Baby Formula NEC
NEC Wrongful Death Lawsuit: Seeking Justice After Losing a Child to NEC
There is no pain greater than the loss of a child. When that loss could have been prevented, the grief is compounded by anger and a need for answers. This guide is for families considering a NEC wrongful death lawsuit after their infant passed away from necrotizing enterocolitis.
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
The Devastating Reality of Necrotizing Enterocolitis (NEC)
Necrotizing enterocolitis (NEC) is a sudden and aggressive intestinal disease that is a leading cause of death in neonatal intensive care units (NICUs). It primarily affects premature infants, whose underdeveloped digestive systems are incredibly vulnerable.
The disease causes severe inflammation that can kill intestinal tissue. As the tissue dies, the intestinal wall can develop a hole (a perforation), allowing bacteria to leak into the abdomen and bloodstream. This can quickly lead to a catastrophic, body-wide infection (sepsis) and, tragically, death.
NEC is a medical emergency with a heartbreakingly high mortality rate. For all infants who develop NEC, the death rate is between 20% and 40%. For the most vulnerable babies who require surgery, that rate can climb as high as 50%.
The Link to Baby Formula: Why Lawsuits Are Being Filed
For decades, scientific research has shown a clear and consistent link between cow’s milk-based baby formulas and an increased risk of NEC. Studies have found that premature infants fed formula are up to 10 times more likely to develop NEC than those fed an exclusive human milk diet.
The lawsuits against Abbott Laboratories (maker of Similac®) and Mead Johnson (maker of Enfamil®) allege that these companies knew about this deadly risk for years. The central legal claim is “failure to warn”—that these manufacturers chose not to put a warning on their products, depriving parents and doctors of the ability to make an informed choice about their baby’s nutrition.
By marketing these products as safe and even medically necessary for preemies, they allegedly put profits before the safety of the most fragile infants.
DID YOU KNOW?
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim filed by the family of a person whose death was caused by the negligence or wrongful act of another party. In the context of the NEC litigation, it is a type of product liability lawsuit.
To win a NEC wrongful death lawsuit, your legal team must prove four key elements:
- Duty of Care: The formula manufacturer had a legal duty to sell a product that was reasonably safe and to warn of any known, non-obvious dangers.
- Breach of Duty: The manufacturer breached this duty by marketing a product they knew increased the risk of a fatal disease in preemies without providing an adequate warning.
- Causation: There must be a direct link showing that the infant was fed the cow’s milk-based formula and that this feeding led to the development of NEC, which ultimately caused the child’s death.
- Damages: The family has suffered measurable losses as a result of their child’s death.
Who Is Eligible to File a Claim?
Typically, the parents or legal guardians of the deceased infant can file a wrongful death claim. If your child was born prematurely, was fed a cow’s milk-based formula like Similac or Enfamil, and tragically passed away from NEC, you may be eligible to seek justice.
It is critical to act quickly. Every state has a strict time limit, called a statute of limitations, for filing a wrongful death claim, often just two years from the date of death.
“Time limits for NEC claims are strict. In these lawsuits, delay equals denial.”
— Visit MassTortTraffic.com or Call (+1) 210-940-9440
Compensation in a NEC Wrongful Death Lawsuit
While no amount of money can ever replace a child, a successful lawsuit can provide a sense of justice and alleviate the financial burdens that accompany such a tragedy. It also holds corporations accountable for their actions.
Families can seek compensation for several types of damages:
- Economic Damages: These cover the tangible financial losses, including all medical bills from the NICU stay and any treatments your child received before passing, as well as funeral and burial expenses.
- Non-Economic Damages: This is compensation for the immense, intangible losses that are so difficult to quantify. This includes the family’s mental anguish, grief, and the profound loss of their child’s love, companionship, and society. It can also include compensation for the pain and suffering the infant endured before their death.
- Punitive Damages: In cases of extreme negligence, juries may award punitive damages. These are not meant to compensate the family but to punish the manufacturer for their reckless disregard for safety and to deter other companies from similar conduct. Juries in recent NEC trials have awarded hundreds of millions of dollars in punitive damages against formula manufacturers.
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
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Losing a child is an unimaginable tragedy. When that loss may have been caused by a company’s failure to be honest about its product’s risks, seeking legal counsel is a powerful step toward finding answers and achieving justice for your baby.
EXTERNAL SOURCES
- National Institutes of Health (NIH) – Necrotizing Enterocolitis (NEC): https://www.nichd.nih.gov/health/topics/nec
- Justia – Wrongful Death Overview: https://www.justia.com/wrongful-death/
- Cornell Law School Legal Information Institute – Wrongful Death: https://www.law.cornell.edu/wex/wrongful_death
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.
Baby Formula NEC
Do I Qualify for NEC Baby Formula Lawsuit? A 3-Point Checklist

If your premature baby suffered from necrotizing enterocolitis (NEC) after being fed formula in the hospital, you are likely overwhelmed with questions and grief. This guide is designed to help you understand if you qualify for NEC lawsuit and how to take the first step toward justice.
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
The Basis of the Lawsuits: Why Are Parents Suing?
Necrotizing enterocolitis is a devastating intestinal disease that can rapidly destroy a premature infant’s bowel tissue, leading to life-threatening infections and, in the worst cases, death. The lawsuits against Abbott Laboratories (maker of Similac®) and Mead Johnson (maker of Enfamil®) are based on a powerful legal argument: “failure to warn”.
For decades, scientific evidence has shown that cow’s milk-based formulas significantly increase the risk of NEC in premature infants. A landmark 1990 study published in The Lancet found that formula-fed preemies were 6 to 10 times more likely to develop NEC than those fed exclusively human milk.
Lawsuits allege that despite knowing this risk, the manufacturers never added a warning to their products for parents or doctors. This failure, families argue, robbed them of the ability to make a fully informed choice about their child’s nutrition at a critical time.
DID YOU KNOW?
The 3-Point Checklist to See if You Qualify
While every case is unique, most successful NEC claims share three core elements. Use this checklist to see if your family’s experience aligns with the criteria needed to qualify for the NEC lawsuit.
1. Was Your Baby Born Prematurely?
The NEC lawsuits are focused almost exclusively on premature infants, typically defined as babies born before 37 weeks of gestation.
A premature baby’s digestive and immune systems are underdeveloped, making them extremely vulnerable to the inflammation that cow’s milk proteins can cause. The risk is especially high for very low birth weight (VLBW) infants (less than 5.5 pounds). If your child was born prematurely, you meet the first critical requirement.
2. Was Your Baby Fed a Cow’s Milk-Based Formula?
The second key element is confirming your baby was given a qualifying cow’s milk-based formula or fortifier, most often in the Neonatal Intensive Care Unit (NICU). The lawsuits target specific products from Similac and Enfamil designed for premature infants.
Commonly named products include:
- Similac Special Care
- Similac Human Milk Fortifier
- Similac NeoSure
- Enfamil Human Milk Fortifier
- Enfamil NeuroPro EnfaCare
- Enfacare Powder
Many parents are not sure which products their baby received in the hospital. This is very common, and it does not disqualify you. An experienced NEC lawyer can help you obtain and review your child’s medical and feeding records to identify the exact products used.
3. Was Your Baby Diagnosed with NEC or a Related Condition?
The final point is the diagnosis. To qualify for the NEC lawsuit, your child must have been formally diagnosed with necrotizing enterocolitis by a medical professional.
This diagnosis is often confirmed with abdominal X-rays showing signs of intestinal inflammation or damage. In addition to the initial NEC diagnosis, families may also qualify if their child:
- Required surgery to remove damaged intestinal tissue.
- Developed long-term complications like short bowel syndrome.
- Tragically passed away as a result of NEC (a wrongful death claim).
Important Considerations for Your Potential Claim
If you answered “yes” to the three points above, you may have a strong case. It is important to know that there are strict time limits (called statutes of limitations) for filing a lawsuit, which vary by state. It is crucial to speak with a lawyer as soon as possible, even if your child’s NEC diagnosis was years ago.
A successful lawsuit can provide compensation for medical bills, the cost of lifelong care, lost income, and your family’s immense pain and suffering.
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.
Taking the step to explore your legal options is not just about financial compensation; it’s about holding manufacturers accountable and seeking justice for your child. A free case evaluation can provide the answers and clarity your family deserves.
“Don’t lose your right to compensation. In NEC lawsuits, delay is denial. Act today.”
— Visit MassTortTraffic.com or Call (+1) 210-940-9440
EXTERNAL SOURCES
- National Institute of Child Health and Human Development (NIH) – Necrotizing Enterocolitis (NEC): https://www.nichd.nih.gov/health/topics/nec
- American Academy of Pediatrics – Necrotizing Enterocolitis (NEC) Overview: https://www.aap.org/en/patient-care/necrotizing-enterocolitis-nec/
- Justia – Failure to Warn Legal Overview: https://www.justia.com/products-liability/types-of-products-liability-claims/failure-to-warn/
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.
Baby Formula NEC
The Difference Between NEC symptoms vs Colic and Other Infant Digestive Issues
Every parent knows the anxiety that comes with an inconsolable baby. When your infant is in distress, it’s natural to worry. This guide is designed to help you understand the critical differences between NEC symptoms vs colic, reflux, and other common digestive issues.
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
What is Necrotizing Enterocolitis (NEC)?
Necrotizing enterocolitis (NEC) is not a common upset stomach; it is a medical emergency and the most serious gastrointestinal disease affecting newborns. It primarily occurs in premature infants, whose underdeveloped intestines are extremely vulnerable.
NEC causes severe inflammation that can destroy the intestinal tissue. This damage can lead to a hole (perforation) in the intestinal wall, allowing dangerous bacteria to leak into the abdomen and bloodstream. This can quickly cause a life-threatening, body-wide infection called sepsis.
Because NEC can develop suddenly and progress rapidly, recognizing the specific warning signs is critical.
Common Infant Digestive Issues That Are NOT NEC
Many fussy periods and tummy troubles are a normal part of infancy. Here’s how to spot the more common, less severe conditions.
Understanding Colic
Colic is defined by a pattern of intense, prolonged crying in an otherwise healthy, thriving baby. While distressing for parents, colic is not a sign of a dangerous illness.
Key signs of colic include:
- Crying that lasts for more than 3 hours a day, at least 3 days a week.
- Episodes that often happen at the same time, usually in the late afternoon or evening.
- During crying spells, the baby may clench their fists, turn red, and pull their knees toward their belly.
- Between episodes, the baby is happy, alert, feeds well, and is gaining weight normally.
The crucial difference is that a colicky baby is a healthy baby who has periods of intense, unexplained crying. An infant with NEC is visibly and systemically ill.
Spotting Gastroesophageal Reflux (GER)
Gastroesophageal reflux (GER), or spitting up, is extremely common in infants. It happens because the muscle at the top of the stomach is still immature, allowing milk to flow back up.
Most babies with GER are known as “happy spitters.” They may:
- Spit up a mouthful or two of milk during or after a feeding.
- Have wet burps.
- Seem completely unbothered by the spitting up.
While a more severe form called GERD can cause pain, poor weight gain, and coughing, the spit-up is typically just milk or formula. It is not the green or yellow (bile-colored) vomit that is a red flag for NEC.
DID YOU KNOW?
Recognizing Cow’s Milk Protein Intolerance (CMPI)
A cow’s milk protein intolerance or allergy is an immune reaction to the proteins in most standard baby formulas. This can cause significant discomfort and digestive upset.
Symptoms of CMPI often include:
- Vomiting or diarrhea.
- Excessive gas and fussiness, especially after feedings.
- Mucus or streaks of blood in the stool.
- Skin issues like eczema or hives.
While blood in the stool can be a symptom of both CMPI and NEC, an infant with CMPI does not typically have the other severe signs of illness seen in NEC, such as a swollen, tender, and discolored abdomen or lethargy.
Key Differences: When to Seek Immediate Medical Help
Trust your parental instincts. While this guide can help clarify the differences between NEC symptoms vs colic and other issues, you should never hesitate to seek medical care if you are worried.
Call 911 or go to the nearest emergency room if your baby shows any of these warning signs of NEC:
- A Swollen, Hard, or Tender Abdomen: The baby’s belly may look bloated and feel firm, and they may cry out in pain when it’s touched.
- Discoloration of the Abdomen: The belly may appear red, blue, or gray.
- Bloody Stools: This is more than just a streak and can look dark or tarry.
- Green or Yellow Vomit: Vomit containing bile is a sign of an intestinal blockage and is a medical emergency.
- Lethargy: The baby may be unusually sleepy, sluggish, or difficult to wake.
- Apnea or Bradycardia: The baby may have pauses in breathing or a dangerously slow heart rate.
- Temperature Instability: An inability to maintain a normal body temperature.
The Link to Baby Formula and Legal Action
The discussion of NEC symptoms vs colic is especially important for parents of premature infants who were fed cow’s milk-based formula in the NICU. Hundreds of lawsuits have been filed against the makers of Similac® and Enfamil®, alleging these products significantly increase the risk of NEC.
The core of these lawsuits is “failure to warn.” Families claim the manufacturers knew about this deadly risk for decades but failed to put a warning on their products for parents and doctors. This failure deprived families of the ability to make an informed choice to use a safer alternative, like an exclusive human milk diet. If your premature child was fed one of these formulas and then diagnosed with NEC, your family may have a right to seek justice and compensation.
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
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While many infant digestive troubles are temporary, NEC is a life-altering emergency. Knowing the warning signs is the first step. If your family has been impacted, understanding your legal rights is the next.
“Hold formula makers accountable for the harm caused. Delay equals denial.”
— Visit MassTortTraffic.com or Call (+1) 210-940-9440
EXTERNAL SOURCES
- National Institute of Child Health and Human Development (NIH) – Necrotizing Enterocolitis (NEC): https://www.nichd.nih.gov/health/topics/nec
- Mayo Clinic – Colic: https://www.mayoclinic.org/diseases-conditions/colic/symptoms-causes/syc-20371074
- American Academy of Pediatrics – Reflux & GERD in Infants:(https://www.healthychildren.org/English/health-issues/conditions/abdominal/Pages/GERD-Reflux.aspx)
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.
Baby Formula NEC
Understanding Short Bowel Syndrome After an NEC Diagnosis

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.
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