NEC Baby Formula Necrotizing Enterocolitis (NEC) Products Liability Litigation
Case Overview
Necrotizing enterocolitis (NEC) is a life-threatening gastrointestinal disease that disproportionately affects premature infants, causing intestinal tissue to become inflamed and die. Scientific and medical literature dating back decades has linked cow's milk-based premature infant formulas — including Abbott's Similac Special Care and Mead Johnson's Enfamil — to a significantly elevated risk of NEC compared to human donor breast milk. Despite this well-documented risk, plaintiffs allege that both manufacturers failed to include adequate warnings on their products and aggressively marketed their cow's milk formulas to neonatal intensive care units (NICUs) without disclosing the NEC danger to parents or healthcare providers.
Thousands of families have filed lawsuits after their premature infants developed NEC following formula feedings in hospital NICUs, with many children suffering permanent intestinal injuries or dying as a result. The litigation, which has been coordinated in federal court in Illinois, includes claims for strict products liability, negligent failure to warn, and wrongful death. Abbott and Mead Johnson have contested liability, arguing their products are FDA-approved and that NEC is a complex disease with multiple contributing factors. Several bellwether trials have been scheduled to test the strength of evidence on both sides, with initial jury verdicts resulting in substantial awards for plaintiffs in Illinois state court proceedings.
Who May Qualify
Parents or guardians of premature infants who were fed cow's milk-based premature infant formula (including Similac Special Care by Abbott or Enfamil by Mead Johnson) in a hospital NICU setting and subsequently developed necrotizing enterocolitis (NEC), resulting in injury or death.
Frequently Asked Questions
Can I sue Abbott or Mead Johnson if my premature baby got NEC?
Yes, if your premature infant developed NEC after being fed cow's milk-based formula such as Similac Special Care or Enfamil in a hospital NICU, you may have a valid products liability claim. Many families have already filed suit, and the litigation is actively ongoing.
What is NEC and how is it linked to baby formula?
Necrotizing enterocolitis is a serious disease in which parts of a premature baby's intestines become inflamed and can die. Multiple studies have found that premature infants fed cow's milk-based formula face a significantly higher risk of developing NEC compared to those fed human breast milk.
Has anyone won a lawsuit against Abbott for NEC baby formula?
Yes. In Illinois state court bellwether trials, juries returned substantial verdicts in favor of plaintiff families. One 2023 verdict awarded $495 million against Mead Johnson, signaling significant jury sympathy and strengthening the litigation for thousands of pending claims.