NEC Baby Formula Lawsuit Settlement Payouts

According to legal industry estimates, necrotizing enterocolitis (NEC) lawsuit settlement payouts could range from $50,000 to $600,000 per person.

As of [as_of_date], in the NEC cases that have already been litigated, plaintiffs received a combined $555 million. This includes trials involving Abbott Laboratories, which makes Similac, and Mead Johnson, which makes Enfamil.

Formula makers and plaintiffs have not reached a global settlement. If they agree to one, specific payouts will vary from lawsuit to lawsuit. For example, cases involving more severe injuries or even death could receive larger payouts than cases involving minor injuries.

Keep in mind that each NEC baby formula lawsuit is different. Large multi-million-dollar jury verdicts in state courts are outliers, so they aren’t necessarily going to predict what an individual settlement amount would be.

While hundreds of cases have been filed, only a couple have gone to trial and received substantial payouts.

More than 700 active NEC lawsuits were consolidated into multidistrict litigation (MDL). This helps streamline the process of evaluating these cases.

A handful of cases from the MDL were chosen as bellwether trials. These trials serve as test cases that give both sides an idea of the strength of their position and where litigation may head.

One bellwether trial has already concluded, and the judge ruled in favor of formula manufacturers for two reasons:

• There wasn’t adequate proof that Abbott’s alleged failure to warn about the increased NEC risk from its formula actually caused the plaintiff’s infant to develop NEC.
• The plaintiff didn’t provide sufficient evidence that an alternative formula was available.

Another bellwether lawsuit tried to argue that marketing materials and free samples provided to NICUs led to babies being given formulas linked to NEC. That judge again ruled in favor of the manufacturers, this time because she felt the link between marketing efforts and the primary issues of the lawsuits was not strong enough.

If these concerns can be addressed in future trials, the rulings may be different.

The next bellwether trial is scheduled for August 2025. Two others are set for November 2025 and February 2026.

When determining payouts in NEC baby formula lawsuits, juries or settlements consider a range of damage awards. Verdicts may include compensatory damages for financial losses and punitive damages meant to penalize the defendant. Other damages may also be on the table.

Punitive damages may exceed compensatory damages. For example, a July 2024 baby formula trial resulted in $95 million compensatory and $400 million punitive damage awards to the family of an infant who developed NEC.

Both jury verdicts and negotiated settlements can reflect how significant the courts view the losses and suffering tied to NEC in premature infants, as well as a desire to hold manufacturers accountable.

If you aren’t sure if you qualify for an NEC lawsuit, we’re here to help. We partner with experienced law firms to ensure that you get the information and support you need to seek justice.

What Evidence Should You Gather?

Be prepared to gather evidence for your baby formula case. Your attorney will use this information to strengthen your case. Evidence includes proof that your baby was given the relevant formula (which often happens in the NICU and not necessarily at home) and a confirmed NEC diagnosis that required treatment, among other documentation.

Any records related to the feeding schedule, diagnosis and treatment should be obtained from the hospital and other medical providers. Items such as formula packaging, receipts and proof of lost wages should come from your own records.

If you have difficulty obtaining these records, your attorney should be able to help you.

There is no NEC-related recall for Similac, Enfamil or other cow’s milk baby formula. However, Abbott Nutrition and Mead Johnson have both issued recalls due to concerns about bacterial contamination.

For instance, in February 2022, Abbott Nutrition issued a baby formula recall for specific lots of Similac, EleCare and Alimentum, including some formulas that have been associated with NEC. In 2024, Mead Johnson issued a recall for 675,000 cans of its Nutramigen Hypoallergenic Infant Formula Powder. This is not on the list of formulas mentioned in the NEC lawsuits.

NEC settlement payouts can’t occur until a settlement has been reached between plaintiffs and defendants. It can be challenging to predict if and when a settlement will occur. However, the upcoming bellwether trials will likely impact the pending litigation.

The good news for those with pending cases is that plaintiffs have already seen significant wins in state court trials. These cases are not part of the lawsuits grouped together in federal court, but their results may impact settlement negotiations.

Any loss for baby formula manufacturers can impact future lawsuits. So far, three trials have been held in state court. The first two paid millions to plaintiffs.

Baby formula manufacturers initially won the third trial. Several months later, the judge determined that their defense team had committed misconduct and erased the win, ordering a retrial.

With the order for a retrial, the only definitive win that baby formula makers have earned so far came in the first bellwether trial.

The judge overseeing the cases pointed to what the doctor who treated the infant said in a deposition as a key deciding factor. The doctor had implied that he would have fed formula to the infant anyway even if there were stronger NEC warnings.

Plaintiffs’ success in the upcoming bellwether trials will be critical. Winning those trials could result in a stronger settlement for many cases.

Abbott and Mead Johnson are the main defendants in NEC baby formula litigation. These companies manufacture several cow’s milk infant products, including formulas and human milk fortifiers.

If your child was fed any of these cow’s milk formulas and developed NEC, you may be able to file a lawsuit for compensation. You can check for these brands of formula on your child’s feeding log records from the hospital or product labels you may have saved.

If NEC has impacted your family, Drugwatch can help. We partner with trusted law firms to maximize payouts for those affected by this issue. The legal process can be confusing, but you don’t have to navigate it alone.

To successfully file an NEC lawsuit, you likely will need to provide documentation or medical records showing that your infant was fed one of the formulas in question and developed NEC.

Don’t worry if you aren’t sure how to get those records. We work with experienced mass tort law firms who can help you gather what you need to build the strongest possible case.

For a detailed list of the records you need, you can check our section on this page called “What Evidence Should You Gather?”

Filing a baby formula lawsuit can be daunting and emotionally draining, but our legal partners will always treat you and your family with care and respect, and there’s never an obligation to file a lawsuit.