NEC from Baby Formula
Overview
Defendant:Â Abbott Laboratories, Inc. and Mead Johnson Nutrition
Practice:Â Mass Tort
Latest Update: December 2025 – NEC trial scheduled for February in Cook County.Â
A trial date of February 10, 2026, has been set for the first cohort of NEC cases in the Circuit Court of Cook County, Illinois. These cases are separate from the federal multidistrict litigation, and while the outcomes of these trials are not binding for other cases, they may help plaintiffs and defendants assess the trajectory of the litigation as a whole.Â
Case Team
CONTACT ATTORNEY
Kristina J. Anderson
CONTACT PARALEGAL
Monica Raatz
PARALEGAL
Gabriela Lopez
NEC from Baby Formula Lawsuit Attorneys
If you fed your baby Similac or Enfamil baby formula and they developed necrotizing enterocolitis (NEC), contact the defective consumer products attorneys of Wallace Miller immediately to learn about the available legal options. You might be entitled to compensation from the manufacturer for your baby’s diagnosis, injuries, and medical expenses. You could file a lawsuit or join a mass tort case to hold the negligent company liable for its actions.
Premature infants are at risk of NEC. It is an intestinal disease that forms from tissue injury or inflammation in the small or large intestines. Tissue death could occur, preventing the infant from holding waste. NEC could also cause intestinal wall perforation.
The manufacturer knew about the dangers of its bovine-based baby formulas. However, warning labels did not disclose the risks of feeding it to premature babies. Hospitals and parents weren’t aware of NEC developing in premature and underweight infants consuming Similac and Enfamil formulas.
The NEC baby formula lawsuit attorneys of Wallace Miller are ready to provide the legal representation and services you need to fight the manufacturer. We can review the circumstances of your case and determine whether you’re eligible to participate in a mass tort lawsuit. You can count on our legal team to protect your rights and tirelessly work to try to reach the best possible outcome.
Call Wallace Miller today at (312) 629-4407 or fill out our online questionnaire for your free consultation.
Injury
Possible link between baby formula and NEC
Medical providers and experts researched the link between cow milk-based baby formulas and NEC in babies. The results don’t conclusively show why the disease develops in some premature infants, but it could be because they don’t have fully developed intestines or lungs. It’s also more challenging for them to fight infections and break down food.
The disease affects around one in 2,000 to 4,000 newborns. Although it’s more common in preemies, some babies are at an increased risk of NEC due to factors such as:
- Too many red blood cells
- Existing infections in the gastrointestinal tract
- Premature or high-risk infants fed baby formula by tube or mouth
- Difficult delivery or lowered oxygen levels
- Infants who are seriously ill or receive a blood transfusion
The American Academy of Pediatrics published the results of a study on cow milk-based formulas. The results show premature infants are less likely to develop NEC if they consume breast milk instead of baby formula.
The U.S. Surgeon General also encourages breastfeeding. In a Call to Action released in 2011, various statements bring awareness to the dangers of baby formula to the health of newborns. It also mentions the benefits of feeding premature babies human breast milk to reduce the risk of NEC.
Statute of limitations for baby formula NEC
You must follow a strict timeframe to sue the manufacturer for your baby’s diagnosis. Every state has a different statute of limitations. The time period for filing a lawsuit begins on the date of the baby’s injury.
You must file your lawsuit within the required timeframe if you want to pursue compensation. If the statutory period expires before you initiate your lawsuit, you likely won’t be able to pursue legal action against the manufacture
Plaintiff & Defendant
Baby formula associated with NEC in babies
Abbott Laboratories, Inc. and Mead Johnson Nutrition are the two manufacturers at the center of mass tort lawsuits around the country. They supplied their baby formulas to consumers and hospitals despite knowing the risk of NEC.
You could pursue legal action if you fed your infant any of these formulas and they developed NEC.
Similac Formula by Abbott Laboratories
- Similac Liquid Protein Fortifier
- Similac NeoSure
- Similac Special Care 24
- Similac Special Care 24 High Protein
- Similac Human Milk Fortifier
- Similac Special Care 20
- Similac Special Care 30
- Similac Alimentum Expert Care
- Similac Human Milk Fortifier Hydrolyzed Protein Concentrated Liquid
Enfamil Formula by Mead Johnson
- Enfamil Milk Fortifier Liquid Standard Protein
- Enfamil 24 Cal Infant Formula
- Enfamil NeuroPro Enfacare
- Enfamil Premature 24 Cal/fl oz HP
- Enfamil Premature Infant Formula 20 Cal with Iron
- Enfamil Human Milk Fortifier Liquid High Protein
- Enfamil Premature Infant Formula 30 Cal with Iron
Common symptoms of necrotizing enterocolitis
Injury or inflammation of the small or large intestine causes a range of issues for the baby. They can’t hold waste in their intestines, allowing bacteria to enter the bloodstream. This can lead to various complications, including NEC. NEC is a common intestinal disease in premature infants.
The most common symptoms of NEC include:
- Apnea
- Lethargy
- Vomit that consists of bile
- Hypotension
- Trouble feeding
- Constipation
- Food that stays in the stomach longer than usual
- Low or unstable body temperature
- Swollen, tender, or red belly
- Slow heart rate
- Diarrhea and dark or bloody stool
NEC often occurs in infants born before 32 weeks of gestation. The disease can start within the first two to four weeks of a baby’s life. Newborns brought to full-term could also develop NEC if fed baby formula.
A range of complications can result from NEC, including:
- Intestinal stricture – An intestine can grow more narrow a few months after an infant recovers from NEC. Food can’t pass through the intestine as easily. It might require an operation to open the intestine and prevent further complications.
- Growth and developmental problems – Poor neurodevelopmental outcomes and developmental delays could occur in babies that need surgery to manage the symptoms of NEC.
- Abdominal infections – Some infants might suffer a perforated intestine. A hole in the intestinal wall can allow bacteria into the abdominal cavity. Peritonitis, a serious abdominal infection, can result from the spread of bacteria.
- Short bowel syndrome – Some babies have difficulties absorbing nutrients and fluids due to the damage to their small intestines. Tube feedings and lifelong care might be necessary to ensure children with short bowel syndrome receive the nutrition they need for development and growth.
Landscape
Compensation for necrotizing enterocolitis
You could pursue legal action against Mead Johnson or Abbott if your baby developed NEC from either manufacturer’s formulas. The compensation you receive might cover losses, such as:
- Medical bills
- Loss of enjoyment of life
- Pain and suffering
- Lost wages
- Lost earning capacity
- Out-of-pocket expenses
- Emotional distress
You might also be able to seek exemplary or punitive damages. This form of compensation punishes the defendant and is meant to deter similar actions in the future. However, state laws impose strict requirements for recovering this financial award. You must show clear and convincing evidence of the defendant’s misconduct.
How to treat necrotizing enterocolitis
The progression of the disease, how prematurely your baby was born, and other factors will determine the type of treatment most effective for NEC. A range of NEC treatments is available, including:
- Stop feedings
- Monitor the condition with regularly scheduled X-rays
- Start an IV fluid to maintain nourishment and hydration
- Keep the infant separated from other babies to prevent spreading the disease
- Provide a breathing machine or extra oxygen if the baby’s swollen belly prevents them from breathing on their own
- Insert a tube into the stomach from the nose to keep the stomach empty and remove fluid
- Administer antibiotics to fight infections
Babies can begin feeding again once the infection is gone. It could take between five and seven days to rid the body of the infection.
If NEC causes a hole to form in the intestine or initial treatments don’t produce an improvement in symptoms, surgery might be necessary. The doctor can remove ruptured parts of the intestine and dead tissue during the operation to prevent further damage.
Timeline
December 2025
NEC trial scheduled for February in Cook County.Â
A trial date of February 10, 2026, has been set for the first cohort of NEC cases in the Circuit Court of Cook County, Illinois. These cases are separate from the federal multidistrict litigation, and while the outcomes of these trials are not binding for other cases, they may help plaintiffs and defendants assess the trajectory of the litigation as a whole.Â
September 2025
Plaintiff victories in state court as delays in federal court continue.
The NEC litigation is currently experiencing some delays in federal court. A trial scheduled for August 2025 did not go forward due to case-specific issues, including the availability of alternative products and individualized warnings provided to plaintiffs. We are keeping a close eye on the situation and will continue to work to avoid further trial delays.Â
Meanwhile, trials in state court have resulted in substantial plaintiff victories, including awards of $60 million and $495 million. The only verdict siding with the defendants so far has been overturned for defense counsel misconduct.Â
Wallace Miller attorneys are actively involved in both the federal MDL and parallel state court proceedings, and we continue to fight vigorously on your behalf.Â
November 2024
Jury rules in favor of defendants in bellwether trial in St. Louis.
A jury has ruled in favor of the defendants in a recent bellwether trial in St. Louis, clearing Abott Laboratories and Mead Johnson of liability in that individual claim. While this result is disappointing, it comes after several significant victories for plaintiffs totaling more than half a billion dollars.Â
The companies still face thousands of claims alleging that their formula caused infants to develop necrotizing enterocolitis. Plaintiffs and their legal teams will continue to fight to hold these manufacturers accountable for the harm they caused.Â
July 2024
Missouri court orders Abbott to pay $95 million in compensatory damages.
In a groundbreaking legal victory, the 22nd Judicial Circuit Court of Missouri ordered Abbott Laboratories to pay $95 million in compensatory damages and $400 million in punitive damages to the family of an infant who suffered from necrotizing enterocolitis (NEC) after being given their Similac baby formula.
This is the second case to be tried against Abbott Laboratories and marks a significant step forward for the thousands of claims that have been brought against Abbott in both the federal multidistrict litigation and in state course consolidations across the country.Â
While trials are likely to continue, this Plaintiff victory furthers a promising trajectory for continued settlement negotiations. Trials will likely continue for the foreseeable future, but the more Plaintiff victories, the more pressure it puts on Abbott to settle the remaining claims in a manner favorable to Plaintiffs.
Wallace Miller will continue to update you as this litigation progresses.Â
2021
American Academy of Pediatrics publishes study on breastfeeding and risk of NEC.
Over the years, many scientific studies have shown a link between baby formula and NEC in infants. The American Academy of Pediatrics published a study on breastfeeding and human milk in 2021. Researchers discovered a preference for breast milk to reduce a premature infant’s risk of NEC.
2019
Cochrane studied low birth weight and preterm infants given cow milk-based formulas. The results show the rate of NEC is seven times higher.
2016
Another study involving over 1,500 newborns who only drank breast milk found a lower incidence of NEC.
2015
A study in Portugal shows a 50 percent decrease in NEC rates when infants consume breast milk instead of baby formula.
2014
The evidence for feeding strategies in babies with NEC show higher rates of the disease when fed formula instead of breast milk.
2011
In a Call to Action released by the U.S. Surgeon General, mothers were encouraged to feed their babies breastmilk instead of formula to reduce the risk of NEC.
2010
Another study compared the effects of human milk fortifiers or breast milk to bovine-based baby formula. The data concluded that infants fed breast milk or human milk fortifiers are 90 percent less likely to develop NEC.
1990
In 1990, The Lancet published a study on the effects of cow milk-based formula on premature babies. The results show NEC is six to ten times more common in this group than in babies only fed breast milk.
