As more NEC baby formula lawsuits are brought to court, families want more than just compensation — they want this new wave of litigation to finally force the industry to make safer products.
Why are People Filing Baby Formula Lawsuits?
Parents of premature infants are filing NEC baby formula lawsuits against major formula manufacturers, primarily Abbott Laboratories (maker of Similac) and Mead Johnson (maker of Enfamil), alleging these companies failed to warn about the risks their cow’s milk-based formulas pose to premature infants.
The central issue is the development of necrotizing enterocolitis (NEC), a devastating condition that can lead to severe complications or death in premature babies. This has become a central issue in NEC lawsuits in 2025, as families seek accountability for severe health outcomes.
The lawsuits claim these manufacturers knew, or should have known, about the increased risk of NEC in premature infants fed cow’s milk-based formula. However, they failed to provide adequate warnings to healthcare providers and parents. This alleged failure to warn prevented families from making informed decisions about their premature infants’ nutrition and, in return, their health.
The Connection Between Baby Formula & NEC
Recent scientific research has strengthened the understanding of the relationship between cow’s milk-based formula and NEC in premature infants. A groundbreaking 2024 study published in JAMA provided compelling evidence of this connection.
- The study examined 483 extremely premature babies (born before 29 weeks gestation and weighing less than 1,000 grams)
- Compared outcomes between infants fed donor breast milk versus cow’s milk-based formula
- Found that while formula-fed babies showed slightly faster growth, they had more than twice the risk of developing NEC (9% versus 4.2%)
NEC is especially dangerous for premature infants, with a mortality rate between 20-40%. Survivors often face lifelong complications, including:
- Intestinal strictures
- Short-gut syndrome
- Neurological injuries
- Need for ongoing medical care
The Latest NEC Baby Formula Lawsuit Updates
May 5th, 2025: Bellwether Trial Dates Set to Begin
The federal court overseeing the NEC baby formula multi-district litigation has established its bellwether trial schedule. The first of these pivotal cases will begin May 5, 2025, followed by three additional trials spaced three months apart — in August 2025, November 2025, and February 2026.
October 1, 2024: Study Shows Effects of Formula on Extremely Preterm Babies
A study funded by the National Institutes of Health (NIH) and published in the Journal of the American Medical Association (JAMA) has provided compelling scientific evidence about the relative risks and benefits of donor breast milk versus cow’s milk-based formula for extremely premature infants. This research represents one of the largest and most rigorously controlled studies on this topic to date.
Study Design & Participants
The researchers studied 483 extremely premature infants who met the following criteria:
- Born before 29 weeks gestation (approximately 3 months premature)
- Weighed less than 1,000 grams (2.2 pounds) at birth
- Required specialized neonatal intensive care unit (NICU) care
The infants were divided into two groups:
- Those receiving donor human breast milk
- Those receiving cow’s milk-based commercial formula
Key Study Findings
- Formula group: 9% developed NEC
- Donor milk group: 4.2% developed NEC
September 1, 2024: The First Four Bellwether Trials are Chosen
Legal momentum continues to build, with August bringing 33 new cases and pushing the total case count to 571.
Not long after, both sides of the litigation agreed on four cases to serve as bellwether trials. These carefully selected cases will help gauge how juries might respond to the evidence and arguments in future trials. The selected cases are:
- Mar v. Abbott Laboratories (Case No. 1:22-cv-00232)
- Diggs v. Abbott Laboratories (Case No. 1:22-cv-05356)
- Etienne & Brown v. Abbott Laboratories (Case No. 1:22-cv-02001)
- Inman v. Mead Johnson & Co. (Case No. 1:22-cv-03737)
Case No. 1:22-cv-00232, in particular, highlights the tragic nature of these lawsuits. It involves a premature baby girl who initially received only mother’s milk in the NICU but developed severe NEC after being given Similac Special Care 24.
Despite emergency surgery to address intestinal damage and necrosis, the infant did not survive.
August 21, 2024: New States Becoming Key Battlegrounds for NEC Cases
Two cities are reshaping the NEC litigation battlefield: St. Louis and Philadelphia. While Missouri grabbed attention with a major verdict at the beginning of this month, it’s Philadelphia’s unique legal strategy that’s raising eyebrows.
Unlike other jurisdictions, where cases are bundled together, Philadelphia lawyers are keeping each case separate and adding an unexpected twist — they’re including hospitals in the lawsuit.
This three-way battle could fracture the traditionally unified defense of companies like Abbott and Mead Johnson, putting more pressure on formula manufacturers as hospitals distance themselves from Enfamil and Similac products.
August 2, 2024: Jury Returns a $495 Million Verdict in the Second Baby Formula Case To Go To Trial
In a landmark decision, a St. Louis jury awarded Margo Gill $495 million in damages against Abbott Laboratories, including:
- $95 million in compensatory damages
- $400 million in punitive damages
The case involved Gill’s daughter, Robyn Davis, who developed severe NEC after being fed Similac formula in the NICU. While Davis survived, she suffered irreversible neurological injuries requiring lifelong medical care.
This verdict represents one of the largest in the litigation and sends a strong message about how juries view the manufacturers’ failure to warn about NEC risks.
July 10, 2024: Second NEC Lawsuit Trial Kicks off in St. Louis
The trial that would eventually result in a $495 million verdict began with opening statements focusing on Abbott Laboratories’ alleged failure to warn about Similac’s risks.
The case highlighted the growing body of scientific research establishing the dangers of cow’s milk-based formulas for premature infants.
This trial represented the first case against Abbott Laboratories to reach a jury, following the earlier verdict against Mead Johnson.
March 17, 2024: Illinois State Court Returns $60 Million Verdict in NEC Infant Formula Lawsuit
In a groundbreaking decision, a St. Clair County, Illinois, jury awarded $60 million to the parents of an infant who developed NEC after consuming Mead Johnson’s Enfamil formula. This verdict marked the first successful trial and set an important precedent for future NEC baby formula lawsuits.
As the federal MDL moves at a measured pace under Judge Pallmeyer’s supervision, this state court victory against Mead Johnson over Enfamil could trigger a flood of new state court filings.
Lawyers are now eyeing similar venues in Missouri, California, and Pennsylvania, seeing potential for faster resolutions outside the federal system.
With another trial set for July in St. Louis, this could be just the beginning of a major shift in litigation strategy.
November 10, 2023: Selection Process Begins for Bellwether Trials
Judge Pallmeyer narrowed down the list of bellwether cases for litigation. Both plaintiffs and defendants will have a hand in selecting these representative cases, with each side choosing two. These trials will test the strength of evidence suggesting Mead Johnson and Abbott knew about—but failed to warn of—the NEC risks to preterm infants.
Frequently Asked Questions Regarding the NEC Baby Formula Lawsuits
Are these recent NEC lawsuits related to the 2022 formula recalls?
No, these are completely separate issues. While you might remember the formula recalls from 2022, those were about contamination at specific manufacturing plants.
The current NEC lawsuits are different — they’re about the long-term risks of cow’s milk-based formulas for premature babies.
Neither Similac (Abbott) nor Enfamil (Mead Johnson) has recalled their products over NEC concerns. In fact, both companies maintain that their formulas are as safe as breast milk for premature infants, despite the growing evidence suggesting otherwise.
I keep hearing about “MDL,” what exactly does that mean?
Think of an MDL (multidistrict litigation) as a way to handle many similar lawsuits efficiently, but it’s not quite the same as a class action suit. Here’s the key difference:
In a class action, everyone’s claim gets wrapped into one big lawsuit with one outcome. But in an MDL, while the cases share resources and coordinate certain activities (like gathering evidence), each family maintains their own individual lawsuit. This means each case can potentially have its own outcome based on its specific circumstances.
The NEC formula cases have been consolidated in Illinois because they share common elements — families arguing that formula manufacturers failed to warn them about NEC risks in premature infants.
However, some cases have been sent back to their original courts. For example, about 30 cases in Pennsylvania went back to state courts because they focused on hospital negligence rather than manufacturer liability. For more information on MDLs, visit the Federal Judicial Center.
How will the upcoming trials affect potential settlements?
The first few trials (called “bellwether trials”) will essentially set the tone for future settlements. Think of them as test cases that give everyone a preview of what to expect.
If juries award large verdicts, companies like Abbott and Mead Johnson might be more willing to offer generous settlements to avoid similar outcomes in future trials.
On the flip side, if the verdicts are smaller than expected, the companies might reduce their settlement offers accordingly.
How much time do I have to file a claim?
Most personal injury cases, especially wrongful death claims, have a strict two-year deadline. Once this window closes, you could lose your right to seek compensation entirely.
Every case is unique, and factors like when your child was diagnosed with NEC can affect your timeline. That’s why it’s important to speak with an experienced NEC attorney as soon as possible. They can review your specific situation and make sure you don’t miss any critical deadlines.
Think of it this way: while you’re focused on caring for your child or grieving your loss, having an experienced legal team in your corner ensures your rights are protected and you don’t miss your opportunity to seek justice.
Could Your Family Have a Valid NEC Baby Formula Case?
If your baby developed necrotizing enterocolitis (NEC) after being fed formula, you may have legal options.
Recent court cases have shown that formula manufacturers can be held accountable — in fact, Abbott Laboratories and others have already been ordered to pay hundreds of millions in compensation to affected families.
Let’s look at three key factors that determine if you might have a case:
1. Was Your Baby Given Cow’s Milk-Based Formula?
The first step is confirming your baby received cow’s milk-based formula, particularly Similac or Enfamil products. Here are the specific formulas most commonly involved in these cases:
Similac Products:
- Alimentum Expert Care
- Human Milk Fortifier
- Liquid Protein Fortifier
- Special Care
Enfamil Products:
- Enfamil 24
- Human Milk Fortifier
- NeuroPro Enfacare
- Premature Formula
Note: Don’t worry if you used a different brand. If your baby developed NEC after receiving any cow’s milk-based formula, you may still have a case. Every situation is unique. Menges Law Firm can help determine if your specific circumstances qualify.
2. Do You Have a Confirmed NEC Diagnosis?
To move forward with a case, you’ll need documentation of your baby’s NEC diagnosis. Here’s what you can do:
- Keep all medical records related to the diagnosis
- Follow your doctor’s treatment recommendations
- Consider getting a second medical opinion if you have concerns
- Make notes about when symptoms started and when formula feeding began
3. Are You Still Within the Time Limit?
The statute of lawsuit limitations for NEC varies state by state, however, it’s usually between two and four years from the date the child was diagnosed with NEC. Unfortunately, many families don’t realize they have legal options until it’s too late — that’s why it’s important to contact an attorney as soon as possible.
Taking the Next Step
At Menges Law Firm, our team has extensive experience with NEC formula cases. For more insights on NEC and family support, visit the NEC Society. We’re here to listen to your story, answer your questions, and help you understand your options. Most importantly, however, we’ll make sure your family’s rights are protected every step of the way.
Whether you’re currently dealing with your baby’s NEC diagnosis or grieving a loss, the last thing you need is more stress. That’s why we aim to make the legal process as straightforward as possible:
- Free initial consultation to understand your situation
- Clear explanation of your legal options
- No upfront costs
- We handle all the paperwork and legal details
- You focus on your family while we focus on your case
Don’t let uncertainty about the legal process keep you from exploring your options. Contact us for a free, no-obligation conversation about your situation.