelbi Singh. While in the NICU, Baby Granville began feeding on Similac Human Milk Fortifier along with breast milk.

Injuries Alleged:
A few days later, he developed bloody stool, one of the first signs of NEC. He suffered from serious complications, including sepsis and abdominal distension. He didn’t improve with bowel rest. After surgery, doctors determined he had developed septic shock from colonic strictures. Despite doctors’ efforts, Baby Granville died a little over a month after he was born of complications from NEC.

Relief Sought:
Compensation for financial and emotional damages, including pain and suffering from the loss of baby Granville. According to court documents, the demand was for about $10 million.

Why Are People Filing Similac Lawsuits?

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.

Example Claims in Similac Lawsuits
  • Breach of warranty
  • Negligence
  • Failure to warn about the risk of NEC
  • The product is dangerous and defective

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.

“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.”
Singh v. Abbott Laboratories

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.

Similac formulas named in lawsuits include:
  • Similac Special Care
  • Similac Human Milk Fortifier
  • Similac NeoSure
  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Powder
  • Similac Liquid Protein Fortifier
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein
  • Similac Special Care 30
  • Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid

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.

How To File a Similac Lawsuit

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.

General Steps To Filing a Similac Lawsuit
  1. Seek a free consultation with a baby formula lawsuit lawyer.
  2. Your lawyer will file your Similac lawsuit.
  3. Your lawyer will collect all evidence to help strengthen your claim against Abbott.
  4. Your lawyer will walk you through any necessary court filings.
  5. Your lawyer will argue your case in court or negotiate a settlement on your behalf.

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.

Similac vs. Enfamil Lawsuits

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.

Please seek the advice of a medical professional before making health care decisions.