Abbott Hit With $53M Verdict in Second State Court Baby Formula Trial
On April 9, 2026, a Chicago jury awarded $53 million in damages to four mothers who said Abbott’s preterm infant formula caused their babies to develop necrotizing enterocolitis (NEC), a serious and often deadly gut condition.
Jurors in the Chicago state court found that Abbott knew its cow-milk-based formula could cause NEC in premature babies, but still marketed it to hospital intensive care units.
Each family received between $7 million and $16 million for pain, suffering and long-term health problems. The jury will meet again today to decide on possible punitive damages, which could significantly raise the total amount.
The four baby formula lawsuits focus on NEC, a serious intestinal disease that mostly affects premature babies and has a death rate of more than 20%. The children, born in Chicago-area hospitals from 2012 to 2019, all survived NEC but still have ongoing health problems. Three of them needed surgery.
Abbott said this was its second trial loss over products like Similac Special Care and Similac NeoSure. The company said the verdict could lead to more trials with multiple plaintiffs. In a statement, Abbott said it “respectfully but strongly” disagreed with the verdict and would appeal. They also noted that four similar lawsuits were dismissed.
State Court Successes and Federal Setbacks
The Cook County verdict is the latest in a series of wins for plaintiffs in state court. This is very different from what has happened in federal court, where the cases have often stalled.
By April 2026, there were 782 baby formula lawsuits filed in the federal MDL, which is overseen by Chief Judge Rebecca R. Pallmeyer in the U.S. District Court for the Northern District of Illinois.
However, the MDL has had trouble moving cases to trial. In 2025, Judge Pallmeyer stopped three bellwether cases from going to trial, often ruling in Abbott’s favor on summary judgment. The main issue was whether there was a “feasible alternative” to Abbott’s cow’s milk formula for premature babies, a standard that has been hard for plaintiffs to meet in federal court.
In summary judgment, the court decides the case without a jury, based on the evidence. Judge Pallmeyer granted summary judgment in these Abbott cases because she did not find proof of a safer alternative to Abbott’s cow’s milk formula. Because of this, even if Abbott had warned about NEC, doctors would still have had to use the formula.
The difference from state court results is clear. In 2024, a jury in St. Clair County, Illinois, told Mead Johnson to pay $60 million to a mother whose premature baby died after being fed Enfamil formula. A few months later, a St. Louis jury ordered Abbott to pay $495 million in another case. Both verdicts are being appealed.
The $495 million St. Louis verdict included $95 million in compensatory damages and $400 million in punitive damages. It involved a baby who survived NEC but suffered permanent brain damage. Yesterday’s Cook County verdict adds another $53 million in compensatory damages, with punitive damages still pending.
What Happens Next
Abbott says it will appeal the Cook County verdict, as it has with earlier losses. At the same time, Abbott has proposed a second round of bellwether trials in the federal MDL, with three new test cases planned for August 2026, November 2026, and February 2027.
For the many families still waiting for answers, the big question is whether these state court wins will push Abbott to settle, or if the lawsuits will keep moving forward in both state and federal courts.
