By Lori Waite  |  February 6, 2026

Category: Lawsuits to Join

What is NEC, and who is eligible for a baby formula lawsuit in 2026?

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

Was cow’s milk-based baby formula fed to your premature infant prior to a diagnosis of necrotizing enterocolitis (NEC)? Hundreds of parents are taking legal action with multiple successful multi-million-dollar verdicts thus far. To see if you’re eligible for a baby formula lawsuit, use the form on this page.

The NEC baby formula litigation involves claims that manufacturers of cow’s-milk-based infant formulas, including Similac and Enfamil, failed to warn that their products could significantly increase the risk of NEC in premature infants.  

As of January 2026, the NEC baby formula MDL (No. 3026) includes approximately 769 cases currently pending, with about 950 total actions historically reported within the MDL. The number of Similac and Enfamil NEC lawsuits continues to climb, with hundreds of cases active in various state jurisdictions.

If your baby developed NEC after consuming cow’s milk-based formula, you may be eligible to file a baby formula lawsuit in state court or join the ongoing multi-district litigation (MDL).

Do you qualify for an NEC lawsuit?

You may have a legal claim against an infant formula manufacturer if :

  • 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

If your child meets all or most of the criteria above, fill out the form on this page to see if you may qualify.

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.

Average NEC settlement values for affected families

Families pursuing NEC baby formula lawsuits have seen a wide range of outcomes, including a $495 million Similac verdict with Abbott and a $60 million Enfamil verdict with Mead Johnson. While these large NEC settlements demonstrate a potential range in individual outcomes, they do not guarantee what any specific case will receive. Settlement values depend heavily on medical severity, long-term outcomes, and jurisdiction, and past verdicts do not predict future results.

Factors affecting the value of a baby formula settlement:

Legal estimates often group potential NEC baby formula settlement values into broad tiers based on medical severity. Key factors include the extent of injury, total medical expenses and future care needs, pain and suffering, and the jurisdiction in which the case is tried.

  • Less severe cases that include full recovery and minimal long-term impact may result in compensation ranges often estimated in the tens of thousands to low hundreds of thousands of dollars.
  • Moderate to severe injury involving significant surgeries, long hospital stays, or lifelong medical needs commonly show higher estimates, potentially in the mid-six figures or more.
  • Most serious claims, including fatal outcomes or profound long-term disability, have historically produced multi-million-dollar verdicts, particularly in state court cases.

2026 NEC lawsuit status & MDL update

The NEC baby formula MDL litigation continues to build momentum, with key trials, verdicts, and case filings shaping the path forward:

NEC MDL filings reach 950 claims in 2026

As of January 5, 2026, the NEC baby formula MDL (No. 3026) in the U.S. District Court for the Northern District of Illinois includes about 769 pending cases, with roughly 950 total related claims filed alleging NEC injuries linked to Enfamil and Similac formulas.

NEC bellwether trials in 2026

Inman v. Mead Johnson & Company LLC was originally scheduled as a federal MDL bellwether trial for Feb. 2, 2026, in the NEC baby formula litigation (MDL No. 3026). However, pretrial procedural rulings caused it to be reset for July 6, 2026.

Moving forward into 2026, the NEC MDL is expected to remain focused on pretrial rulings, with future bellwether trials scheduled for Aug. 3 and Nov. 2, 2026, and Feb. 1, 2027. Pre-trial resolution of these cases may be impacted by the outcome of cases like Inman.

Brown vs Abbott summary judgment ruling (Oct. 2025)

Although initially scheduled as a bellwether trial for early November 2025, the Court in Brown v. Abbott Laboratories granted summary judgment in Abbott’s favor due to plaintiffs’ failure to provide evidence of a feasible alternative product design. This outcome does not necessarily determine the merits of other NEC cases.

Defense verdicts and overturned rulings in 2025

A Missouri judge overturned the only defense verdict in the NEC litigation in March 2025, citing misconduct by defense counsel. The retrial order erased the manufacturers’ sole win and bolstered plaintiffs’ momentum following earlier verdicts.

Abbott and Reckitt verdicts of 2024

In March 2024, an Illinois jury awarded $60 million to the mother of a premature infant who died from NEC after consuming Enfamil. This was the first major plaintiff verdict in the NEC litigation.

In July 2024, a Missouri jury awarded $495 million against Abbott Laboratories for a Similac-linked NEC claim. This is the largest NEC verdict to date, which underscores the litigation’s momentum even outside the federal MDL.

What is necrotizing enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a serious and potentially fatal intestinal disease that primarily affects premature infants. It can progress rapidly and requires immediate medical intervention.

Common NEC symptoms include:

  • Abdominal swelling or bloating
  • Feeding intolerance
  • Vomiting
  • Bloody stools
  • Lethargy or decreased activity
  • Temperature instability

In severe cases, NEC can lead to infection, organ failure, long-term complications, or death.

How is NEC linked to baby formula?

Medical studies have found that cow’s-milk-based baby formulas carry a higher risk of NEC in premature infants compared to breast milk.

The formulas most frequently named in NEC litigation include:

  • Similac
  • Enfamil

These products are commonly used in NICUs and hospital settings for premature babies.

Who may be eligible for an NEC baby formula lawsuit in 2026?

Legal claims generally involve infants who meet all or most of the following criteria:

  • Born premature (typically before 37 weeks)
  • Fed cow’s-milk-based formula (such as Similac or Enfamil)
  • Diagnosed with necrotizing enterocolitis (NEC) by a hospital or medical provider

Why are families filing NEC lawsuits?

Similac NEC lawsuits and Enfamil NEC lawsuits allege that manufacturers:

  • Were aware of the elevated NEC risk linked to cow’s-milk-based formula
  • Failed to adequately warn parents and healthcare providers
  • Influenced feeding decisions that exposed premature infants to preventable harm

What compensation may be available?

By filing an NEC baby formula lawsuit, families may seek compensation for:

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

Speaking with an NEC lawyer or an attorney experienced in NEC litigation can help families determine whether they meet the eligibility criteria and what legal options may be available to them.

File an NEC lawsuit – Free case review

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

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

See If You Qualify

Join an NEC baby formula lawsuit investigation

Filling out this form is quick and easy. It only takes a few minutes to see if you qualify.

After you fill out the form, an attorney(s) or their agent(s) may contact you to discuss your legal rights.

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