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NEC Lawsuit: A Comprehensive Overview [2024 Developments]

File a NEC Lawsuit

You may be entitled to compensation if you’ve experienced health problems from using a specific baby formula. Reach out to see if you qualify.
See if you qualify
Date Modified: August 16, 2024

The NEC lawsuit involves allegations that certain baby formulas made from cow's milk, specifically Similac and Enfamil, pose a risk of causing necrotizing enterocolitis (NEC) in premature babies. The litigation claims that the manufacturers, Abbott Laboratories and Mead Johnson, did not provide adequate warnings about this severe health risk.

Consequently, numerous families whose infants developed NEC after consuming these formulas have initiated legal actions against the manufacturers.

Latest NEC Lawsuit Update

As of August 2024, a Washington state family has filed a new NEC infant formula lawsuit in the MDL. The lawsuit alleges that their child, K.L., who was born prematurely at 31 weeks gestation, developed necrotizing enterocolitis (NEC) after being fed Abbott’s Similac Special Care formula in the Neonatal Intensive Care Unit (NICU).

According to the complaint, plaintiffs’ NEC baby formula lawyers allege that the formula led to severe gastrointestinal issues, including ruptured intestinal tissue and bowel complications, necessitating extensive medical interventions. The plaintiffs assert that the baby formula directly caused these injuries.

In July 2024, a Missouri jury awarded $495 million in damages against Abbott Laboratories.

The plaintiff received $400 million in punitive damages and $95 million in compensatory damages. The lawsuit alleged that Abbott failed to warn about the risks of NEC associated with its products, which are claimed to pose a significant threat to the health of preterm infants.

This case is the second NEC baby formula lawsuit to go to trial.

There are 534 active baby formula necrotizing enterocolitis lawsuits pending in Illinois under U.S. District Judge Rebecca R. Pallmeyer. So far in these NEC lawsuits, MDL number 3026 has not seen any jury verdicts or global settlements.

Abbott Laboratories is on trial in Missouri, accused of causing NEC in Margo Gill's premature daughter with Similac and failing to warn about the baby formula's risks. A St. Louis jury is hearing the case, which is one of hundreds of similar baby formula lawsuits.

In an order issued May 13, 2024, the judge declared that there is no justification for dismissing a plaintiff’s case without prejudice if they are represented by competent counsel in another case. If that counsel becomes unable to represent the plaintiff, substitute counsel can step in, but there will be no grounds to reinstate the previously dismissed case. Henceforth, all such dismissals will be with prejudice, regardless of the request made.

If you have hired more than one lawyer for your NEC lawsuit, it’s important to resolve this issue. Inform all involved lawyers about the situation, decide who you want to represent you, and proceed accordingly. Ensure that you do not dismiss a case filed within the statute of limitations in favor of one where there is uncertainty about meeting the deadline.

Why Are Victims Filing NEC Lawsuits?

Victims are filing NEC lawsuits due to the severe health risks associated with certain baby formulas made from cow's milk, particularly those baby formula brands like Similac and Enfamil.

Research and cases have shown that cow milk based baby formulas may significantly increase the risk of necrotizing enterocolitis (NEC) in premature infants, a condition that can lead to fatal complications. Plaintiffs argue that the baby formula manufacturers, Mead Johnson and Abbott, failed to provide adequate warnings about this risk, despite evidence suggesting the danger to vulnerable premature infants.

The NEC baby formula lawsuits claim that better warnings could have led parents or caregivers to choose different, safer options for infant nutrition. These legal actions seek compensation for the devastating health outcomes allegedly caused by these formulas.

As the number of affected families grows, these NEC baby formula lawsuits aim to hold formula manufacturers accountable for not sufficiently ensuring the safety of their products for all infants.

Health Implications of NEC

The primary health concern of necrotizing enterocolitis (NEC) in infants is severe intestinal damage, which can be fatal, especially in premature babies. This condition leads to the death of intestinal tissue, and potentially, holes can form in the intestine. Such complications allow bacteria to leak into the abdomen or bloodstream, causing severe infections or sepsis, which can be life-threatening.

Known Injuries and Side Effects

NEC primarily affects the gastrointestinal system of infants, leading to a range of critical symptoms and side effects including:

  • Abdominal pain and bloating
  • Blood in stools
  • Feeding difficulties
  • Lethargy
  • Instability in body temperature
  • Respiratory distress

These symptoms may come on over a few days or appear suddenly in premature babies.

Eligibility for Victims and Legal Procedures

You may be eligible to file an NEC baby formula lawsuit if you are a parent or guardian of an infant who developed necrotizing enterocolitis (NEC) after being fed cow milk-based formulas such as Similac or Enfamil. The lawsuit’s central claim must be that the infant’s NEC condition directly resulted from these formulas, and that the manufacturers failed to provide adequate warnings about such risks.

Am I Eligible to File an NEC Lawsuit?

To determine eligibility for an NEC lawsuit, NEC baby formula lawyers require the confluence of the following three factors:

  • Premature baby
  • Use of Enfamil or Similac formula
  • Diagnosis of necrotizing enterocolitis

Medical documentation of NEC diagnosis, details of formula usage, and the absence of adequate warnings from manufacturers are important in establishing a credible claim.

Key eligibility factors also include the duration and amount of formula intake. Premature babies who were fed these formulas extensively may have a stronger case.

The lack of warnings about the potential risks of NEC at the time of formula use is a crucial aspect, as it forms the basis of claims that manufacturers failed to inform caregivers adequately about the potential health risks of feeding cow milk baby formula to premature babies.

Steps to File an NEC Lawsuit

Filing an NEC baby formula lawsuit, like other personal injury or product liability claims, follows a series of steps to ensure the validity and strength of the claim. The following are the general steps to file an NEC lawsuit:

  1. Consult with an attorney: It’s crucial to start by consulting with an experienced lawyer who specializes in product liability or personal injury claims. They can provide guidance on the strength of your case, potential compensation, and the litigation process.
  2. Gather evidence: Collect all pertinent medical records, purchase receipts, and any documentation that shows your child was fed these formulas. This will demonstrate the connection between the formula and your child’s health condition.
  3. File the complaint: Your attorney will draft a complaint, which is the formal document that starts the lawsuit. It outlines the facts of the case, legal arguments, and the damages being sought.

Potential Compensation and Settlements

A significant verdict was reached in March 2024, when an Illinois jury ordered Mead Johnson to pay $60 million to the mother of a premature infant who died after being fed Enfamil, a cow’s milk-based formula.


This judgment, part of broader litigation concerning NEC risks from such formulas, highlights the potential financial consequences facing manufacturers.


This case’s outcome may influence future settlements and trials in ongoing NEC-related lawsuits, as it represents one of the first substantial awards in this extensive legal battle.

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You may be entitled to compensation if you’ve experienced health problems from using a specific baby formula. Reach out to see if you qualify.
See If you Qualify

All NEC Lawsuit Updates

A Washington state family has filed a new NEC lawsuit in the MDL. The lawsuit alleges that their child, K.L., who was born prematurely at 31 weeks gestation, developed necrotizing enterocolitis (NEC) after being fed Abbott’s Similac Special Care formula in the Neonatal Intensive Care Unit (NICU).

According to the complaint, the formula led to severe gastrointestinal issues, including intestinal ruptures and bowel complications, necessitating extensive medical interventions. The plaintiffs assert that the baby formula directly caused these injuries.

In late July, a Missouri jury awarded $495 million in damages against Abbott Laboratories.

The plaintiff received $400 million in punitive damages and $95 million in compensatory damages. The lawsuit alleged that Abbott failed to warn about the risks of NEC associated with its products, which are claimed to pose a significant threat to the health of preterm infants.

This case is the second NEC baby formula lawsuit to go to trial.

There are 534 active baby formula necrotizing enterocolitis lawsuits pending in Illinois under U.S. District Judge Rebecca R. Pallmeyer. So far, MDL number 3026 has not seen any jury verdicts or global settlements.

Abbott Laboratories is on trial in Missouri, accused of causing NEC in Margo Gill's premature daughter with Similac and failing to warn about the baby formula's risks. A St. Louis jury is hearing the case, which is one of hundreds of similar lawsuits.

In late June, a new baby formula lawsuit was filed in the NEC MDL by the parents of M.N., a premature infant who tragically passed away after developing NEC. The plaintiffs allege that cow's milk-based products from infant formula manufacturers Mead Johnson, including Enfamil Premature Infant Formula and Enfacare, caused the condition.

According to the lawsuit, M.N. was born prematurely on October 3, 2015, at the University of Mississippi Medical Center in Jackson, Mississippi. Shortly after birth, M.N. was fed the defendants’ cow's milk-based baby formulas. The infant soon developed NEC, a severe intestinal condition that required surgery. Unfortunately, M.N. succumbed to the injuries and passed away on October 29, 2015.

The wrongful death claim asserts that the parents were not informed about the risks associated with feeding premature infants cow's milk-based products, including the potential development of NEC and the risk of severe medical complications or death. The plaintiffs argued that if they had known about these risks, they would not have allowed M.N. to be fed the defendants’ baby formula products.

The lawsuit seeks compensation for the financial and economic losses, as well as the emotional harm and distress suffered by the plaintiffs due to their child's illness and subsequent death.

After two consecutive months of above-average new case volume, May saw a slight decline in new baby formula cases added to the NEC infant formula MDL. Over the past 30 days, only 18 new baby formula lawsuits were reported, bringing the total number of pending cases to 514.

In April, the NEC preterm infant formula MDL saw the addition of 43 new cases, continuing a trend of elevated new case volume for the second consecutive month. The current count of pending baby formula lawsuits now stands at 496.

To streamline the service of Short Form Complaints (SFC) to counsel of record and ensure more accurate and transparent reporting, the court has enlisted BrownGreer to implement specific protocols outlined in a recent order. BrownGreer, a legal services firm specializing in mass claims administration and settlement administration, will handle the service and maintenance of SFCs for all cases filed in the MDL.
Plaintiffs in mass tort litigation often hire more than one lawyer, leading to duplicate cases filed by different law firms. The MDJ judge has received several motions and stipulations of dismissal due to these duplicate cases. Some requests seek dismissal with prejudice, while others seek dismissal without prejudice.

In a new order issued May 13, 2024, the judge declared that there is no justification for dismissing a plaintiff’s case without prejudice if they are represented by competent counsel in another case. If that counsel becomes unable to represent the plaintiff, substitute counsel can step in, but there will be no grounds to reinstate the previously dismissed case. Henceforth, all such dismissals will be with prejudice, regardless of the request made.

Over the past month, the preterm infant formula NEC class action lawsuit MDL saw an additional 50 new cases filed, marking the highest monthly surge since its inception. This brings the total number of active NEC infant formula cases to 453, a significant rise from 342 cases reported at the beginning of the year.

A significant court ruling in Illinois awarded $60 million in an NEC baby formula lawsuit against Mead Johnson. This is the first NEC failure-to-warn lawsuit to go to trial. It concluded with a jury verdict significantly higher than the $25 million sought by plaintiffs, marking a crucial precedent in NEC infant formula litigation.

The infant formula NEC lawsuits MDL has grown to 405 cases, with 16 new baby formula cases added in the last month.

The NEC baby formula MDL saw an addition of 47 new cases, representing the second largest monthly increase since the beginning of the MDL.The NEC lawsuits continue to grow as more parents join the litigation, with 389 total cases pending.

The NEC preterm baby formula MDL saw a significant increase, with 50 new cases added, one of the highest monthly volumes to date. This surge brings the total number of pending baby formula cases to 339. Earlier in the month, on December 1, the count stood at 290 after an addition of 15 new cases.

U.S. District Judge Rebecca R. Pallmeyer in Illinois has chosen four pivotal “bellwether” cases for trial, aimed at evaluating potential jury responses to the evidence. Two of these cases involve both Abbott Laboratories and Mead Johnson, while the others individually target each company.

Three cases involve wrongful death claims due to necrotizing enterocolitis linked to the formulas, and one involves an infant who survived necrotizing enterocolitis (NEC) but underwent multiple surgeries.

Trials are expected to begin in 2024. The outcomes could significantly influence future NEC settlement strategies in this class action.

A modest increase in baby formula cases occurred with 12 new NEC lawsuits added, reflecting a steady but slower accumulation in the MDL.

Following a recent status conference, the Judge approved a short extension for the plaintiffs to select bellwether cases.

In September, 83 new cases were added to the NEC class action MDL. This raises the total to 263 active cases, significantly up from 97 at the beginning of the year.

Meanwhile, there’s been tension between the plaintiff lawyers and defendants regarding the depositions of treating doctors, crucial for the lawsuits. Defendants, Abbott and Mead, are pushing for the first jury trial to be held in federal court.

After disagreements on the timeline, the court required the parties to present a mutually agreed-upon order detailing an updated discovery timetable and setting a further status conference.

The NEC infant formula lawsuit class action has doubled since the start of the year, with 14 new baby formula cases added last month, bringing the total to 205. At this rate, the case count could reach approximately 300 by year-end and potentially 400 by the first bellwether trials.

A significant wrongful death lawsuit, Rowe v. Abbott, was directly filed into the NEC class action MDL. This case involves a child born prematurely in 2007 who tragically passed away from NEC after being fed Abbott’s cow milk-based formula in the NICU.

The NEC baby formula lawsuit alleges that Abbott failed to provide adequate warnings and guidelines for the use of their products in preterm infants, specifically concerning the risks of necrotizing enterocolitis (NEC).

July 2023

The preterm infant formula lawsuits have steadily risen, with 26 new NEC baby formula lawsuits transferred into the MDL last month. This brings the total to 191 pending cases.

At this rate, by year-end, there could be over 300 NEC cases involving baby formula pending. Legal experts anticipate the first trials may commence in 2024 or 2025.

The Judge’s recent order highlighted the selection process for bellwether cases and noted ongoing discovery disputes. The judge emphasized the importance of bellwether trials for shaping potential settlements.

The pace of new NEC infant formula lawsuits in the MDL has significantly increased, with 38 new cases in the past month. This brings the total number of lawsuits to 165, up from 110 cases just three months ago.

The plaintiffs have accused Abbott and Mead Johnson of aggressive marketing practices that fail to adequately warn about the risks of NEC associated with their cow’s milk-based formulas, particularly in preterm infants.

During the recent status conference, the Judge set a deadline for selecting a pool of potential bellwether cases for trial.

NEC Frequently Asked Questions

Necrotizing enterocolitis (NEC) is a serious gastrointestinal problem that primarily affects premature infants. It is a disease of the intestinal tract in which the tissue lining the intestine becomes inflamed, dies, and can slough off.

Given the lawsuits and ongoing research linking certain formulas to NEC, it is advisable for parents to consult with healthcare providers about safer feeding options for at-risk preterm infants.

The timeline for an NEC lawsuit resolution can vary significantly. Factors include the complexity of the case, the number of parties involved, and ongoing litigation dynamics. Some cases may settle quickly, while others, particularly those part of multidistrict litigation, may take years.

With our assistance, locating a lawyer skilled in handling an NEC baby formula lawsuit is easy. Simply complete our contact form, and upon submission, a member of our team will promptly contact you to link you with a seasoned attorney tailored to your case. Reach out to us today without delay to secure the expert legal support and lawyer you need.

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