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The Difference Between NEC symptoms vs Colic and Other Infant Digestive Issues

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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

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 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

Secure Form 100% Secure & Confidential | No Obligation No Obligation Consultation

By 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.

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

  1. National Institute of Child Health and Human Development (NIH) – Necrotizing Enterocolitis (NEC): https://www.nichd.nih.gov/health/topics/nec
  2. Mayo Clinic – Colic: https://www.mayoclinic.org/diseases-conditions/colic/symptoms-causes/syc-20371074
  3. 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.

Jennifer McDonald is a seasoned content writer in the mass tort industry, specializing in creating engaging and informative articles. With over two years of experience, she excels in simplifying complex legal concepts and making them accessible to readers. Jennifer's writing style is casual and conversational, making her work relatable and easy to understand.

Baby Formula NEC

Understanding Short Bowel Syndrome After an NEC Diagnosis

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Short Bowel Syndrome After NEC

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

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

Secure Form 100% Secure & Confidential | No Obligation No Obligation Consultation

By 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

  1. Cleveland Clinic – Short Bowel Syndrome in Children: https://my.clevelandclinic.org/health/diseases/14725-short-bowel-syndrome-in-children
  2. Nationwide Children’s Hospital – Short Bowel Syndrome in Children: https://www.nationwidechildrens.org/conditions/health-library/short-bowel-syndrome-in-children
  3. 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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Baby Formula NEC

Which Baby Formula Products Are Named in the NEC Lawsuits?

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baby formulas in NEC lawsuit

If your premature infant developed necrotizing enterocolitis (NEC) after being fed in the NICU, you may be wondering about the specific products involved in the ongoing litigation. This guide identifies the main baby formulas in NEC lawsuit and explains why they are being targeted.

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 Problem with Cow’s Milk-Based Formula for Preemies

Necrotizing enterocolitis is a dangerous inflammatory condition that can destroy an infant’s intestinal tissue, leading to life-threatening infections and lifelong complications. While the exact cause is multifactorial, one of the most well-documented risk factors for premature infants is being fed formula made from cow’s milk.  

For over 30 years, scientific studies have shown that premature babies fed cow’s milk-based formula are significantly more likely to develop NEC than those fed an exclusive diet of human breast milk. Human milk contains protective antibodies and immune cells that a preemie’s underdeveloped gut needs to mature and fight infection.  

The lawsuits allege that the manufacturers of the leading formula brands, Abbott Laboratories and Mead Johnson, knew about this risk for decades but failed to warn parents and doctors. Instead, they marketed their products as safe and even medically necessary for premature infants.

Similac Products Named in NEC Lawsuits

Similac, manufactured by Abbott Laboratories, is one of the two primary brands at the center of the NEC litigation. The lawsuits specifically target their cow’s milk-based products that are frequently used in NICUs for premature and low-birth-weight infants.

Similac products commonly cited in lawsuits include:

  • Similac Special Care (20, 24, 30)
  • Similac Special Care High Protein
  • Similac Human Milk Fortifier
  • Similac NeoSure
  • Similac Alimentum
  • Similac EleCare

These products are designed to provide extra calories and nutrients to help premature babies grow. However, the lawsuits argue that their bovine-based protein is inflammatory to a preemie’s fragile gut, triggering the dangerous response that leads to NEC.  

Your child’s future shouldn’t be defined by a preventable tragedy. Taking the first step toward legal action is about securing the resources they need and ensuring no other family suffers the same fate.

A Note on “Human Milk Fortifiers”

It is critical to understand that many products labeled as “Human Milk Fortifiers” are also made from cow’s milk. These powders are added to human breast milk to increase its caloric content. Lawsuits allege that adding these bovine-based fortifiers negates the protective benefits of breast milk and introduces the same risk of NEC as formula.  

Enfamil Products Named in NEC Lawsuits

Enfamil, manufactured by Mead Johnson & Company, is the other major brand facing hundreds of lawsuits over the risk of NEC. Like Similac, the claims focus on their cow’s milk-based formulas and fortifiers marketed for premature infants.

Enfamil products commonly cited in lawsuits include:

  • Enfamil Human Milk Fortifier (Acidified Liquid, Powder, and Standard Protein)
  • Enfamil NeuroPro EnfaCare
  • Enfamil Premature (20, 24, 30)
  • Enfacare Powder
  • Enfamil 24 Cal

These products were aggressively marketed to hospitals and NICUs as a safe way to meet the unique nutritional needs of premature babies. The lawsuits contend that this marketing was misleading because it failed to disclose the known link to a devastating intestinal disease.  

Are Other Baby Formula Brands Involved?

While the vast majority of lawsuits focus on Similac and Enfamil due to their market dominance, the core issue is the use of any cow’s milk-based formula in premature infants. Other brands that use cow’s milk, including store brands and organic varieties, may pose a similar risk.  

The litigation has centered on Abbott and Mead Johnson because their products are the most widely used in hospital NICUs across the country, where most cases of NEC occur.

What to Do If Your Child Was Fed a Formula Named in the Lawsuits

If your child was born prematurely, fed a cow’s milk-based formula or fortifier, and was subsequently diagnosed with NEC, you may be eligible to file a lawsuit. It is important to act quickly, as strict time limits (statutes of limitations) apply.  

Many parents are unsure of the exact products their baby received in the NICU. An experienced NEC baby formula lawyer can help you obtain and review your child’s medical records to identify the specific formulas and fortifiers that were used. This is a critical first step in determining if you have a valid claim for 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.

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Holding manufacturers accountable can provide the financial resources your family needs for your child’s long-term care and can help prevent other families from experiencing the same tragedy. Contact a legal professional to understand your rights and options.

“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

  1. National Institute of Child Health and Human Development (NIH) – Necrotizing Enterocolitis (NEC): https://www.nichd.nih.gov/health/topics/nec
  2. American Academy of Pediatrics – Necrotizing Enterocolitis (NEC) Overview: https://www.aap.org/en/patient-care/necrotizing-enterocolitis-nec/
  3. U.S. Surgeon General – The Surgeon General’s Call to Action to Support Breastfeeding (mentions NEC risk):(https://www.ncbi.nlm.nih.gov/books/NBK513357/)

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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Baby Formula NEC

A Parent’s Guide to the NEC Baby Formula Lawsuit

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NEC baby formula lawsuit guide

Learning your premature infant has necrotizing enterocolitis (NEC) is terrifying. Discovering it may have been linked to their formula is devastating. This NEC baby formula lawsuit guide is for parents like you, providing clear steps on how to seek 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.

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The Basis of the Lawsuit: What is NEC and How is Formula Linked?

Necrotizing enterocolitis is a severe intestinal disease that primarily affects premature infants. The condition causes inflammation that can destroy intestinal tissue, potentially leading to a life-threatening hole (perforation) in the gut. This allows bacteria to leak into the abdomen or bloodstream, causing sepsis and other deadly infections.  

For over 30 years, scientific research has shown a strong link between cow’s milk-based formulas and an increased risk of NEC. Studies show that premature infants fed an exclusive human milk diet have a significantly lower risk of developing the disease. The American Academy of Pediatrics and the U.S. Surgeon General have both highlighted the dangers of formula for preemies.  

The lawsuits against Abbott Laboratories (maker of Similac®) and Mead Johnson (maker of Enfamil®) allege that these companies knew about this risk for decades but failed to warn parents and doctors. This “failure to warn” is the central claim in the litigation.  

Do You Qualify to File a NEC Lawsuit?

You may be eligible to file a claim and seek compensation if your child’s experience meets these core criteria:

  • Born Prematurely: Your baby was born before 37 weeks of gestation.  
  • Fed Cow’s Milk-Based Formula: Your baby was given a qualifying Similac or Enfamil product, often in the NICU. This includes both formulas and human milk fortifiers made from cow’s milk.
  • Diagnosed with NEC: Your child developed necrotizing enterocolitis, which may have resulted in surgery, long-term health complications, or, tragically, death.

Even if your child’s NEC diagnosis happened years ago, you may still be able to file a claim. It is crucial to speak with an attorney to understand the specific time limits (statute of limitations) in your state.

Products Named in the Lawsuits

Many different cow’s milk-based products are cited in the lawsuits. Some of the most common include:

  • Similac Special Care
  • Similac Human Milk Fortifier
  • Similac NeoSure
  • Enfamil Human Milk Fortifier
  • Enfamil NeuroPro EnfaCare
  • Enfacare Powder

A diagnosis of necrotizing enterocolitis turns a NICU stay into a nightmare. When that nightmare could have been prevented, grief must turn into a fight for accountability.

Navigating the legal system can feel intimidating, especially while caring for a sick child. Here is a simplified overview of what to expect from the NEC baby formula lawsuit guide.

Step 1: Get a Free Case Evaluation The first step is to speak with a product liability lawyer who specializes in these cases. Most firms offer free, no-obligation consultations. They will listen to your story, review your child’s medical records, and determine if you have a valid claim.  

Step 2: Filing the Lawsuit If you decide to move forward, your legal team will handle all the paperwork to file the lawsuit on your behalf. You will not have to pay any upfront fees, as these lawyers typically work on a contingency basis—meaning they only get paid if they win your case.

Step 3: The MDL and the Discovery Process To manage the hundreds of similar cases efficiently, all federal NEC lawsuits have been consolidated into a Multidistrict Litigation (MDL) in the Northern District of Illinois. This allows lawyers for all the families to work together to gather evidence, such as the formula companies’ internal documents and marketing materials.  

Step 4: Bellwether Trials and Settlement Negotiations A few cases, known as “bellwether trials,” will be selected to go to trial first. The outcomes of these trials help both sides determine the value of the remaining cases and can lead to a global settlement. Juries have already awarded massive verdicts to families, including a $60 million verdict in Illinois and a $495 million verdict in Missouri, signaling that manufacturers are being held accountable.  

What Kind of Compensation Can You Seek?

A lawsuit aims to secure financial compensation for the immense physical, emotional, and financial burdens your family has faced. Damages can cover:

  • Past and future medical expenses (NICU stays, surgeries, specialist visits)  
  • The cost of lifelong care for complications like short bowel syndrome or neurodevelopmental delays
  • Lost income for parents who had to leave work to care for their child  
  • The child’s pain and suffering  
  • In the most tragic cases, wrongful death damages  

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

Secure Form 100% Secure & Confidential | No Obligation No Obligation Consultation

By 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.

This guide is a starting point. Taking legal action can provide the resources your child needs for a secure future and send a powerful message that the safety of vulnerable infants must always come before corporate profits.

“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

  1. National Institute of Child Health and Human Development (NIH) – Necrotizing Enterocolitis (NEC): https://www.nichd.nih.gov/health/topics/nec
  2. American Academy of Pediatrics – Necrotizing Enterocolitis (NEC) Overview: https://www.aap.org/en/patient-care/necrotizing-enterocolitis-nec/
  3. 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.

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