Families across the country are currently filing NEC product liability lawsuits against baby formula makers after their preterm babies developed a severe health condition called NEC (necrotizing enterocolitis).
This gastrointestinal condition often affects premature babies, causing inflammation of the intestinal tissues. Additionally, it perforates a baby’s intestines, causing bacteria to leak into the bloodstream or abdomen via the hole. This detrimental condition often occurs within two or six weeks after birth.
Many preterm infants are at risk of developing NEC after being fed cow’s milk based baby formulas, as highlighted in recent NEC litigations.
As a result, families of preterm babies who were diagnosed with NEC after taking baby formula are taking legal action against manufacturers of Similac, Enfamil, and other baby formula brands. These NEC injury lawsuits claim that cow-milk-based formulas caused their premature babies to develop NEC. Families have filed lawsuits against baby formula manufacturers, with the help of specialized baby formula lawyers, to seek compensation for injuries caused by these products.
NEC injury lawsuits have been merged into multidistrict litigation (MDL no. 3026). Hundreds of parents have joined a group lawsuit to hold baby formula manufacturers responsible for the injuries their products have caused.
Judge Rebecca Pallmeyer is overseeing the NEC baby formula MDL proceedings, which involve complaints against Abbott Laboratories and Mead Johnson Nutrition. The NEC baby formula MDL is central to coordinating hundreds of NEC infant formula litigation cases across the country, under the jurisdiction of the Northern District of Illinois.
Overview of the NEC Lawsuit: What It’s About
NEC injury lawsuits claim that baby formula makers didn’t sufficiently warn parents and doctors about the elevated risk of necrotizing enterocolitis (NEC) in preterm babies who were fed cow milk based baby formulas. The ongoing NEC class action lawsuits allege that manufacturers failed to warn about the risk to formula fed preterm infants.
These lawsuits claim that baby formula manufacturers should have made the public aware of the potential dangers associated with Enfamil and Similac, but instead continued to market these potentially defective baby formulas as safe. Mead Johnson’s and Abbott’s premature infant formula products, including Similac infant formula, are at the center of these legal claims. Necrotizing enterocolitis is uncommon, but it can cause death in low-birth-weight and premature babies.
Marie Smith, for example, filed her NEC baby formula lawsuit after her preterm baby, Amirea, passed away after being diagnosed with NEC just after living for two weeks. Her case is one of many NEC baby formula cases that have been filed as part of the broader litigation.
She holds on to her baby’s clothes and blankets as a reminder of her. Although a jury ruling won’t bring her child back, she wants to raise public awareness and spare other parents from the same misfortune.
“I can never wish this on any person… I feel like parents have been lied to,” she tells KARE 11, an NBC affiliate.
Recent NEC Baby Formula Lawsuits Legal Developments and Court Decisions
On October 23, 2025, the United States District Court for the Northern District of Illinois ruled in favor of Abbott Laboratories and against the complainants in the lawsuit listed as Brown v. Abbott.
In the court judgment ruling by the Honorable Judge Rebecca Pallmeyer, the plaintiff’s infant was only identified by the initials “DB.”
Complainants had claimed the infant began to feed on Similac special baby formula in September 2021; however, the infant had died a few days later from necrotizing enterocolitis.
In this NEC baby formula lawsuit–one of hundreds of similar legal claims merged before Judge Pallmeyer by the Judicial Panel of Multidistrict Litigation (JPML)–DB’s family claims that the baby formula’s design was toxic and caused DB to suffer from NEC.
DB’s lawsuit is one of an initial wave of four test (bellwether) cases, the first two of which concluded in summary judgment for Abbott Laboratories. Abbott Laboratories also seeks summary judgment in this third bellwether trial, alleging that the evidence presented thus far doesn’t support the complainants’ product liability allegations.
The court agreed with Abbott Laboratories after the baby formula company presented substantial, uncontested evidence regarding the utility of Similac special formula and the infeasibility of the claimants’ suggested alternatives. After the mention of Similac special formula, it is important to note that Similac Human Milk Fortifier is also used in neonatal care and has been included in some NEC infant formula claims.
Court documents show that the lawsuit was initially filed in Louisiana but was later transferred to the Illinois court in 2022 as part of the third round of bellwether trials.
Complainants argued that instead of the cow-based Similac special formula, an alternative based on human milk would have been a “safer” option.
But Abbott Laboratories insisted its formula didn’t cause necrolitizing enterocolitis in DB and claimed the proposed alternative suggested by the claimants was “not functionally or economically practical.”
Honorable Judge Pallmeyer concluded that a summary judgment is needed on the latter ground. She stated that the court notes concerns about the complainant’s causation theory, but she refused to address that matter definitively. Scientific evidence presented in these cases often focuses on the risks of formula feeding with cow’s milk-based products and the role of the healthcare provider in advising parents about these risks.
The win on October 23, 2025, is Abbott Laboratories’s third win in a row in federal courts in Chicago, where hundreds of baby formula lawsuits filed against Abbott Laboratories and formula manufacturer Mead Johnson have been merged.
All three NEC court rulings, including the one on October 23, have been bellwether (test) cases, which means their outcomes will guide the other lawsuits in federal court in Chicago and how to settle those lawsuits. The court is set to hear one more test case scheduled for February 2, 2026, over the legal issue.
Besides the hundreds of NEC ongoing cases consolidated in federal court in Chicago, many other lawsuits over the matter have also been filed in state courts.
While the decision on 23rd October was the third win for Abbott Laboratories in federal courts, the company has had mixed outcomes in state courts.
One lawsuit in state court concluded in a $60 million verdict against Mead Johnson. Another resulted in a $495 million verdict against Abbott Laboratories —an outcome the company is appealing. In July 2024, a Missouri jury awarded $495 million (including punitive damages) to a family whose infant developed severe NEC after using Similac.
In a third NEC product liability lawsuit, a jury initially ruled that Abbott Laboratories and Mead Johnson were not responsible for an infant who developed NEC after consuming the companies’ products. However, in March 2025, a judge in St. Louis granted a motion for a new trial, pointing out “errors and misconduct” in the initial trial.
Updates on Settlement Negotiations
Following three wins in a row for Abbott Laboratories, only one more test case remains for the hundreds of active NEC product liability lawsuits.
Currently, Judge Pallmeyer is preparing for a second wave of possible test trials to be picked. Earlier in October 2025, she ordered both parties to cooperate in creating a schedule for selecting new bellwether cases, with the intention of having the first one tried in August 2026.
Bellwether trials help both parties understand the strength of their legal arguments and what may transpire if more cases were to go on trial. The bellwether trials in the NEC baby formula litigation are intended to provide insights into how juries might react to evidence in similar cases. The focus on expert testimonies and their admissibility is a critical factor influencing case outcomes in the NEC litigation.
The outcomes of bellwether trials will play a pivotal role in influencing NEC lawsuit compensation negotiations for all lawsuits.
Work on the second wave of bellwether cases is expected to be expedited, with Honorable Judge Pallmeyer calling for discovery to conclude “as soon as possible.”
Legal experts predict that NEC lawsuit compensation payouts may range between $50,000 and $600,000 per individual lawsuit.
As of October 29, 2025, in the NEC injury lawsuits that have already been resolved, complainants have received a total of $555 million. That includes cases involving Abbott, which manufactures Similac, and Mead Johnson, which manufactures Enfamil.
Baby formula manufacturers and claimants have not yet reached a global settlement. If they reach an agreement, specific settlement amounts will vary based on the lawsuit. For instance, NEC baby formula lawsuits involving adverse injuries or death will receive larger compensation amounts than lawsuits involving minor injuries.
Impact on Affected Individuals and Families
As a society, we have failed to protect infants and families from potentially dangerous products that threaten their health and development. For instance, no regulations are curbing the aggressive marketing of cow’s milk-based formulas for infants and young children.
Many NEC claims have been brought by families of premature infants who were fed cow’s milk based formulas like Enfamil formula and Similac. Premature infants fed cow’s milk-based formulas have higher rates of necrotizing enterocolitis than breastfed infants.
In light of baby formula lawsuits and government investigations, along with a global decline in breastfeeding rates, the World Health Assembly has asked countries to regulate aggressive marketing tactics.
Some of the claims baby formula manufacturers use include:
- Baby formula products contain additional ingredients to improve immunity and brain development
- Baby formulas are necessary after one year of age
- Breast milk lacks adequate nutrients for older infants and kids
- Baby formulas keep infants and babies fuller for longer, helping them sleep well
- Breast milk quality declines over time
That’s all untrue. That hurts mothers and children.
That’s because baby formula consumption potentially causes lasting, permanent injury from conditions linked to these products, including:
- NEC: A life-threatening gastrointestinal condition that causes intestinal tissue perforation and death, causing severe infections, sepsis, and a fatality rate of as high as 50%. Many NEC claims have been filed by families whose premature infants developed NEC after being fed cow’s milk based formulas such as Enfamil formula and Similac. NEC is a life-threatening gastrointestinal condition primarily affecting premature infants, with a mortality rate of 15-40%.
- Emotional and physical suffering: Parents and kids experience significant emotional and physical distress from diseases related to baby formulas.
- Grief: In cases where the infant dies, parents endure immeasurable emotional suffering from a wrongful death.
- Distress and anxiety: The legal battle to pursue compensation and justice is often lengthy and strenuous, coupled with the anxiety of dealing with a baby’s illness or permanent disability.
- Guilt: The rapid progression of NEC leaves most parents feeling helpless and overwhelmed. Some even feel guilty over having fed their young one toxic baby formula, not knowing the manufacturers allegedly didn’t adequately warn them of the potential dangers of baby formulas.
- Financial impacts: The cost of treating adverse infant diseases is catastrophic, causing economic hardships for families. As a result, NEC claims often seek compensation for past and future medical bills, lost wages, and disability care expenses.
Human breast milk is widely recognized as the safest option for premature infants, and its use is often highlighted in NEC lawsuits filed against formula manufacturers. The American Academy of Pediatrics recommends human breast milk as the safest option for premature infants to lower the risk of NEC.
Suppose your infant was diagnosed with NEC after feeding on baby formulas. In that case, you may be eligible to file an NEC product liability lawsuit to recover financial compensation to cover your medical expenses, lost wages, and physical and emotional distress.
The number of NEC lawsuits filed continues to grow as more families pursue a baby formula NEC lawsuit.
What to Expect Next: Future NEC Lawsuit Updates and Possible Outcomes
Hundreds of NEC baby formula lawsuits have been combined before Honorable Judge Pallmeyer; other lawsuits are ongoing in state courts. Many of these cases involve premature infants who developed necrotizing enterocolitis after consuming cow milk based infant formulas such as Similac and Enfamil formulas.
If plaintiffs continue to lose in federal court, this litigation may shift heavily toward state courts.
Latest NEC lawsuit updates and future schedule:
- Caseload: As of October 29, 2025, over 761 lawsuits are ongoing in the MDL before Judge Pallmeyer. Many of these lawsuits involve filing lawsuits against baby formula companies for injuries to premature infants who developed necrotizing enterocolitis nec after being fed cow milk based formula or cow’s milk based infant formulas like Similac and Enfamil formulas. The total number of pending cases in the NEC infant formula multidistrict litigation (MDL) has fluctuated, reaching 755 pending lawsuits as of November 2025.
- Bellwether trials: Following the defendants’ three straight wins in bellwether cases, a new round of test cases has been prepared. The schedule is as follows:
- February 2, 2026: Inman v. Mead Johnson
- The second wave of bellwethers is set to start in August 2026. The first federal bellwether trial in the nec infant formula lawsuit will address the risks of nec and the role of baby formula companies.
The outcomes of upcoming bellwethers in the MDL are vital. Their outcomes will influence the willingness of baby formula manufacturers to negotiate and offer plaintiffs reasonable settlement amounts. Healthcare providers and law firms are closely monitoring the outcomes of federal bellwether trial proceedings and the impact on filing lawsuits.
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