NEC Baby Formula Lawsuit: Updates and Settlements (April 2025)

Legally Reviewed

This article has been written and reviewed for legal accuracy and clarity by attorney Matthew Dolman and is accurate as possible. Matthew is a licensed attorney with twenty years of legal experience. His practice includes mass tort claims and representing plaintiffs in product liability lawsuits. Dolman Law Group has collected $250,000,000.00 in compensation for injury victims and has represented over 7500 individuals. This content should not be taken as legal advice from attorney.

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The makers of Similac and Enfamil, two of the most popular baby formula brands, are facing hundreds of possible product liability lawsuits for failing to warn parents and doctors about the health risks associated with their products.

Infants across the U.S. have developed a serious gastrointestinal condition known as Necrotizing Enterocolitis (NEC) after consuming certain baby formula products.

Families with infants who have developed NEC are now seeking compensation from the baby formula makers, Abbott Laboratories and Mead Johnson. These NEC baby formula lawsuits have been consolidated into a multidistrict litigation (MDL) overseen by the Honorable Judge Rebecca Pallmeyer, of the Northern District of Illinois.

The injured plaintiffs argue that Abbott and Mead Johnson should be held liable for their defective products, which have caused serious harm to infants. If successful, these product liability personal injury claims could easily cost the formula makers millions of dollars in economic damages to pay for medical bills, lost wages, and non-economic losses, including pain and suffering.

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Table Of Contents

NEC Lawsuit Against Abbott Laboratories and Mead Johnson Have Common Allegations

These lawsuits allege both manufacturers put profit over safety and failed to warn medical professionals and general public that their cow based milk infant formulas posed a risk of NEC to a premature infant. Abbott Laboratories and Mead Johnson continued marketing their products as being safe and failed to include a warning about NEC. 

The injured plaintiffs argue that Abbott and Mead Johnson should be held liable for their defective products, which have caused serious harm to infants.

If successful, these product liability personal injury claims could easily cost the formula makers millions of dollars in economic damages to pay for medical bills, lost wages, and non-economic losses, including pain and suffering. Abbott and Mead must be held accountable for failing to include a warning on their infant formulas. What started as an NEC class action lawsuit evolved into multidistrict litigation centralized in the United States District Court for the Northern District of Illinois.

Latest Lawsuit Updates - April 2025

Below are the latest updates on the NEC Baby Formula Lawsuit.

April 1, 2025 - NEC Formula Makers Lose Their Only Courtroom Win, Oklahoma Family Joins MDL

A Missouri judge has thrown out the only defense verdict in an NEC baby formula trial, ruling that lawyers for Abbott and Mead Johnson deliberately misled jurors and violated court orders. The decision wipes out their sole legal victory and highlights the growing liability they face.

Back in October 2024, Abbott’s lead attorney was barred from delivering closing arguments due to repeated misconduct. Now, the judge has confirmed that the defense undermined the trial by introducing inadmissible evidence, making false claims, and using discredited expert testimony. The ruling also criticized their attempt to blame the plaintiff’s marijuana use without proof of any link to NEC.

This is a major win for plaintiffs and further reinforces prior jury awards totaling nearly $500 million. While the companies plan to appeal, the tide continues to turn against them. Based on this turn of events, the formula makers should be considering a global settlement rather than facing more juries that could award hundreds of millions of dollars to injured plaintiffs as we mentioned below.

A recent lawsuit filed by an Oklahoma family claims their premature son experienced severe complications and long-term health issues as a result of receiving certain formula in the NICU. The complaint alleges Mead Johnson knowingly promoted its cow’s milk-based formula as safe for preemies, despite decades of evidence linking it to NEC. The family claims the company prioritized hospital marketing over safety, failing to warn caregivers of the risks.

As of last month, the total number of claims in this MDL was 663.

March 1, 2025 - Formula Makers File Motion For Summary Judgment Based on Conflicting Research

The defendants in this multidistrict litigation have filed a motion claiming the plaintiffs do not have admissible expert witness evidence to prove a connection between cow's milk formula and the development of NEC in premature babies. Defendants have challenged the two medical experts offered by the plaintiffs, Dr. Logan Spector and Dr. Jennifer Sucre, and requested the court exclude their testimony. In these science-heavy cases, plaintiffs must present expert testimony that can show a link between the dangerous product and the medical condition suffered by the plaintiff.

The defendants' motion conveniently ignores the outcomes of other NEC baby food trials in state courts. Last March, a St. Clair County, Illinois jury awarded $60 million to the family of a premature baby who developed NEC after consuming cow's milk formula. Also, in July, a Missouri jury entered a verdict against Abbott Laboratories in the amount of $495 million, finding Abbott's Similac formula caused NEC in the plaintiffs' preterm child.

The defendants' argument is based on a study released by the National Institutes of Health (NIH) Working Group that claimed NEC in premature babies was more likely caused by “the absence of human milk—rather than exposure to formula.” Unfortunately, the NIH joined the FDA and CDC in a joint statement concluding that “no conclusive evidence that preterm infant formula causes NEC” exists.

Summary judgment is only granted in cases where no evidence could support the plaintiff's claims. Plaintiffs have growing research that cow's milk formulas can be linked to NEC and internal corporate documents that show these companies knew about the risks of NEC but didn't warn about them. With substantial plaintiffs' verdicts already on the books, we don't believe summary judgment is warranted in this case. However, if the court disagrees and grants the summary judgment, all of the pending federal cases could be dismissed.

February 10, 2025 - Bellwether Trials: The Legal Crystal Ball of the NEC Lawsuits

Now that we have bellwether trial dates set in the ongoing NEC baby formula MDL (May, August, and November 2025, and February 2026), let's look at how bellwether trials work and what light they can shed on the possible NEC lawsuit settlements.

How Bellwether Trials Work

1. The Cases Are Chosen Strategically – The plaintiffs and defendants (with input from the judge) pick a handful of cases that they all agree best represent a sample of the litigation. The cases selected shouldn't be outliers. They should reflect the key issues in most of the lawsuits, meaning the cases should make allegations and have similar damages that are common to many NEC plaintiffs.
2. The Jury Comes from the MDL's Home Base – In an MDL, all of the cases nationwide are consolidated into one federal court. The jurors are pulled from the local community in the court’s jurisdiction. This is important because it's one of the downfalls of a bellwether trial. If a global settlement is not reached during negotiations, then the cases will be sent back to the courts in which they were filed. Since the NEC lawsuit is currently consolidated in Illinois, the jury for the bellwether trial in Illinois could be very different from a jury in New York or California, making the predictions that we gain in these test trials questionable if the MDL doesn't work out.
3. The Verdicts Set the Tone for Settlements – Bellwether verdicts aren’t binding for the other cases in the MDL, but they are not a mock trial. The results in that particular trial stand. If plaintiffs win big, the defense might rush to settle to avoid further losses. If the defense wins, they might dig in and offer little to nothing on the remaining cases.

So, How Will the Bellwether Trials Shake Out?

The NEC (necrotizing enterocolitis) baby formula claims are centered on allegations that baby formula companies like Abbott (Similac) and Mead Johnson (Enfamil) failed to warn parents that their cow’s milk-based formulas significantly increase the risk of NEC in premature infants, which can cause serious problems or death. Let's look at the factors that will play a big role in the settlement of the NEC MDL.

This litigation is challenging but winnable for plaintiffs. Here’s why:

• The Science Is Hotly Contested: There’s a strong medical basis for the NEC-formula link, but the defense will argue that it’s not definitive enough to prove liability. Plaintiffs will need expert witnesses who can not only prove the link with studies but clearly explain the science in a way the jurors can understand. Expert witnesses are everything in these science-based mass torts.
• Juror Sympathy Is on the Plaintiffs’ Side: These NEC cases involve sick or deceased premature infants—babies are a powerful emotional factor. If the plaintiffs and experts do their job, they will use good storytelling to take advantage of this. However, the defense will try to counter this with arguments that NEC can develop regardless of formula and that hospitals, not formula companies, should bear the responsibility.
• Defense Will Play the 'FDA Approved' Card: Abbott and Mead Johnson are expected to argue that their formulas met federal safety standards then and still do now, so warnings weren’t necessary. Plaintiffs will need to show that just because a product is legal doesn’t mean it’s safe (think tobacco litigation).

bellwether's Impact on NEC Settlements

If plaintiffs win big in the first few bellwether trials, we expect Abbott and Mead Johnson will start talking serious money to avoid a string of devastating jury awards. A strong win in these early trials could force a decent global settlement for all claimants.

If the defense wins or the jury's responses are lukewarm, the defense will likely hold firm and refuse large settlements, forcing more cases to go to trial. Plaintiffs might have to consider accepting a lower global settlement, settling individually, or taking the risk of individual trials.

Given the stakes and the industry’s history, I’d predict a long fight but one that ends in an eventual settlement—with numbers depending on how strong these first few bellwether verdicts turn out.

If juries award multimillion-dollar verdicts in even a few of the five upcoming bellwether trials, the formula manufacturers won’t want to risk hundreds of those in a row. That would be dumb, and they know it.

In short, these early trials are make-or-break for the plaintiffs, and how they go will largely dictate whether victims see justice or an uphill battle that will end in disappointment for many.

February 1, 2025 - Defendants File Motion to Exclude Neonatologist Witness

Plaintiffs have named Dr. Jennifer Sucre as an expert witness in the NEC baby formula MDL. The defense recently filed a motion to exclude Dr. Sucre to keep her from testifying about the connection between preterm infants receiving baby formula and the development of necrotizing enterocolitis (NEC).

Dr. Sucre is a highly acclaimed and nationally recognized physician-scientist and neonatologist at Vanderbilt University. She has extensive expertise in preterm infant health and cellular processes and is acknowledged as a trusted authority in this field. The defendants are trying to say Dr. Sucre is unqualified because her testimony could seriously harm their case.

January 24, 2025 - 4 Bellwether Trial Dates Set, Motion Hearing Schedule in Place

The first four bellwether (test) trials have been scheduled as follows:

• Mar v. Abbott Laboratories - May 5, 2025
• K.B. v. Abbott Laboratories - August 11, 2025
• Brown v. Abbott Laboratories - November 3, 2025
• Inman v. Mead Johnson & Co., LLC - February 2, 2026

With the first trial expected to start in approximately three months, we hope to see serious settlement discussions that could lead to a global settlement in the near future.

In the meantime, both parties in the MDL agreed upon a pretrial briefing schedule dealing with expert witness disputes and dispositive motions. The goal is to address general key issues that will affect all claims while deferring case-specific disputes until closer to the scheduled trial dates. The parties also agreed on dates for last-minute motions in limine and the final pretrial conference related to the first bellwether trial.

January 1, 2025 - Filing NEC Baby Food Cases in State Versus Federal Court

Since several lawsuits filed in state courts have already gone to trial, plaintiffs are weighing their options between filing a state claim or joining the federal, nationwide Multidistrict Litigation (MDL). One California plaintiff requested their case be remanded from the MDL to state court, but the MDL court refused. Why would a plaintiff choose state court over the MDL?

State claims are moving more quickly than the MDL, and two trials have already resulted in large verdicts for the plaintiffs, including substantial punitive damages. However, a jury recently entered a verdict for the defendants in last month's Missouri trial. That case was brought against the doctors who allowed the child to consume cow's milk formula, not against the baby formula manufacturers.

There is always a risk when a case goes to trial. To better understand your options, talk to the Lawsuit Legal News team about your unique circumstances.

December 1, 2024 - Missouri Jury Enters Verdict For Defendants, Defense Counsel Sanctioned, MDL and State Court Claims Continue to Grow, Hospitals Reduce Use of Cow's Milk Formulas

The Missouri trial filed on behalf of a child who developed NEC after consuming cow's milk formula in a St. Louis hospital was quite a show. After acting in "bad faith" several times, the lead defense lawyer was sanctioned by the court for possibly violating legal ethics rules. If the defense was trying to cause a mistrial, they wasted their time since the jury eventually ruled in favor of the defense.

One of the medical witnesses in the Missouri trial stated the injured child had a genetic condition that could have caused his mental impairments, not the baby formula he was fed. Sadly, this doctor never physically examined the child to form his opinion.

Despite this setback, plaintiffs continue to file NEC baby formula claims in state court, and the federal MDL has grown to more than 670 cases. While these cases are pending, several US hospitals, such as Mount Sinai in Chicago, are restricting the use of cow's milk formulas and experiencing a much lower incidence of NEC in pre-term babies.

November 1, 2024 - Defendant Argues No Need to Warn, Missouri NEC Trial Starts, Bellwether Trials Set

The defendant is arguing that it didn't have to warn about the risk of cow's milk formula and NEC because all hospitals knew that it was a risk. Of course, a warning would help more than hospital staff make good decisions about whether to give infant formula or human milk. Parents, caregivers, and others should know about serious risks when children could be harmed. The LLN team is confident that this defense will not succeed.

A Missouri claim brought against the St. Louis Children's Hospital started trial in October. Rather than suing the formula makers, the plaintiffs want to hold the doctors responsible for the serious injuries suffered by their child because their infant received formula when donor milk was available.

The first four bellwether trials (test cases) are now scheduled. The first trial is set for May 5, 2025, the second on August 11, 2025, the third on November 3, 2025, and the fourth trial is set for February 2, 2026. The LLN team remains optimistic that these cases will settle before the first trial date.

Why You Should Hire an NEC Baby Formula Lawyer

When caring for a sick infant or mourning the loss of a baby, the last thing you need is the additional responsibility and stress of handling a product liability lawsuit. These types of claims are complex and require a significant amount of time to prepare, present, and resolve. A qualified NEC baby formula lawyer can effectively manage the necessary legal paperwork, gather medical records, and ensure that all critical deadlines are met on your behalf.

In addition to overseeing the administrative side of an NEC personal injury claim, an experienced product liability lawyer can prove to be a considerable asset in settlement negotiations. Plaintiffs who represent themselves often wind up with a smaller settlement than they would have received if they had sought the legal assistance of a personal injury attorney. 

A skilled NEC baby formula attorney has the experience to leverage a fair settlement from a negligent manufacturer or their insurance carrier because they are more familiar with the tricks and tactics insurance companies use to dismiss or diminish claims. A tenacious injury lawyer will also ensure your settlement takes into account future anticipated expenses and personal losses, not just current out-of-pocket costs.

Insurance carriers generally want to pay the lowest amount possible to resolve a claim. In this way, they avoid losing profit and protect the company's bottom line. When facing large corporations, their insurance companies, and vast legal teams, you will need a capable representative with specific product liability experience to advocate for the value of your damages. Also, these corporate entities are more likely to seriously consider your claim when they see that a respected personal injury attorney is advocating on your behalf.

What is Necrotizing Enterocolitis (NEC)?

Necrotizing Enterocolitis (NEC) is a severe gastrointestinal condition where the lining of the intestine deteriorates due to inflammation. According to the Cleveland Clinic, about 1 out of every 1,000 premature babies develops NEC. However, this number is only 1 out of 10,000 for full-term infants. In some tragic cases, this condition has been fatal. 

Parents should be aware of the signs and symptoms of NEC in infants so they can seek medical treatment as soon as possible. This is especially important if their child was born prematurely and received supplemental formula such as Similac or Enfamil in the hospital.

Possible Symptoms of NEC in Infants:

• Lethargy
• Rejecting food
• Abdominal swelling
• Bloody feces
• Green vomit
• Difficulty breathing
• Unusually rapid or slow heart rate
• Fever

What Causes NEC in Infants?

Premature babies are the most vulnerable to developing NEC after consuming formula made with cow’s milk. Hospitals often use formula to bolster premature infants’ nutrition and help them gain weight. Research currently indicates that premature infants are likely more susceptible to developing NEC because the linings of their intestines are not as well-developed, and their bodies are not prepared to digest cow’s milk-based formula. 

The plaintiffs in the NEC baby formula lawsuits claim that baby formulas like Enfamil and Similac have caused NEC, which leads to holes in their infants' intestines. When a hole develops, bacteria can spread and cause a deadly infection. Babies have underdeveloped immune systems and are, therefore, less capable of fighting off an infection. These combined health issues can cause neurological and organ damage or even death.

Who is Eligible to File an NEC Baby Formula Lawsuit?

Parents with children who have developed NEC due to baby formula consumption may be able to seek compensation for damages by filing a product liability lawsuit. The manufacturers, designers, and even distributors of NEC-causing baby formula may be considered liable for the harm their products cause.

Product liability is an area of personal injury law that involves consumers filing claims against the makers of defective products that caused them harm. The plaintiffs must prove a legal basis for these lawsuits. Usually the allegations involve a product that harmed a consumer who was using it as intended, but the product was defective in some avoidable way. The claimed defect can exist because of defective design, defective manufacturing, or defective labeling.

An NEC baby formula lawsuit can ensure baby formula makers are held accountable for the harm they cause to infants and their families. These cases request compensation for the families’ losses caused by NEC, either through a settlement or trial.

What Damages Can You Recover in an NEC Baby Formula Lawsuit?

NEC can do irreparable damage to the bodies of infants, particularly those that are already medically fragile and underweight. In many cases, these children may need years of medical intervention or a lifetime of care. This can take a physical and emotional toll on the child and their caretakers. In a product liability lawsuit, families of infants who developed NEC from baby formula can seek compensation for the economic and non-economic damages they incurred. 

Economic damages have an established dollar value since they are financial in nature and usually easily documented. This makes compensation more straightforward. Non-economic damages are calculated on a more subjective basis, as they extend to reflect emotional or intangible losses that may differ in value based on the circumstances of the case.

Examples of economic damages in an NEC baby formula lawsuit:

• Medical bills
  • Medication
  • Surgery
  • Hospital stays
• Job-related losses
  • Lost wages
  • Missed promotions
• Wrongful death
  • Funeral and burial expenses
  • Pain and suffering

Your infant may suffer from life-long deficits due to the negligence of baby formula manufacturers, so you need to think in the long term when it comes to determining the full extent of your losses.

For example, will your child have neurological deficits or difficulty eating? Will you or your spouse have to change jobs or even quit to be a caretaker for your child? Can you afford to miss work to take your child to specialists’ appointments? What kind of impact will this have on your mental health?

Many of these concerns relate to non-economic damages that may be requested in a product liability lawsuit.

Examples of non-economic damages:

• Pain and suffering
• Loss of enjoyment of life
• Loss of family relationships
• Emotional distress, anxiety, and depression
• Other personal and emotional losses related to facing life with NEC

Costs like these can accumulate quickly. A product liability attorney who has handled NEC baby formula cases will be able to give you a better idea of the total value of your damages.

Frequently Asked Questions

Have Similac or Enfamil baby formulas been recalled over NEC concerns?

No. The formula recalls issued in early 2022 were unrelated to the allegations that their cow’s-milk-based formulas cause NEC. Those recalls applied to specific batches of tainted formula or affected manufacturing locations. Abbott and Mead Johnson both claim that their baby formulas do not constitute any more risk to premature infants than breast milk and refuse to recall their products.

What is multidistrict litigation, and why are the NEC baby formula lawsuits consolidated into one?

Multidistrict litigations are similar to class action lawsuits. Both seek to ease the strain on court resources by combining similar claims or plaintiffs. A class action is one lawsuit with multiple parties who will all participate in the final outcome when the case is decided. 

In multidistrict litigation, the claims are grouped together, and tasks like the evidence discovery process and motion hearings are shared, but individuals are still pursuing their own personal lawsuits against the defendant. 

The NEC baby formula product liability lawsuits have been consolidated into an MDL in the Northern District of Illinois because the plaintiffs suffered comparable injuries and shared claims of negligence against certain manufacturers.

In the case of the NEC baby formula lawsuits, certain subsets of the multidistrict litigation have already been remanded to their original jurisdictions. For example, the presiding judge in the NEC multidistrict litigation has already sent nearly 30 claims back to state courts in Pennsylvania because they pertained to negligent hospitals that encouraged parents to use the dangerous formula rather than the baby formula manufacturers.

What kind of impact will the bellwether trials have on settlement for other NEC baby formula families?

As it stands now, cases for bellwether trials are being selected. This will give both sides an idea of what to expect in terms of settlements. If juries for the test cases award larger verdicts than manufacturers like Abbott Laboratories and Mead and Johnson had been prepared to offer, they may be more eager to settle quickly to avoid making huge payouts. However, if the juries return with smaller verdicts in bellwether trials, the manufacturers may reevaluate the amounts they were considering and reduce them.

How long do I have to file an NEC baby formula claim?

Time is always a factor in personal injury cases, especially for wrongful death claims, which only allow for a two-year window of opportunity to file a claim. Don’t jeopardize your claim by waiting until it’s too late to start the process. 

Our NEC baby formula lawyers can listen to your personal story and determine when the statute of limitations will run on your claim. We definitely encourage you to speak with an experienced legal representative as soon as possible to avoid missing your opportunity to request the compensation you deserve.

Reach Out to a Dedicated NEC Baby Formula Lawsuit Lawyer Today

If your infant developed NEC after being fed cow’s milk formula, you may be facing a medical nightmare for some time. You don’t have to face these issues alone. Our experienced legal team can explain your rights and the potential for financial compensation in your unique situation. Call us today at 866-535-9515 or fill out our online contact form for a free consultation and begin your journey to peace of mind.