NEC lawsuits grow as more families pursue Similac and Enfamil baby formula claims

What is NEC, and who is eligible for a baby formula lawsuit?

If your premature infant was fed cow’s-milk-based formula such as Similac or Enfamil and was later diagnosed with necrotizing enterocolitis (NEC), you may be eligible to file a baby formula lawsuit.

Father making baby formula in milk bottle for a newborn baby feed. — (Photo Credit: Bits And Splits/Shutterstock)

What to know about the NEC baby formula lawsuit

Core Issue: Manufacturers of cow’s-milk-based infant formulas, including Similac and Enfamil, allegedly failed to warn that their products could significantly increase the risk of necrotizing enterocolitis (NEC) in premature infants.
Who it Affects: Families of premature infants who were fed cow’s-milk-based formula and subsequently diagnosed with NEC.
Legal Status: The manufacturers of Similac and Enfamil are currently facing more than 1,700 lawsuits, including 784 pending in the federal multi-district litigation (MDL No. 3026), with others active in state courts.
Harm/Impact: NEC is a serious and potentially fatal intestinal disease that primarily affects premature infants. The condition can require intensive medical care and may place significant financial and emotional strain on families. In severe cases, the condition can result in the loss of a child.
Take Action: See if you qualify by completing the form on this page. It only takes a few minutes, and there is no obligation or cost.

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What is the NEC baby formula lawsuit about?

The NEC baby formula litigation is based on medical studies showing that cow’s-milk-based formulas increase the risk of NEC in premature infants compared to breast milk. Families allege that manufacturers of these formulas, including Similac and Enfamil, failed to warn about these risks.

These claims argue that:

Manufacturers were aware of the elevated NEC risk linked to cow’s-milk-based formula
They failed to adequately warn parents and healthcare providers
The promotion and marketing of these products influenced feeding decisions, exposing premature infants to preventable harm

As a result, families are pursuing legal action seeking compensation and accountability.

Who qualifies for the NEC baby formula lawsuit?

You may qualify for an NEC baby formula lawsuit if the following apply:

Your infant was born premature (less than 37 weeks)
Your infant consumed cow’s-milk-based formula or fortifier from Similac or Enfamil
A hospital or medical provider made an NEC diagnosis
The diagnosis occurred during or shortly after cow’s-milk-based formula feeding

Time limits may apply. Do not wait to check whether you may qualify.

Legally reviewed by: John Garvey
Partner, Stranch, Jennings & Garvey, PLLC

The law firms responsible for the content of this page are: Stranch, Jennings & Garvey, PLLC; 615-254-8801; Nashville, TN; stranchlaw.com and LegaFi Law LLC; Arizona; 208-820-0012; www.legafi.com.

See If You Qualify

Case updates

Status as of April 2026

April 2026: An Illinois jury awarded $53 million in compensatory damages and $17 million in punitive damages to four families affected by NEC injuries linked to cow’s-milk-based baby formula. More than 1,700 NEC baby formula lawsuits remain pending across federal and state court, including 784 claims in the multi-district litigation (MDL).
January 2026: The NEC baby formula MDL (No. 3026) included approximately 769 pending cases, with about 950 total related claims filed involving Enfamil and Similac formulas.
January 2026: Bellwether trials have been scheduled for Jul. 6, Aug. 3, Nov. 2, 2026, and Feb. 1, 2027. The outcomes of these trials may influence potential baby formula settlements. For the time being, the NEC MDL is expected to continue focusing on pretrial proceedings.
October 2025: In Brown v. Abbott Laboratories (the makers of Similac), the court granted summary judgment in favor of Abbott after determining plaintiffs did not present evidence of a feasible alternative product design. This ruling does not impact other NEC claims.
March 2025: A Missouri judge overturned the only defense verdict in the NEC litigation, citing misconduct by defense counsel. A retrial was ordered.
July 2024: A Missouri jury found Abbott Laboratories liable and awarded $495 million in damages. This was the largest verdict in the NEC litigation to date.
March 2024: An Illinois jury awarded $60 million to the mother of a premature infant who died from NEC after consuming Enfamil, marking one of the first major plaintiff verdicts.
April 2022: The Judicial Panel on Multidistrict Litigation consolidated several pending lawsuits into the NEC baby formula MDL (No. 3026).

This page was last reviewed and updated in April 2026 to reflect the latest case developments.

How necrotizing enterocolitis can cause long-term harm

Necrotizing enterocolitis (NEC) is a serious and potentially fatal condition that can cause lasting harm to premature infants and their families. The impact of NEC often extends far beyond the initial diagnosis, affecting a child’s long-term health and placing significant emotional and financial strain on caregivers.

Severe Medical Complications: NEC can damage intestinal tissue and may require emergency surgery, leading to long-term digestive issues, infections or developmental complications.
Long-Term Health Challenges: Infants who survive NEC may face ongoing medical needs, including nutritional difficulties, growth delays and other chronic health concerns.
Emotional and Psychological Impact: Families may experience significant stress, anxiety and trauma while caring for a critically ill infant or coping with long-term health outcomes.
Financial Strain: The cost of intensive medical care, surgeries and ongoing treatment can create substantial financial burdens and often requires extended time away from work.
Loss of Life: In the most severe cases, NEC can result in the death of a child, leaving families to cope with profound and lasting loss.

Families affected by NEC are pursuing legal action to seek compensation for these devastating impacts and to hold manufacturers accountable for alleged failure to warn about the increased risk associated with their products. If your family has been affected, you may have legal options available.

What compensation may be available in an NEC baby formula lawsuit

Families who file NEC baby formula lawsuits may seek compensation for a range of damages, depending on the severity of the injury and the long-term impact on the child and family.

Compensation may include:

Past and future medical expenses
Ongoing care and treatment
Pain and suffering
Wrongful death damages, when applicable

The amount of compensation in an NEC case can vary significantly. Factors that may affect the value of a claim include the extent of the child’s injuries, the cost of medical care, long-term health outcomes, and the jurisdiction where the case is filed.

In general, cases involving more severe injuries, long-term complications, or loss of life may result in higher compensation, while less severe cases may involve lower amounts. However, every case is unique, and past verdicts do not guarantee future results.

Speaking with an experienced Enfamil or Similac NEC lawyer can help families understand their legal options and determine whether they may be eligible to pursue compensation.

File an NEC baby formula lawsuit — Free case review

If your premature infant consumed cow’s-milk-based formula products from Similac (Abbott Laboratories) or Enfamil (Mead Johnson) and was later diagnosed with necrotizing enterocolitis (NEC), your family may be eligible to file a baby formula lawsuit. These claims may involve the following preemie formula products: