For parents of a premature infant, hearing that your child has survived necrotizing enterocolitis (NEC) is a moment of profound relief. But for many, that relief is quickly followed by a new, lifelong challenge. This guide explains short bowel syndrome after NEC and what it means for your child and your family.
Key Takeaways: The NEC Baby Formula Lawsuit
- ◆ The Scientific Link: Decades of research show that cow’s milk-based baby formulas, such as Similac® and Enfamil®, significantly increase the risk of necrotizing enterocolitis (NEC) in premature infants. NEC is a severe and often fatal intestinal disease that causes inflammation and death of intestinal tissue.
- ◆ The Legal Claim: Hundreds of families are filing lawsuits against manufacturers Abbott Laboratories and Mead Johnson. The core legal argument is “failure to warn” — that the companies knew their products posed a deadly risk to preemies but deliberately chose not to add a warning label for parents and doctors.
- ◆ Your Family’s Rights: If your premature infant was fed a cow’s milk-based formula in the hospital and was later diagnosed with NEC, your family may be eligible to seek significant compensation for medical bills, pain and suffering, and more. Our team is actively investigating these claims to help families get the justice they deserve.
Ready to Fight for Your Compensation?
Your Free, Confidential, No-Obligation Case Evaluation is Waiting!
GET YOUR FREE CASE EVALUATION NOW →Prefer to call? Call (+1) 210-940-9440 Today
Table of Contents
How Does NEC Lead to Short Bowel Syndrome?
Necrotizing enterocolitis is a severe intestinal disease that primarily affects premature infants, causing inflammation that can kill intestinal tissue. In the most severe cases, emergency surgery is required to remove the dead or dying portions of the intestine to stop the infection from spreading.
While this surgery is life-saving, it can lead to a devastating long-term complication: short bowel syndrome (SBS), also known as short gut syndrome.
Short bowel syndrome is a complex condition of malabsorption. It occurs when so much of the small intestine has been surgically removed that the remaining bowel is no longer long enough to absorb the nutrients and fluids the body needs to grow and thrive. Because massive bowel resection for NEC is the most common cause of SBS in infants, the two conditions are tragically linked.
The small intestine is where the vast majority of digestion and nutrient absorption happens. When a significant portion is gone, the body cannot get the calories, vitamins, minerals, and hydration it needs from food alone.
The Lifelong Challenges of Short Bowel Syndrome
A diagnosis of short bowel syndrome after NEC means a future of intensive medical management and potential complications. The severity of the condition depends on how much and which parts of the intestine were removed.
Nutritional and Digestive Complications
The primary challenge of SBS is severe malnutrition and dehydration. The most common symptom is chronic, persistent diarrhea, as the shortened bowel cannot absorb water effectively.
To survive, children with SBS almost always require long-term nutritional support, which can include:
- Parenteral Nutrition (PN): This is a form of intravenous (IV) feeding where a liquid nutrient solution is delivered directly into the bloodstream through a central line catheter. For many children, PN is their primary or sole source of nutrition for months or even years.
- Enteral Nutrition (Tube Feeding): As the gut heals and adapts, a feeding tube (nasogastric or gastrostomy tube) may be used to deliver a specialized, easily digestible formula directly to the stomach or intestine.
While PN is a life-saving therapy, its long-term use is associated with serious and sometimes life-threatening complications, including catheter-related bloodstream infections (sepsis) and parenteral nutrition-associated liver disease (PNALD), which can lead to liver failure.
Long-Term Health Consequences
The impact of SBS extends far beyond the digestive system. The inability to properly absorb nutrients can affect a child’s entire body, leading to a range of serious health issues:
- Growth Failure: Despite intensive nutritional support, many children with SBS struggle to grow and may have a significantly shorter stature than their peers.
- Neurodevelopmental Delays: The combination of prematurity, the initial trauma of NEC, and chronic malnutrition can have a profound impact on brain development. Studies of NEC survivors show a high rate of neurodevelopmental impairment, including cerebral palsy and cognitive delays.
- Bone Disease: Poor absorption of calcium, vitamin D, and other minerals can lead to weakened bones (osteopenia) and an increased risk of fractures.
- Kidney Stones: Changes in fluid and nutrient absorption can lead to the formation of painful kidney stones.
The process of “intestinal adaptation,” where the remaining bowel gradually grows and improves its ability to absorb nutrients, can take years. While some children are eventually able to wean off PN, many face a lifetime of digestive challenges and nutrient deficiencies.
Why Short Bowel Syndrome Is Central to NEC Lawsuits
The immense medical and financial burden of caring for a child with short bowel syndrome after NEC is a central component of the lawsuits filed against the makers of Similac® and Enfamil®.
These lawsuits allege that the manufacturers knew for decades that their cow’s milk-based formulas significantly increased the risk of NEC in premature infants but failed to warn parents and doctors. Families argue that if they had been properly warned, they would have insisted on an exclusive human milk diet, and their child might have been spared from NEC and its devastating consequences.
The compensation sought in these lawsuits is intended to cover the extraordinary costs associated with SBS, including:
- Past and future medical bills for surgeries, hospitalizations, and specialist care.
- The cost of lifelong parenteral or enteral nutrition.
- Therapies for developmental delays.
- Compensation for the child’s pain, suffering, and diminished quality of life.
Ready to Take the First Step Toward Justice?
Speak with our trusted legal team today. Your Free, Confidential, No-Obligation Case Evaluation is waiting — and it only takes a minute to begin.
GET YOUR FREE CASE EVALUATION NOW →Prefer to talk now? Call (+1) 210-940-9440 Today
100% Secure & Confidential
|
No Obligation ConsultationBy submitting this form, you agree to be contacted by a trusted legal partner for a free case review. This does not create an attorney-client relationship. Confidential and secure.
Surviving NEC is the first battle, but living with short bowel syndrome is a lifelong war. If your child’s condition was preventable, taking legal action can provide the critical resources your family needs to navigate the challenging road ahead.
“Justice for your child has a deadline. In NEC lawsuits, delay equals denial. Act now.”
— Visit MassTortTraffic.com or Call (+1) 210-940-9440
EXTERNAL SOURCES
- Cleveland Clinic – Short Bowel Syndrome in Children: https://my.clevelandclinic.org/health/diseases/14725-short-bowel-syndrome-in-children
- Nationwide Children’s Hospital – Short Bowel Syndrome in Children: https://www.nationwidechildrens.org/conditions/health-library/short-bowel-syndrome-in-children
- National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) – Short Bowel Syndrome: https://www.niddk.nih.gov/health-information/digestive-diseases/short-bowel-syndrome
Frequently Asked Questions About the NEC Baby Formula Lawsuit
Section 1: The Basics of NEC and the Lawsuit
The lawsuits allege that manufacturers of cow’s milk-based formulas, specifically Abbott Laboratories (maker of Similac®) and Mead Johnson (maker of Enfamil®), knew for decades that their products significantly increased the risk of necrotizing enterocolitis (NEC) in premature infants but failed to warn parents and doctors.
Necrotizing enterocolitis (NEC) is a serious and often life-threatening intestinal disease that primarily affects premature and low-birth-weight infants. It causes severe inflammation that can destroy intestinal tissue, leading to a hole (perforation) in the gut, which can cause overwhelming infections like sepsis.
The lawsuits primarily name cow’s milk-based products from Similac and Enfamil that are designed for premature infants. These include specialized formulas and “human milk fortifiers” (which are also bovine-based) such as Similac Special Care, Similac NeoSure, Enfamil NeuroPro EnfaCare, and Enfamil Human Milk Fortifier.
A premature baby’s digestive system is underdeveloped and can’t easily digest the proteins in cow’s milk. This is believed to trigger an inflammatory response that damages the fragile intestinal lining, leading to NEC. Human breast milk contains protective antibodies and immune cells that help a preemie’s gut mature and fight infection.
No. As of late 2025, there has not been a recall of these formulas specifically for the risk of NEC. The lawsuits are based on the manufacturers’ “failure to warn” about the known risks, not a specific contamination or manufacturing defect that would typically trigger a recall.
Symptoms can appear suddenly and include a swollen, hard, or discolored (red or blue) abdomen, bloody stools, green or yellow vomit, difficulty feeding, lethargy (sluggishness), and changes in heart rate, breathing, or body temperature.
Section 2: Eligibility and Filing a Claim
You may be eligible to file a lawsuit if your child was born prematurely or with a low birth weight, was fed a cow’s milk-based formula (like Similac or Enfamil), and was subsequently diagnosed with necrotizing enterocolitis.
Not necessarily. Most states have a “discovery rule,” which means the time limit (statute of limitations) may not start until you discovered the link between the formula and your child’s NEC, which for many parents was only recently. It is crucial to speak with a lawyer immediately to understand the deadline in your state.
The deadline, or statute of limitations, varies by state but is typically two to three years. However, the “discovery rule” and special exceptions for injuries to minors can extend this deadline, so you should not assume it’s too late.
Yes. If you tragically lost your child to NEC, your family may be able to file a wrongful death lawsuit. This type of claim seeks compensation for medical and funeral expenses, as well as for your family’s emotional distress and suffering.
This is very common, and you can still have a case. An experienced NEC lawyer can obtain and review your child’s hospital medical and feeding records to identify the exact products that were used.
It is less common, but you may still have a case. While the vast majority of NEC cases affect premature infants, full-term babies with other health issues can also develop NEC. It is best to consult an attorney to evaluate your specific situation.
Section 3: The Legal Process
The first step is to get a free case review from a law firm that specializes in these cases. They will listen to your story, review the basic facts, and determine if you may be eligible to file a claim. There is no cost or obligation for this consultation.
Ready to Fight for Your Compensation?
Your Free, Confidential, No-Obligation Case Evaluation is Waiting!
GET YOUR FREE CASE EVALUATION NOW →Prefer to call? Call (+1) 210-940-9440 Today.
There are no upfront costs. Reputable law firms handle these cases on a contingency-fee basis, which means they only get paid if they successfully recover compensation for you through a settlement or verdict.
No, it is a mass tort, which is handled through a Multidistrict Litigation (MDL). In a mass tort, each family’s case remains individual, and compensation is based on the specific harm your child suffered. This is different from a class action, where all plaintiffs typically receive the same settlement amount.
MDL stands for Multidistrict Litigation. The NEC MDL (MDL 3026) is a process that consolidates all federal lawsuits into a single court in Illinois to streamline pretrial proceedings like evidence gathering. This makes the process more efficient for everyone involved.
Bellwether trials are “test cases” selected from the larger group of lawsuits in the MDL to be tried first. The outcomes of these trials help both sides understand how juries might respond to the evidence and often guide negotiations for a global settlement for the remaining cases.
These cases can take several months to a few years to resolve. The timeline depends on the complexity of the case and the progress of the larger MDL, including the results of the bellwether trials.
Section 4: Compensation and Settlements
As of late 2025, there has not been a global settlement for all the cases in the federal MDL. However, individual state court trials have resulted in massive verdicts for families, including a $60 million verdict against Enfamil’s maker and a $495 million verdict against Similac’s maker.
The value of each case is unique and depends on the severity of the injury. Legal experts estimate that potential payouts could range from $50,000 for cases with a full recovery to over $500,000 or even millions for cases involving wrongful death or severe, lifelong disabilities like short bowel syndrome.
Compensation can cover both economic and non-economic losses. This includes medical expenses (past and future), lost wages for parents, pain and suffering for both the child and family, and in tragic cases, wrongful death damages like funeral costs.
Section 5: Medical Questions
Survivors of severe NEC can face lifelong challenges, including short bowel syndrome, intestinal scarring (strictures), growth failure, and neurodevelopmental delays like cerebral palsy.
Short bowel syndrome (SBS) is a serious condition that can occur after surgery for NEC, where a large portion of the intestine is removed. The remaining bowel is too short to absorb enough nutrients and fluids, often requiring lifelong intravenous nutrition (PN).
Doctors diagnose NEC based on symptoms like a swollen belly and bloody stools, combined with an abdominal X-ray. The X-ray may show a bubbly appearance in the intestinal wall (pneumatosis intestinalis) or air that has leaked into the abdomen, which are key signs of the disease.
Colic is a pattern of intense crying in an otherwise healthy baby, while reflux is simple spitting up. NEC is a medical emergency with severe, systemic symptoms like a hard, discolored belly, bloody stools, and green vomit. A baby with NEC is visibly and seriously ill, which is very different from a “happy spitter” or a colicky but healthy infant.
Section 6: Legal Strategy and Evidence
The most important evidence is your child’s medical records. These records should show that your baby was born prematurely, was fed a cow’s milk-based formula, and was diagnosed with NEC. Your lawyer will help you gather all necessary documentation.
Under HIPAA, you have a legal right to your child’s medical records. You can request them by contacting the hospital’s Medical Records or Health Information Management (HIM) department and filling out an “Authorization to Release Health Information” form. Your lawyer can also handle this entire process for you.
The primary defense strategy for Abbott and Mead Johnson is to deny that their formulas cause NEC. They argue that NEC is a multifactorial disease of prematurity and that there is no “conclusive” scientific proof of causation.
Bellwether trials are “test cases” selected from the larger group of lawsuits in the MDL to be tried first. The outcomes of these trials help both sides understand how juries might respond to the evidence and often guide negotiations for a global settlement for the remaining cases.
No. Because the NEC lawsuits are a national mass tort, with many cases consolidated in a federal MDL, you can hire the best and most experienced law firm in the country, regardless of where you live. They can file a claim for you in the appropriate court.
