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Baby Formula NEC Lawsuits

If your baby developed necrotizing enterocolitis (NEC) after consuming certain cow milk-based formulas, you may have a claim.

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A baby bottle filled with formula lying on its side on a table. A small pile of loose formula with a measuring spoon is beside the bottle

Case Overview

Parents of premature babies are filing baby formula lawsuits against cow milk-based baby formula brands made by Abbott Laboratories and Mead Johnson. These parents allege that Enfamil and Similac products led their babies to develop necrotizing enterocolitis (NEC), a serious gastrointestinal issue.

Important NEC lawsuit updates

  • July 2025: There were 744 claims filed in the Baby Formula NEC MDL.
  • May 2025: The first bellwether case against Abbott Laboratories was scheduled to begin on May 5, 2025. But, days before the trial was set to proceed, an Illinois judge ruled in favor of Abbott.
  • May 2025: There were 710 claims filed in the Baby Formula NEC MDL.
  • March 2025: A Missouri state judge overturned an October 2024 verdict in favor of the defendants and ordered a new trial.

Learn more about NEC baby formula lawsuit updates.

Key takeaways about NEC baby formula lawsuits

  • Families are suing major baby formula makers for selling cow milk-based infant formula and failing to warn consumers of an increased risk of necrotizing enterocolitis (NEC).
  • NEC is a condition that inflames gastrointestinal tissue and can cause the tissue to die. This can lead to perforations or tears in the intestinal wall.
  • More than 700 actions are part of a multidistrict litigation (MDL) docket against the makers of Similac and Enfamil. The first cases have already gone to trial.

Why are people filing baby formula lawsuits?

Parents of premature infants diagnosed with NEC are filing infant formula lawsuits against Mead Johnson (Mead) and Abbott Laboratories (Abbott). These companies manufacture Similac and Enfamil baby formulas. NEC is a gastrointestinal condition that causes intestinal tissue to die. NEC can lead to serious abdominal and blood infections. In some cases, it may be fatal.

These lawsuits state that Mead and Abbott should have warned consumers about the increased risk of NEC when they feed their cow-milk based formula to premature infants.

Our medical attorneys are reviewing these allegations. If your child has been affected by NEC after consuming formula products, we may be able to help with filing a lawsuit.

Brands involved in baby formula NEC lawsuits

Research indicates that cow milk-based baby formulas are more likely to lead to NEC in premature babies. Specific formula products that may be a concern for premature babies include:

Abbott Products

Mead Johnson Products

  • Similac Alimentum
  • Similac Alimentum Expert Care
  • Similac Human Milk Fortifier
  • Similac Human Milk Fortifier Concentrated Liquid
  • Similac Human Milk Fortifier Hydrolyzed Protein- Concentrated Liquid
  • Similac Human Milk Fortifier Powder
  • Similac Liquid Protein Fortifier
  • Similac NeoSure
  • Similac Special Care 20
  • Similac Special Care 24
  • Similac Special Care 24 High Protein
  • Similac Special Care 30
  • Enfacare Powder
  • Enfamil 24 and DHA & ARA Supplement
  • Enfamil Human Milk Fortifier Acidified Liquid
  • Enfamil Human Milk Fortifier Liquid High Protein
  • Enfamil Human Milk Fortifier Powder
  • Enfamil Milk Fortifier Liquid Standard Protein
  • Enfamil NeuroPro Enfacare
  • Enfamil Premature

If you use these or other bovine formulas to feed your premature infant, you may wish to speak with your doctor.

What is NEC?

Necrotizing enterocolitis (NEC) is a condition that inflames gastrointestinal tissue. This causes tissue in the digestive system to die, which can lead to perforations or tears in the intestinal wall. Weakened intestinal tissue from NEC allows bacteria to leak into the bloodstream and body. This makes infants more susceptible to life-threatening infections.

While any newborn can develop NEC, babies born prematurely develop it more often. NEC affects one in 1,000 preemies and only one in 10,000 full-term infants. It’s also more common in infants with low birth weights, whether premature or not. About 90% of the babies who get NEC are premature or have a low birth weight.

Symptoms of NEC

Symptoms of the disease may present differently depending on the infant. Some infants may only experience mild cases and associated symptoms. Other infants have more serious symptoms.

NEC symptoms include:

  • Abdominal bloating, swelling or pain
  • Changes in basic bodily functions (blood pressure, heart rate, temperature and breathing)
  • Diarrhea with bloody stool
  • Difficulty feeding and weight loss
  • Green or yellow-colored vomit
  • Lethargy

Seek a doctor’s help immediately if your baby or a baby you care for is showing these symptoms. Babies fed formula or breast milk may develop NEC. However, research at Stanford Medicine Children’s Health says babies not fed breast milk are more likely to deal with NEC.

If your baby has developed NEC after being fed Enfamil or Similac baby formulas, you may have a case. Baby formula lawyers can help you explore a NEC lawsuit.

Contact an NEC formula lawyer

You may have a claim if your:

  • Premature baby developed NEC after consuming a cow milk-based formula
  • Full-term baby became sick after consuming a recalled product made by Mead Johnson or Abbott Laboratories.

Contact medical attorneys Laura Stemkowski or Carmen Scott by email or call 1.800.768.4026 for more information.

Abbott baby formula recall

In addition to the concerns over NEC, Abbott has a history of issues with its baby formula products. In February 2022, Abbott issued a voluntary recall of its Similac, Similac PM 60/40, Alimentum and EleCare baby formula products. The company recalled the products after multiple complaints, which included:

Parents can locate the lot number printed on their baby formula container to determine whether the recall included it. Abbott recalled Similac, Alimentum and EleCare powder formulas with the following lot codes and expiration dates:

  • Lot codes with the first two digits 22 through 37
  • Lot codes containing K8, SH or Z2
  • Expiration dates of April 1, 2022 (4-1-22) or later

Later in February 2022, Abbott also recalled the following Similac PM 60/40 products:

  • Cans containing lot code 27032K80
  • Cases containing lot code 27032K800

The bacteria reported in these Abbott products can cause serious infections. The U.S. Food and Drug Administration (FDA) followed up both of Abbott’s voluntary recalls with formal recalls of its own.

Symptoms of Cronobacter
infections in infants

Symptoms of Salmonella
infections

  • Excessive crying
  • Fever
  • Poor feeding
  • Meningitis
  • Seizures
  • Very low energy
  • Diarrhea with bloody stool
  • Fever
  • Headache
  • Nausea
  • Stomach cramps
  • Vomiting

If you or another caregiver observe these symptoms in your baby, take the baby to a healthcare provider as soon as possible.

Mead Johnson formula recall

In December 2023, the FDA announced that Reckitt/Mead Johnson Nutrition voluntarily recalled certain batches of their Nutramigen Hypoallergenic Infant Formula Powder. These are the affected batches of the baby formula:

  • ZL3FHG (12.6 oz cans)
  • ZL3FMH (12.6 oz cans)
  • ZL3FPE (12.6 oz cans)
  • ZL3FQD (12.6 oz cans)
  • ZL3FRW (19.8 oz cans)
  • ZL3FXJ (12.6 oz cans)

If you have any Nutramigen Hypoallergenic Infant Formula Powder with those batch codes, you should not use them. Remove the product to a safe area where it cannot accidentally be used. But, saving the packaging could be an important piece of evidence in a lawsuit. You can also contact Reckitt/Mead Johnson Nutrition for a refund.

The FDA has not received reports of illnesses related to this Nutramigen recall. Public health agencies in other countries detected a pathogen in the formula, Cronobacter sakazakii, which prompted the recall.

Cronobacter sakazakii occurs naturally. It can enter factories and homes via hands, shoes and other contaminated surfaces.

Necrotizing enterocolitis lawsuit status

Parents are filing lawsuits against baby formula makers Mead Johnson and Abbott Laboratories for failing to warn them about the risk of NEC when premature babies are fed their cow-milk based formulas.

These lawsuits include multiple products across the Enfamil (by Mead Johnson) and Similac (by Abbott) brands. Parents/guardians are seeking compensation for their emotional distress, the harms caused to their infants and financial losses associated with NEC.

If you have a premature infant who was diagnosed with NEC after being fed Similac or Enfamil products, you may be eligible to file a baby formula lawsuit.

Image describing the types of compensation available to people in successful baby formula lawsuits, including medical costs, pain and suffering, lost income, and wrongful death.

Is there a NEC class action lawsuit?

No, the NEC baby formula cases aren’t a class action lawsuit. They are a similar type of mass tort lawsuit called multidistrict litigation (MDL). There is a separate baby formula class action lawsuit for issues related to Abbott’s recall. However, this is not connected to the NEC baby formula lawsuits discussed here.

Most of the NEC lawsuits are collected in an MDL docket in the U.S. District Court for the Northern District of Illinois. This doesn’t mean parents have to live in Illinois to file a lawsuit. MDLs organize multiple lawsuits against the same defendants into one court. Consolidating lawsuits can help establish common facts and expedite the legal process.

The NEC baby formula lawsuits are a part of In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, MDL No. 3026. As of May 2025, there were 710 pending actions in the docket. Many other cases are filed in similar consolidations in various state courts, including Missouri, Illinois and California.

Motley Rice baby formula attorneys may be able to help you file a Similac or Enfamil lawsuit. We have experience helping plaintiffs fight for justice against the manufacturers of defective products.

Toxic baby food lawsuit

A toxic baby food lawsuit is currently organized as an MDL. It is unrelated to the NEC baby formula lawsuit, but the two can be confused because of their similar names. In the baby food lawsuit, plaintiffs allege that major baby food manufacturers knowingly manufactured and sold baby foods containing toxic heavy metals. Defendants include:

  • Beech-Nut Nutrition Company
  • Gerber Products Company
  • Hain Celestial Group (Earth’s Best Organic)
  • Nurture (Happy Family Organics and HappyBaby)
  • Plum Organics
  • Sprout Foods (Sprout Organics)
  • Walmart (Parents Choice)

The baby food and baby formula mass torts are not related.

Next is a summary of key milestones and updates in the NEC infant formula lawsuits.

Toxic baby formula lawsuit updates

07.02.25

MDL numbers increased slightly leading into July

There were 744 pending actions in the Baby Formula NEC MDL.

06.03.25

June report shows slight MDL growth

The Baby Formula NEC MDL now includes 740 pending actions.

05.02.25

Bellwether case received judgment in favor of Abbott

Early in May, the Illinois federal judge overseeing the MDL issued a summary judgment in favor of defendant Abbott Laboratories. The case was supposed to head to trial as the first bellwether case just a few days later.

However, Judge Pallmeyer said this case’s decision has a “limited direct application” to other cases in the MDL. It is difficult to know how this first ruling will impact how the MDL proceeds.

05.02.25

MDL numbers increase leading into May

There were 710 pending actions in the Baby Formula NEC MDL.

04.02.25

MDL added new cases as first bellwether approaches

Cases continued to grow as 20 new claims were added to the MDL, bringing the total to 683 in April 2025.

03.13.25

Defense verdict overturned in Missouri case

A Missouri state court judge overturned an October 2024 defense verdict that cleared Abbott and Mead of liability. The judge cited misconduct by the defense attorneys as the basis for vacating the verdict and ordering a new trial. The misconduct cited included intentional violations of court orders and misleading the jury.

03.03.25

Actions continued to grow in 2025

There were 663 pending actions in the Baby Formula NEC MDL. This marked an increase of 15 cases from February 2025.

02.04.25

Additional cases added to baby formula MDL

The Baby Formula NEC MDL has increased to 648 pending cases.

01.03.25

New cases added to baby formula MDL

The Baby Formula NEC MDL has increased to 632 filed claims.

12.01.24

More cases in the toxic baby formula MDL

With the addition of two more cases, the NEC baby formula MDL has grown to 626 active cases.

11.01.24

624 MDL actions pending

There are now 624 NEC baby formula lawsuits pending in the MDL. Plaintiffs may continue to file suit to join this consolidated litigation.

10.31.24

Verdict delivered in case against Abbott and Mead Johnson

The jury sided with the defendants, Abbott and Mead Johnson, in the case brought by Elizabeth Whitfield.

10.04.24

First four bellwether trials scheduled

The first four bellwether trials were scheduled for the following dates: May 5, 2025, August 11, 2025, November 3, 2025, and February 2, 2026. These were proposed trial dates still waiting on court approval.

10.01.24

More actions were added to baby formula NEC MDL

The NEC baby formula multidistrict litigation (MDL) had 598 cases as of the beginning of October 2024. This included an additional 200 cases filed in federal court since January 2024.

09.30.24

Missouri jury trial involving baby formula manufacturers began

A jury trial against multiple defendants, including Abbott and Mead Johnson, began in Missouri on September 30. Elizabeth Whitfield, the plaintiff in the trial, alleged that her son, born prematurely at less than 28 weeks old, developed NEC after consuming cow milk-based formula. The lawsuit alleged that the companies and the hospital failed to warn the plaintiff about the risks. The condition required surgery for treatment and caused potentially life-long suffering for the plaintiff’s child.

08.01.24

Baby formula NEC MDL continued to grow

The NEC mass tort had 538 baby formula cases pending in MDL No. 3026 as of the start of August 2024.

07.31.24

First trial against Abbott Laboratories started

The first trial against Abbott Laboratories began in Missouri. This had the potential to serve as a bellwether trial for the MDL.

07.26.24

Illinois woman collected $495 million in Abbott lawsuit

A jury awarded $495 million, including $400 million in punitive damages, to an Illinois woman. She alleged that Abbott’s premature infant formula was responsible for her infant daughter’s NEC diagnosis.

07.01.24

More actions were added to baby formula NEC MDL

534 baby formula cases were pending in MDL No. 3026, which is the NEC mass tort.

03.01.24

$60 million awarded

An Illinois jury awarded $60 million to the mother of a baby who died from intestinal disease. The jury believed Mead Johnson failed to properly warn parents of the risk of NEC from its milk-based products. The plaintiff is not represented by Motley Rice. 

01.01.24

2024 started with additional actions in baby formula NEC MDL

The MDL reached 342 actions pending at the beginning of the year.

12.01.23

Reckitt/Mead Johnson Nutrition voluntary recall

Reckitt/Mead Johnson Nutrition voluntarily recalled batches of Nutramigen Hypoallergenic Infant Formula Powder that may be tainted by the Cronobacter sakazakii pathogen. This recall is not a part of the NEC baby formula lawsuits but is important information for worried parents.

04.01.23

NEC lawsuits transferred to MDL docket

The Multidistrict Litigation Panel (JPML) transferred NEC lawsuits to an MDL docket. The panel appointed Judge Rebecca Pallmeyer to oversee the litigation in the U.S. District Court for the Northern District of Illinois.

02.01.22

Abbott Laboratories voluntary recall

Abbott voluntarily recalled Similac, Similac PM 60/40, Alimentum and EleCare baby formula products. This recall was not a part of the NEC baby formula lawsuits but was important information for worried parents.

View Full Timeline

Frequently asked questions about NEC baby formula lawsuits

When will the NEC lawsuit be settled?

There is no proposed settlement for the NEC baby formula lawsuits. As of May 2025, the MDL docket is still active, and cases are proceeding. It’s difficult to put an exact timeline on mass tort litigation.

NEC baby formula lawyers continue to examine the applicable laws and scientific evidence. Many law firms are still accepting new cases in the MDL against baby formula manufacturers.

What is the statute of limitations for an NEC lawsuit?

State governments set the statute of limitations for product liability lawsuits such as the NEC infant formula lawsuits. Some states set a statute of limitations as short as one year, while others might be six years.

If you believe tainted baby formula caused your child to develop NEC, contact a baby formula attorney. They can provide a case evaluation to see if you’re within your state’s statutes of limitations.

What are the Enfamil and Similac lawsuit qualifications?

You might be eligible for financial compensation from a NEC infant formula lawsuit if your situation matches certain criteria. Typical eligibility requirements include:

  • You have a child who was born prematurely and your preterm baby was diagnosed with NEC or a related bowel or gut condition
  • Your premature infant was fed Similac, Enfamil or other cow milk-based products before being diagnosed with NEC

What is the payout for an NEC lawsuit?

There is no set award or settlement amount for NEC lawsuits. Lawsuit awards depend on the judge and jury, and they take the facts of the case into account. Settlement offers for plaintiffs will also vary depending on the nature of the injuries. In the first case to go to trial in March 2024, , a jury awarded a $60 million verdict to a mother whose baby died from NEC. In July 2024, a jury awarded $495 million to an Illinois mother whose infant survived NEC but needed long-term care. Neither of the plaintiffs in these cases was represented by Motley Rice.

Our experience fighting for families and children

Motley Rice attorneys have worked for decades to seek justice for children and families living with the lifelong effects of toxic and dangerous exposures.

The firm’s additional experience includes:

  • Representing parents whose children have birth defects allegedly caused by medical drugs, including Effexor, Zofran and Zoloft
  • Negotiating a $305 million settlement to fund lead paint cleanup and abatement efforts in 10 California communities. Lead exposure greatly impacts children.
  • Investigating product liability claims, including harms caused by medical devices like glucose monitoring systems and intrauterine devices (IUDs).
  • Negotiating a $600 million settlement for residents of Flint, Michigan, that resolved legal claims against the state for allegedly causing the contamination of Flint’s water supply with lead and other harmful substances

Learn more about our experience with toxic exposure lawsuits.

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Important NEC lawsuit updates

Key takeaways

Why are people filing baby formula lawsuits?

What is NEC?

Abbott baby formula recall

Mead Johnson formula recall

Necrotizing enterocolitis lawsuit status

Toxic baby formula lawsuit updates

Frequently asked questions about NEC baby formula lawsuits

Our experience fighting for families and children

About the Author

Sources
  1. Nolo. Civil Statutes of Limitations.
  2. Law 360. Abbott Beats Bellwether In Formula MDL Ahead Of Trial.
  3. Reuters. First trial against Abbott over premature infant formula kicks off in Missouri.
  4. Reuters. Reckitt unit hit with $60 million verdict in Enfamil baby formula case in Illinois.
  5. Reuters. Abbott, Reckitt face trial over premature baby formula amid alarm from doctors.
  6. Reuters. Abbott, Reckitt face new trial over premature infant formula.
  7. Reuters. Abbott and Reckitt unit secure win in infant formula trial.
  8. Reuters. Abbott must pay $495 million in premature infant formula trial, jury finds.
  9. US Food and Drug Administration. Reckitt/Mead Johnson Nutrition Voluntarily Recalls Certain Nutramigen Hypoallergenic Powdered Infant Formula Products.
  10. U.S. Food and Drug Administration. Abbott Voluntarily Expands Recall of Powder Formulas Manufactured at One Plant.
  11. US Judicial Panel on Multidistrict Litigation. In Re: Abbott Laboratories, Et Al., Preterm Infant Nutrition Products Liability Litigation.
  12. Reuters. First trial against Abbott over premature infant formula kicks off in Missouri
  13. U.S. Judicial Panel on Multidistrict Litigation. Pending MDLs.
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