Toxic Baby Formula NEC Lawsuit [September 2026 Update] | Similac and Enfamil NEC Baby Formula Lawsuits

The NEC baby formula MDL added 22 cases between August and September, increasing from 825 to 847.

The continued growth comes as the litigation recently concluded the first bellwether trial. 

The federal docket continues to expand alongside major state-court NEC litigation, including ongoing appeals involving large verdicts against formula manufacturers.

A federal jury sided with Mead Johnson in the first bellwether trial to reach a verdict in the NEC baby formula MDL, finding the company can’t be held liable for the death of a premature infant. 

The plaintiff alleged her son died from necrotizing enterocolitis after being fed Enfamil formula in a North Carolina NICU. 

Jurors apparently agreed the infant’s extreme prematurity, not the formula, drove the outcome and that doctors fed him formula because they believed he wasn’t otherwise getting enough nutrition to survive.

The case was one of four bellwethers selected in the federal MDL, three against Abbott and one against Mead Johnson. 

The judge had already granted summary judgment to Abbott in its three cases, finding alternative feeding warnings likely wouldn’t have changed outcomes given the limited availability of donor milk. 

This Mead Johnson case was the only one of the four to actually reach a jury, after the judge found the company could be liable if it knew it could have reformulated its product since 2015 but chose not to. 

With this verdict, Mead Johnson now faces no outstanding jury losses in the litigation, following a separate appellate reversal earlier this year of a $60 million verdict against the company in Illinois state court.

Mead Johnson said the verdict affirms that “the science doesn’t support the claims here or in the litigation more broadly.” 

The outcome’s effect on the thousands of remaining cases against Mead Johnson and Abbott in state and federal courts remains unclear. 

It comes just weeks after Abbott separately agreed to pay $670 million to settle roughly 2,000 NEC cases.

Mead Johnson’s head of nutrition testified Thursday in the ongoing NEC bellwether trial, saying she had no reason to doubt the formula’s safety despite acknowledging it carries a higher NEC risk than breast milk. 

She denied any suggestion that Mead Johnson withheld information about that risk from the medical community, calling the claim entirely untrue. 

She said the company has never discouraged her from continuing to research and promote breast milk’s protective qualities, even in her current role.

On cross-examination, she acknowledged nothing legally prevents Mead Johnson from adding a warning label, and that doing so wouldn’t be difficult. 

But she maintained such a warning wouldn’t change feeding decisions, arguing NICU clinicians already understand the risks without needing a label to tell them. 

She agreed formula carries increased NEC risk compared to human milk generally, but insisted the people making feeding decisions are aware of that tradeoff. 

She also testified that donor milk eventually “outgrows its utility” when a baby isn’t gaining sufficient weight, at which point formula becomes medically necessary despite its risks.

The trial marks the first of four selected bellwether cases against Mead Johnson and Abbott to actually reach a jury, after a federal judge ruled in three companion cases against Abbott before trial. More than 800 similar cases remain pending nationwide.

The Missouri Court of Appeals affirmed an order for a new trial in a lawsuit alleging Similac and Enfamil formula caused a premature infant’s necrotizing enterocolitis.

The original trial concluded with a defense verdict in October 2024, siding with Abbott and Mead Johnson.

The trial judge later found evidence of attorney misconduct during those proceedings and ordered the verdict thrown out, granting the plaintiff a new trial.

Abbott and Mead Johnson appealed that decision, arguing the original verdict should stand.

The Missouri Court of Appeals disagreed, upholding the trial judge’s ruling and clearing the way for the case to be retried.

This case is entirely separate from the ongoing federal MDL trial.

The NEC MDL bellwether trial is currently underway in Illinois, though both of these cases fall under the broader NEC litigation against the two formula makers.

The judge overseeing the federal NEC baby formula MDL said it was “disappointing” that most testimony in the ongoing bellwether trial is coming from prerecorded depositions.

She said jurors will wonder why witnesses aren’t required to appear in person and warned she won’t hold another bellwether trial in her district unless most witnesses testify live.

She acknowledged many witnesses fall outside her subpoena power, calling it an artifact of the MDL process.

The plaintiff’s attorney told jurors the medical team was based in North Carolina, while corporate witnesses were scattered nationwide.

He said flying out to depose them was the only practical option available.

He also told jurors internal documents show Mead Johnson knew for over 20 years its formula could cause NEC in premature infants.

He alleged the company pursued a “downstream” marketing strategy targeting NICU babies instead of adding a clear warning label.

A former Mead Johnson marketing executive testified in person Tuesday, saying he was never told to lie to healthcare providers or instruct treatment decisions.

He acknowledged reviewing studies showing a correlation between formula and increased NEC risk, though he said interpreting that data wasn’t his expertise.

He agreed a warning label would likely have hurt the company’s hospital-to-home marketing strategy.

He had previously tried and failed to quash the subpoena requiring his testimony.

Opening statements began Monday in the first trial to reach a jury in the federal NEC baby formula MDL.

The plaintiff’s attorney told jurors Mead Johnson knew for 25 years its formula could cause NEC in premature infants.

He said the company avoided a clear warning and instead pursued an aggressive “downstream” marketing strategy targeting NICU babies.

He described a sales approach nicknamed “feed ’em, bag ’em, and club ’em,” aimed at building brand loyalty from hospital to home.

He alleged the company priced formula as low as one cent a bottle to undercut safer donor milk options.

He also said a hospital dietician involved in the infant’s care had financial ties to Mead Johnson.

Mead Johnson’s attorney countered that the infant was critically ill from birth.

The defense argued no label warning would have changed his care given his severe growth restriction and other medical complications.

She said his death resulted from his extreme prematurity, not the formula itself.

The trial is expected to last two weeks.

Opening statements are set for August 17 in the first bellwether trial to go to a jury in the federal preterm infant formula MDL. 

Plaintiff Alexis Inman alleges that Mead Johnson failed to warn that Enfamil Premature could increase the risk of necrotizing enterocolitis (NEC) in premature infants. 

Her son, Daniel, died from NEC-related shock in 2020 after receiving Enfamil.

U.S. District Judge Rebecca Pallmeyer rejected Mead Johnson’s latest attempt to dismiss the case based on federal preemption.

The judge found that a recent U.S. Supreme Court ruling involving pesticide labeling does not preempt Inman’s claims under the Infant Formula Act. 

Judge Pallmeyer also agreed to separate the liability and punitive damages phases of the trial, meaning jurors will first decide whether Mead Johnson is liable before hearing evidence specifically related to punitive damages.

The trial is the first of the MDL’s four selected bellwether cases to reach this stage, after Judge Pallmeyer granted summary judgment to Abbott Laboratories in the other three. 

The verdict could provide an important early indication of how federal juries evaluate the evidence and claims against Mead Johnson in the NEC litigation.

A Missouri appeals court affirmed a new trial order in a suit against Abbott Laboratories and Mead Johnson.

The suit alleges the companies’ preterm infant formula caused a baby to develop necrotizing enterocolitis.

A St. Louis jury had originally sided with the defendants in October 2024.

The trial judge later ruled that the verdict went against the weight of the evidence and ordered a retrial.

On appeal, the companies argued the family failed to prove causation. The appellate panel disagreed, saying the companies cherry-picked favorable expert testimony.

The court said it’s common for experts to disagree on causation. It also said Missouri courts can’t simply reweigh evidence favoring the original verdict.

The companies also argued the family improperly attacked the entire premature formula industry at trial.

The panel rejected that too, finding the comments were about the two defendant companies specifically, not the whole industry.

Our founder, Tor Hoerman, is among the attorneys representing the family in this case.

A federal judge cleared the way for the first Enfamil NEC bellwether trial to begin jury selection this week, rejecting Mead Johnson’s last-minute bid to dismiss the case. 

The company argued the case was preempted under the Supreme Court’s recent Monsanto v. Durnell ruling, but the judge found that ruling doesn’t apply to infant formula design claims. 

The case involves a plaintiff whose premature son died from NEC after being fed Enfamil Premature Formula. 

More than 800 Enfamil and Similac NEC cases are pending nationwide. 

Prior state court verdicts have ranged from $60 million to nearly $500 million.

The U.S. Court of Appeals for the Seventh Circuit rejected formula makers’ bid to keep certain NEC lawsuits in federal court. 

The ruling sends those cases back to state court instead. 

Formula makers had argued the cases belonged in federal court under a jurisdictional theory. 

The appellate panel disagreed and rejected that argument.

The published ruling is now binding precedent in Illinois, Indiana, and Wisconsin. 

It could affect how future NEC cases are filed and litigated in those states. 

Plaintiffs’ attorneys have argued state courts offer procedural advantages unavailable in the federal MDL. 

This ruling clears the way for more cases to proceed on that track.

An Illinois federal judge ruled Mead Johnson must face the first bellwether trial in the NEC MDL, rejecting the company’s argument that the Supreme Court’s recent Monsanto v. Durnell decision bars the plaintiff’s claims. 

Jury selection was set to begin the following Wednesday. 

Mead Johnson argued the ruling, which found a federal pesticide law preempts certain failure-to-warn claims, should similarly block the plaintiff’s defective design claims under the Infant Formula Act.

The judge disagreed, noting the pesticide law contains an express preemption clause while the Infant Formula Act does not, and that the FDA doesn’t need to approve infant formula designs before they reach market. 

The plaintiff alleges Mead Johnson failed to warn her or her son’s doctors that Enfamil Premature formula could cause necrotizing enterocolitis; her son died from NEC-related shock in 2020 after a week of exclusive formula feeding following a high-risk twin pregnancy. 

The judge found a jury could reasonably conclude adequate warnings would have changed his doctors’ treatment course, and previously noted evidence of alternative feeding options helped the case survive summary judgment where three companion cases against Abbott did not.

The MDL includes nearly 800 pending cases against Mead Johnson and Abbott Laboratories. 

This case was selected alongside three Abbott bellwethers to help gauge how juries respond to the underlying evidence, with the outcome expected to influence settlement posture across the broader litigation.

The NEC baby formula MDL added 15 cases between July and August, increasing from 810 to 825. 

The continued growth follows the Missouri Court of Appeals’ decision to leave Abbott Laboratories’ appeal of a $495 million NEC verdict in the Eastern District, allowing one of the largest baby formula verdicts to move forward through the appellate process. 

The ruling keeps pressure on manufacturers as additional NEC lawsuits are filed nationwide. 

The federal litigation continues to build as bellwether cases move closer to trial and plaintiffs pursue claims involving cow’s milk-based infant formula and necrotizing enterocolitis. 

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

The U.S. Court of Appeals for the Seventh Circuit has refused to reinstate a wrongful death lawsuit Ericka Mar filed against Abbott Laboratories over her daughter RaiLee’s death from necrotizing enterocolitis.

RaiLee was born 12 weeks premature in January 2014, and the hospital began feeding her Similac Special Care 24 after Mar could no longer provide breast milk.

RaiLee developed NEC and died a day later. Mar’s proposed warning, stating human milk carries a lower NEC risk than formula, wouldn’t have changed the outcome, the panel ruled, since hospital policy already barred using another mother’s untested donor milk.

Chief Judge Michael B. Brennan wrote that the hospital had no donor milk available and turned to Similac as its only option, making the label warning moot regardless of its wording.

The court declined to rule on Abbott’s separate argument that there was insufficient evidence Similac caused RaiLee’s NEC, resolving the case solely on the warning issue.

Judge Rebecca Pallmeyer, who dismissed the case at the district court level, is separately overseeing the broader federal NEC MDL, where an Enfamil bellwether trial began July 6 and a Similac bellwether is set for August 10.

The ruling follows a string of mixed results in NEC litigation at the state level, including a $495 million Missouri verdict and a $70 million Illinois verdict against Abbott, as well as a $60 million verdict against Mead Johnson that was later overturned and sent back for a new trial.

The Seventh Circuit has refused to revive Ericka Mar’s failure-to-warn claims against Abbott Laboratories, affirming a lower court’s summary judgment win for the company in what was set to be the first of four NEC bellwether trials.

Mar sued in January 2022, alleging Abbott’s Similac Special Care 24 formula caused her daughter RaiLee’s fatal necrotizing enterocolitis.

RaiLee was born 12 weeks premature in January 2014 and was fed a 50/50 mix of Mar’s breast milk and Abbott’s formula after the hospital ran out of Mar’s own milk and refused to accept another mother’s untested donor milk; RaiLee developed NEC about a day after starting the formula and died the next day.

The panel found Mar’s proposed alternative warning, stating that human milk carries a lower NEC risk than formula, wouldn’t have changed the outcome.

The court noted the hospital’s ban on unpasteurized donor milk existed independent of Abbott’s labeling, and that RaiLee’s treating physician already knew of the link between formula and NEC yet stood by his treatment decisions.

Judges also rejected Mar’s bid to introduce two new witnesses after summary judgment, finding she already knew about them at the time.

The ruling is a significant defense win for Abbott heading into the broader NEC MDL, where an Enfamil bellwether trial began July 6 and a separate Similac bellwether is scheduled for August 10 before Judge Pallmeyer in the Northern District of Illinois.

Jasmine Crawford has filed suit against Abbott Laboratories in the U.S. District Court for the Northern District of Illinois. 

She filed the complaint on July 9, alleging her son developed necrotizing enterocolitis after being fed Similac in the NICU. 

Her son was born prematurely in 2024 and was fed the cow’s milk-based formula during his hospital stay. He soon developed bloody stools and gaseous abdominal distention, leading to his NEC diagnosis. 

Crawford alleges Abbott knew its formula significantly increased NEC risk in premature infants but failed to warn parents or hospitals. 

She brings claims of negligence, failure to warn, and design defect, seeking compensatory and punitive damages.

Bellwether trials are already underway before Judge Rebecca Pallmeyer in the Northern District of Illinois, with outcomes expected to shape settlement talks across the broader litigation.

A St. Louis jury ruled in favor of Mead Johnson in a lawsuit alleging that its Enfamil product caused a premature infant to develop necrotizing enterocolitis (NEC).

The lawsuit was filed by an Illinois mother whose daughter developed NEC after exposure to Enfamil preterm infant formula, suffering lifelong injuries.

The plaintiff’s attorneys said they disagree with the verdict and are evaluating their options.

The verdict comes as Mead Johnson and Abbott Laboratories face nearly 1,000 similar NEC lawsuits, including more than 700 cases centralized in federal court in Illinois.

Trial outcomes remain mixed.

In June 2026, an Illinois appellate court reversed a $60 million verdict against Mead Johnson and ordered a new trial.

The court found that the jury had received improper instructions about the company’s duty to warn.

A Colorado mother has filed a new lawsuit against Mead Johnson, alleging her premature daughter developed necrotizing enterocolitis (NEC) after being fed Enfamil Premature formula in a neonatal intensive care unit.

According to the complaint, the infant was born at 34 weeks gestation and began receiving the cow’s milk-based formula shortly after birth.

She was diagnosed with Stage 2 NEC six days later and required antibiotic treatment and hospitalization.

The lawsuit alleges Mead Johnson knew for years that its cow’s milk-based premature infant formula increased the risk of NEC in preterm infants but failed to provide adequate warnings to parents and healthcare providers.

The case joins hundreds of similar lawsuits pending against Mead Johnson and Abbott Laboratories, as families continue to pursue claims that the manufacturers marketed these products despite known safety concerns.

The NEC baby formula MDL added 12 cases between June and July, increasing from 798 to 810.

The increase comes as a Missouri appeals court declined Abbott Laboratories’ request to transfer its appeal of a $495 million NEC baby formula verdict, allowing the appeal to remain before the court that heard the original case.

The ruling keeps one of the largest NEC verdicts in place while the appeal proceeds, adding to the legal pressure facing manufacturers as the federal litigation continues to grow.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

A Missouri appeals court has declined Abbott Laboratories’ request to transfer its appeal of a $495 million NEC baby formula verdict to the Missouri Supreme Court.

The decision leaves intact the appellate court’s earlier ruling upholding the jury’s award in favor of the family of a premature infant who developed necrotizing enterocolitis (NEC).

Abbott asked the appeals court to transfer the case, arguing that it raises important legal questions that should be decided by the state’s highest court.

After the request was denied, the company announced that it intends to file its own petition asking the Missouri Supreme Court to review the case.

In 2024, a Missouri jury awarded the family $95 million in compensatory damages and $400 million in punitive damages, for a total verdict of $495 million.

No decision has been announced on whether the Missouri Supreme Court will hear Abbott’s appeal.

If the court agrees to review the case, it could determine whether the $495 million verdict will remain in place or be subject to further legal review.

A new lawsuit filed against Mead Johnson alleges that a premature infant developed necrotizing enterocolitis (NEC) after being fed EnfaCare, a cow’s milk-based formula marketed for premature babies.

According to the complaint, the infant received EnfaCare while being treated in a neonatal intensive care unit and later developed NEC, a severe intestinal disease that primarily affects premature infants.

The lawsuit alleges that the condition caused significant injuries and required extensive medical treatment.

The family claims Mead Johnson failed to adequately warn hospitals, physicians, and parents about the increased risk of NEC associated with cow’s milk-based formula products used in premature infants.

The case adds to a growing number of NEC baby formula lawsuits pending against Mead Johnson and Abbott Laboratories.

Plaintiffs throughout the litigation allege that manufacturers knew or should have known about research linking cow’s milk-based infant formula to a higher risk of NEC in premature infants.

They claim the companies failed to provide adequate warnings about those risks to hospitals, physicians, and parents.

The latest filing comes as NEC litigation continues to move forward in courts nationwide following several recent jury verdicts and appellate rulings involving claims against formula manufacturers.

No trial date has been announced in the newly filed case.

A Louisiana mother has filed a new lawsuit against Abbott Laboratories and Mead Johnson, alleging that cow’s milk-based infant formulas sold under the Similac and Enfamil brands caused her premature infant to develop necrotizing enterocolitis (NEC).

According to the complaint, the child was born prematurely in 2017 and received cow’s milk based formula while being treated in a neonatal intensive care unit.

The lawsuit alleges that the manufacturers failed to adequately warn healthcare providers and parents about the increased risk of NEC in premature infants fed cow’s milk based formula.

The case joins the growing federal multidistrict litigation pending in the Northern District of Illinois, where hundreds of similar NEC lawsuits have been consolidated.

Plaintiffs in the litigation allege that scientific evidence has long shown an association between cow’s milk based formula and an increased risk of NEC in premature infants.

The filing comes as the first federal bellwether trial in the NEC litigation is scheduled to begin on July 6, 2026. A second bellwether trial is currently set for August 10, 2026.

These trials are expected to provide insight into how juries may evaluate evidence and claims presented in the broader litigation.

The NEC baby formula MDL added 1 case between May and June, increasing from 797 to 798.

The docket remained largely unchanged during a month that saw a major development in the litigation, with a federal judge clearing the first MDL trial against Mead Johnson to move forward.

The upcoming trial will be closely watched, as it could provide important insight into how juries respond to claims that cow’s milk-based infant formula increased the risk of necrotizing enterocolitis in premature infants.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly. 

 The Seventh Circuit heard arguments over whether a mother’s lawsuit against Abbott Laboratories should be revived after a federal judge dismissed claims that Abbott’s preterm infant formula caused her premature daughter to develop fatal necrotizing enterocolitis (NEC).

The appeal centers on whether Abbott failed to adequately warn parents and healthcare providers that cow’s milk-based formula significantly increases the risk of NEC in premature infants.

The plaintiff argues that stronger warnings could have altered medical decisions, including efforts to obtain donor breast milk or avoid formula feeding altogether.

During oral arguments, appellate judges questioned both sides about whether plaintiffs must identify a specific alternative warning and whether evidence existed showing doctors or parents would have acted differently if additional warnings had been provided.

Abbott argued that no evidence established that alternative feeding options were realistically available at the hospital when the infant required nutrition.

The case was originally slated to become the first federal bellwether trial in the NEC baby formula multidistrict litigation before summary judgment was granted in Abbott’s favor.

The appeal is significant because it addresses key legal issues central to the broader litigation, including causation, adequacy of warnings, physician knowledge, and whether stronger risk disclosures could have prevented infant injuries or deaths associated with preterm formula products.

An Illinois federal judge has denied Mead Johnson’s summary judgment motion in the first federal bellwether trial involving allegations that Enfamil Premature formula caused necrotizing enterocolitis (NEC) in a premature infant, allowing the case to proceed to trial.

The lawsuit was filed by Alexis Inman, who alleges Mead Johnson failed to adequately warn healthcare providers about the risks of NEC associated with formula feeding in premature infants.

Her son Daniel allegedly developed the condition and died after being transitioned from fortified breast milk to exclusive Enfamil Premature feedings while in the NICU.

The court found there were factual disputes that should be resolved by a jury, including whether additional warnings about NEC risks would have changed the infant’s treatment course and whether safer alternative feeding designs or formulations were available.

The ruling also highlighted internal company research involving alternative formula compositions that allegedly showed lower NEC risks.

This marks a significant development in the NEC baby formula multidistrict litigation, which includes hundreds of lawsuits alleging premature infant formulas increased the risk of NEC and that manufacturers failed to adequately warn providers and parents about those risks.

The August trial will serve as the first federal bellwether case against Mead Johnson and could shape future settlement and litigation strategy across the MDL.

A new product liability lawsuit alleges that a premature infant developed necrotizing enterocolitis (NEC) and required bowel surgery after being fed cow’s milk-based infant formula in a neonatal intensive care unit (NICU).

The complaint was filed on May 1, 2026, in the U.S. District Court for the Northern District of Illinois by Linnette Perez, individually and as guardian of her child G.V.

The lawsuit names Abbott Laboratories and Mead Johnson Nutrition along with affiliated corporate entities as defendants.

The lawsuit alleges that cow’s milk-based infant formulas marketed under the Similac and Enfamil brands caused or contributed to the development of NEC in a premature newborn.

According to the complaint, the infant required emergency surgical intervention after developing NEC in the NICU setting.

NEC cases often require intensive medical treatment, including bowel surgery, and may result in long-term complications or fatal outcomes in severe cases.

The NEC baby formula MDL added 15 cases between April and May, increasing from 782 to 797 cases pending.

NEC lawsuits continue to be filed in state and federal courts across the country.

Just last month, a Chicago jury awarded $70 million ($53m in compensatory damages, $17m in punitive damages) to four mothers whose children were diagnosed with NEC after being fed Abbott’s cow’s milk based baby formula in the NICU.

Previous trials have resulted in both plaintiff and defendant wins.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

A Florida mother has filed a product liability lawsuit against Mead Johnson, alleging that its Enfamil cow’s milk based fortifier caused her premature infant to develop necrotizing enterocolitis.

The complaint was filed in Illinois, along with numerous other cases claiming that cow’s milk based formulas increase the risk of this life threatening condition in premature infants.

The lawsuit alleges that Mead Johnson failed to adequately warn healthcare providers and parents about the risk of necrotizing enterocolitis associated with its products.

According to the filing, the infant was fed Enfamil fortifier in a neonatal intensive care unit before developing the condition, which primarily affects premature and low birth weight infants and can lead to severe intestinal damage or death.

This case follows a series of recent developments in NEC formula litigation, including multiple jury verdicts in 2024 that resulted in substantial awards for plaintiffs.

Litigation remains ongoing in both state and federal courts, with hundreds of cases consolidated in multidistrict proceedings.

No global settlement has been reached, and additional trials are expected to shape the trajectory of the litigation.

Manufacturers continue to deny liability, maintaining that their products are safe and that necrotizing enterocolitis can occur in premature infants regardless of feeding method.

A Cook County jury awarded an additional $17 million in punitive damages against Abbott Laboratories following a $53 million compensatory verdict in a Necrotizing Enterocolitis (NEC) Lawsuit involving preterm infant formula.

The combined $70 million verdict marks a significant development in ongoing NEC Lawsuits involving cow’s milk-based formula products.

The punitive damages followed approximately two hours of jury deliberation after hearing arguments related to Abbott’s conduct.

Punitive damages are awarded to penalize defendants for willful misconduct and to deter similar actions.

The court allowed the jury to consider punitive damages after finding evidence that Abbott may have concealed risks associated with its Similac Special Care 24 formula.

The underlying claims were brought by four mothers on behalf of their children, who developed necrotizing enterocolitis after consuming the formula in neonatal care.

The jury previously awarded $15 million to Antonia Mendez, $15 million to Eboni Williams, $7 million to Casie Thompson, and $16 million to Kara Sharpe for claims involving negligence, failure to warn, and product defects.

Each child survived but suffered long-term complications, and three required bowel surgery.

Plaintiffs argued during the four-week trial that they would not have consented to formula feeding if adequate warnings about NEC risks had been provided.

Abbott maintained that its formula is safe and disputed causation.

The company argued that premature birth and low birth weight are primary risk factors for NEC and asserted that breast milk provides protective benefits rather than formula creating risk.

In a statement, Abbott indicated it plans to appeal the verdict and emphasized that regulatory agencies and medical organizations have not concluded that its products cause NEC.

The ruling may influence other NEC lawsuits, particularly claims involving failure to warn and alleged knowledge of product risks, with thousands of NEC lawsuits still remaining pending against Abbott and Mead Johnson, the manufacturer of Enfamil.

A Cook County jury awarded $53 million in damages against Abbott Laboratories in a case involving allegations that preterm infant formula contributed to necrotizing enterocolitis (NEC), a serious gastrointestinal condition.

The verdict represents the first NEC Lawsuit trial outcome in Illinois involving claims against Abbott’s Similac Special Care 24 formula.

The jury delivered the verdict after approximately 10 hours of deliberation.

Four mothers brought negligence, failure to warn, and product defect claims on behalf of their children.

The jury awarded $15 million to Antonia Mendez, $15 million to Eboni Williams, $7 million to Casie Thompson, and $16 million to Kara Sharpe.

The damages include compensation for pain and suffering, loss of a normal life, emotional distress, disfigurement, and risk of future harm.

Each case involved premature infants who developed necrotizing enterocolitis after being fed Abbott’s formula in Chicago-area hospitals.

NEC is a severe condition that causes inflammation and damage to intestinal tissue and can require emergency surgery.

All four infants survived but experienced long-term complications, and three required bowel surgery shortly after birth.

The presiding judge, John Ehrlich, ruled that sufficient evidence existed to allow the jury to consider punitive damages.

Punitive damages are intended to punish a defendant for willful and wanton conduct and to deter similar conduct in the future.

The court cited evidence suggesting Abbott may have known about an increased risk of NEC associated with its formula and failed to provide adequate warnings on product labeling.

The court also rejected Abbott’s motion for a directed verdict, which sought to dismiss the case before it reached the jury.

Abbott maintained during trial that its formula does not cause NEC and argued that premature birth and low birth weight are primary risk factors.

The company also asserted that breast milk provides protective benefits against NEC, rather than formula creating risk.

NEC Lawsuits remain active across state courts involving Abbott and Mead Johnson, the manufacturer of Enfamil, with jury outcomes in prior cases varied, with some verdicts favoring plaintiffs and others siding with manufacturers.

Abbott told an Illinois jury that plaintiffs failed to prove its preterm infant formula caused necrotizing enterocolitis, arguing that multiple independent risk factors made the condition likely regardless of formula use.

The defense argued that premature birth, medical complications, and other clinical conditions were sufficient to explain the infants’ illnesses.

The company also contended that its formula was used as intended in situations where breast milk or donor milk was unavailable, framing the product as a necessary alternative rather than a harmful one.

A central issue at trial was whether donor milk was realistically accessible, with Abbott arguing it was not a viable option for the infants at the time.

On failure-to-warn claims, Abbott argued that additional warnings would not have changed outcomes because parents relied on physicians, and doctors already understood the relative benefits of breast milk compared to formula.

The defense maintained that any alleged labeling deficiencies were not a proximate cause of the injuries.

The case centers on whether plaintiffs can establish causation and whether any alleged failure to warn meaningfully impacted medical decision-making, both of which are key issues in the broader NEC formula litigation.

The NEC baby formula MDL added 3 cases between March and April, increasing from 779 to 782.

NEC lawsuits continue to be filed in both the federal MDL and state courts across the country. 

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

One of the four mothers suing Abbott took the stand this week in the ongoing Cook County trial, telling jurors she would not have allowed her premature daughter to receive Similac Special Care 24 if she had known it increased the risk of necrotizing enterocolitis.

Antonia Mendez testified that her daughter suffered from NEC twice during infancy, which ultimately required multiple surgeries and the removal of part of her intestines.

She described ongoing complications at age 13, including chronic anemia, digestive problems, and restrictions on daily activities.

On cross-examination, Abbott’s attorneys highlighted medical records indicating Mendez had severe preeclampsia and that doctors discussed NEC risks and the advantages of breast milk before delivery.

Mendez said she does not remember those conversations and testified she was overwhelmed and medicated at the time.

She also said she was never informed about donor breast milk as an alternative while her daughter was in the NICU.

The testimony provides a detailed account of long-term injuries that jurors are considering, as Abbott continues to argue that prematurity and other medical factors, not formula, are responsible for NEC risk.

The consolidated trial is underway and is expected to last until April.

A lawsuit filed in federal court alleges that a premature infant developed necrotizing enterocolitis (NEC) after being fed Enfamil infant formula, resulting in the surgical removal of part of the child’s intestine and long-term gastrointestinal complications.

The complaint was filed by Quadria Breaker on behalf of herself and her child, identified as Baby Z.L., and names Mead Johnson & Company as the defendant.

According to the lawsuit, Baby Z.L. was born prematurely in November 2020 at 23 weeks gestation and weighed approximately 650 grams at birth. The infant was admitted to a neonatal intensive care unit and fed Enfamil, a cow’s milk-based infant formula manufactured by Mead Johnson.

Shortly after receiving the formula, the complaint alleges the newborn developed serious gastrointestinal complications and was diagnosed with necrotizing enterocolitis, a life-threatening intestinal disease that primarily affects premature infants.

The lawsuit states that the condition required emergency surgery while the infant remained in the hospital’s neonatal intensive care unit.

Surgeons removed a portion of the distal lower intestine, and the family alleges the procedure will leave the child with lifelong digestive complications..

Breaker’s lawsuit alleges that manufacturers have known for decades that premature infants fed cow’s milk-based formula face a higher risk of NEC compared to infants fed human breast milk or donor milk products.

Despite the availability of that research, the complaint claims Mead Johnson continued marketing Enfamil for use in neonatal intensive care units and failed to provide adequate safety warnings about the potential risk of necrotizing enterocolitis.

A Cook County jury has begun hearing evidence in a trial involving claims that Abbott Laboratories’ preterm infant formula contributed to necrotizing enterocolitis (NEC) in premature infants.

The case centers on allegations that Abbott failed to warn hospitals, physicians, and parents about the risks associated with cow’s milk-based formula used in neonatal intensive care units.

Attorneys representing four Illinois mothers told jurors that their premature infants developed NEC shortly after being fed Abbott’s Similac Special Care 24 formula at Chicago-area hospitals.

The plaintiffs allege Abbott Laboratories knew that cow’s milk-based formula can increase NEC risk in premature infants but did not include warnings on the product’s labeling.

The lawsuit claims, Abbott’s preterm infant formula functioned as a contributing factor in the development of NEC, Abbott Laboratories failed to provide warnings regarding NEC risk associated with cow’s milk-based formula for premature infants, and that Abbott marketing practices targeted hospitals through discounted supply agreements designed to establish early formula use in neonatal care units.

Plaintiff attorneys told the jury that three of the four infants required surgery to remove necrotic intestinal tissue.

Medical treatment involved strong pain management medications during hospitalization.

The children survived but allegedly continue to experience complications linked to NEC.

Abbott Laboratories disputes the claims. Defense counsel argued that the formula has been used for approximately 45 years and remains regulated by the U.S. Food and Drug Administration. The defense maintains that scientific evidence does not demonstrate that Abbott’s formula causes NEC.

Abbott also argues that premature infants in the case had multiple medical risk factors associated with NEC, including extremely low birth weight, oxygen deprivation at birth, and exposure to antibiotics.

Jury selection begins this week in Cook County, Illinois, in a consolidated lawsuit filed by four families who allege Abbott Laboratories’ cow’s milk–based infant formula caused their premature babies to develop necrotizing enterocolitis (NEC). 

The children born at hospitals in the Chicago area between 2012 and 2019 all survived but experienced serious complications. 

According to the filings, three required surgery and continue to live with long-term health problems.

The case includes four separate lawsuits and is expected to take several weeks. 

The families allege that Abbott did not inform doctors that premature infants fed cow’s milk–based formulas are at a greater risk of NEC compared to those fed breast milk or donor milk. 

Abbott denies that its products cause NEC and asserts that the formula is necessary when mothers cannot produce enough breast milk.

The Chicago trial occurs as nearly 1,000 NEC lawsuits are still pending against Abbott and Mead Johnson, the maker of Enfamil. 

More than 700 of those cases are concentrated in federal court in Illinois, while others move forward in state courts. 

Recent trials have yielded mixed results, including a $495 million verdict against Abbott in Missouri (secured by TorHoerman Law) and a $60 million verdict against Mead Johnson, both currently under appeal.

The NEC litigation added 4 cases between February and March, increasing from 775 to 779.

NEC baby formula lawsuits are being filed in both federal court (the multidistrict litigation) as well as in state courts across the country.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly. 

A Seventh Circuit panel heard argument on whether several necrotizing enterocolitis lawsuits should remain in federal multidistrict litigation, signaling skepticism toward a district court’s finding that in-state hospital defendants were fraudulently joined to defeat diversity jurisdiction.

The appeal centers on five consolidated cases alleging that cow’s milk-based preterm infant formulas manufactured by Abbott and Mead Johnson caused necrotizing enterocolitis in premature infants.

The plaintiffs originally filed suit against both the formula manufacturers and in-state hospitals. After the hospitals were dismissed in state court, the cases were removed to federal court and transferred into the Illinois-based MDL.

The district court concluded that although plaintiffs could theoretically succeed on their claims against the hospitals, they lacked “real intent” to pursue those claims.

Based on that assessment, the court declined to remand the cases to state court, finding fraudulent joinder.

During oral argument, members of the Seventh Circuit panel questioned the practicality and legal basis of an intent-based fraudulent joinder test.

One judge expressed concern that requiring district courts to evaluate the adequacy of plaintiffs’ discovery efforts or litigation zeal could place courts in a difficult and subjective position.

Another judge raised concerns about potential jurisdictional “yo-yo” effects if removability hinges on evolving litigation conduct.

Defense counsel argued that the plaintiffs’ limited pleading and discovery efforts demonstrated that the hospital claims were not genuinely pursued and were instead included to avoid federal jurisdiction.

Plaintiffs’ counsel countered that expanding fraudulent joinder doctrine to include intent-based inquiries lacks statutory support and would create administrative confusion, particularly where removal timing rules are implicated.

The appeal arises within the broader NEC formula litigation, which includes thousands of coordinated claims. While some state court verdicts have gone against manufacturers, the federal MDL court has granted summary judgment to Abbott in multiple bellwether-track cases.

The Seventh Circuit’s forthcoming decision could significantly affect jurisdictional strategy in mass tort litigation, particularly in cases involving both diverse and non-diverse defendants.

A ruling narrowing intent-based fraudulent joinder analysis may limit defendants’ ability to keep cases in federal court based on perceived litigation tactics, while affirmance could reinforce federal jurisdiction in similar removal disputes going forward.

The federal Judicial Panel on Multidistrict Litigation consolidated federal NEC baby formula lawsuits into MDL No. 3026 in the U.S. District Court for the Northern District of Illinois.

Multidistrict litigation (MDL) is a federal procedure that centralizes similar lawsuits before one judge to coordinate pretrial discovery and rulings.

Court records show more than 770 NEC baby formula lawsuits pending in the MDL as of February 2026, with roughly 950 total filings historically reported.

Additional Similac NEC lawsuits and Enfamil NEC lawsuits remain active in state courts.

Recent Verdicts and Procedural Developments

Several verdicts have shaped the trajectory of NEC baby formula litigation:

• A Missouri jury awarded $495 million in July 2024 in a Similac NEC lawsuit against Abbott Laboratories
  • TorHoerman Law was lead counsel on this NEC trial verdict.
• An Illinois jury awarded $60 million in March 2024 in an Enfamil NEC lawsuit involving the death of a premature infant
• A Missouri judge overturned a 2025 defense verdict after finding misconduct by defense counsel, ordering a retrial

A separate federal bellwether case was reset to July 6, 2026, after pretrial rulings delayed the original trial date.

Bellwether trials are test cases selected to help courts and parties evaluate evidence and potential settlement value across a large group of lawsuits.

Additional MDL bellwether trials are scheduled through early 2027.

The NEC baby formula MDL added 6 cases between January and February, rising from 769 to 775.

The slight increase suggests continued, though measured, plaintiff filings as the docket remains active.

Recent activity continues to center on case management and discovery issues rather than JPML-level developments.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly. 

A new wrongful death lawsuit has been filed against Abbott Laboratories, claiming that the company’s Similac Special Care Formula caused necrotizing enterocolitis (NEC) in a premature infant.

The complaint was filed in Alabama on January 9, 2026, and alleges that a baby born at 30 weeks’ gestation developed NEC after receiving the cow’s milk–based formula and died at approximately ten days old.

The lawsuit asserts that Abbott Laboratories knew that cow’s milk–based formulas posed an increased risk of NEC for premature infants but failed to provide adequate warnings to parents and healthcare providers.

The complaint further alleges negligence in the design, manufacturing, and marketing of the product and claims that the formula did not meet express warranties of safety.

This case is part of a larger federal multidistrict litigation (MDL) in the Northern District of Illinois, which consolidates hundreds of similar claims.

The American Academy of Pediatrics (AAP) reaffirmed that mothers’ own milk, properly fortified, is the optimal nutrition for very low birth weight (VLBW) infants (≤1,500 g).

Evidence shows maternal milk reduces the risk of necrotizing enterocolitis (NEC), infections, and other complications compared with preterm formula.

When maternal milk is unavailable, pasteurized donor milk is recommended as a temporary alternative, though it does not provide all the benefits of maternal milk.

Fortification is essential to meet the nutritional needs of VLBW infants, and individualized feeding plans are advised.

The report emphasizes the role of NICU clinicians in supporting lactation and addresses disparities in access to maternal and donor milk.

These findings reinforce human milk as the standard of care and may influence NICU protocols and risk management practices.

A new study published in Scientific Reports reports that necrotizing enterocolitis (NEC), a severe intestinal disease affecting premature infants, can be stratified into three distinct molecular subtypes.

Using RNA sequencing of intestinal tissue, researchers identified lipid, inflammatory, and intermediate profiles, each with unique gene expression patterns and biological pathways.

The findings suggest NEC is not a single uniform disease, which may explain variations in patient outcomes and disease progression.

Subtype-specific gene signatures could inform future diagnostic tools, prognostic models, and targeted therapies.

The study emphasizes the importance of molecular characterization in NEC and may influence ongoing clinical research and hospital protocols for premature infant care.

Yale University and Yale New Haven Hospital have asked a Connecticut state judge to reconsider a nearly $32 million verdict stemming from the death of premature infant Aries Reign-Peterson, arguing the court misapplied battery and informed consent law after a bench trial.

In a December ruling, the court found that bovine-derived fortifier given to the infant was a significant factor in his death from necrotizing enterocolitis (NEC) and concluded that feeding the product without parental consent constituted battery.

Yale now contends that the decision improperly conflates battery with lack of informed consent, asserting that failure to disclose an alleged medical risk cannot, by itself, support a battery claim.

The hospital argues that the treating physician was not aware of any increased NEC risk tied to the bovine fortifier and that, if the parents believe the physician should have known, the proper claim would be medical malpractice, not battery.

The NEC baby formula MDL dropped by 5 cases between December and January, declining from 774 to 769.

The decrease is tied to routine dismissals.

No notable JPML activity or docket developments were reported during the month.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this severe disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based infant formula, you may be eligible to file an NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly. 

A Connecticut state court has awarded nearly $32 million to the parents of a premature infant who died after developing necrotizing enterocolitis (NEC), finding that the hospital failed to obtain informed consent before feeding the baby a cow-milk–based fortifier.

The judge concluded that Yale New Haven Hospital violated the parents’ explicit instructions to use only human milk and failed to adequately warn them of known NEC risks associated with bovine-based products.

The court found that the hospital’s conduct was a proximate cause of the infant’s illness and death, awarding damages for medical costs, loss of earning capacity, and significant compensation for pain, suffering, and loss of life.

The ruling stated that safer human-milk alternatives were available and that the parents were deprived of the opportunity to make an informed decision.

The decision adds to growing NEC-related litigation nationwide, where courts are increasingly scrutinizing hospital practices and consent procedures involving premature infant nutrition, alongside ongoing claims against formula manufacturers.

An Illinois appellate court ruled that 23 lawsuits accusing Abbott Laboratories of failing to warn about risks linked to infant formula and necrotizing enterocolitis were improperly filed in Cook County and must be dismissed in favor of courts more closely connected to the infants’ injuries.

The court found that none of the affected infants were born in or ever lived in Illinois, and that most of their medical care and witnesses are located in other states, making Cook County an unduly burdensome and weakly connected forum for the claims.

While the court allowed a smaller group of in-state cases to remain, it concluded that trying out-of-state claims in Cook County would unfairly strain local judicial resources and jurors, particularly where the alleged misconduct involved Abbott’s communications with hospitals and providers outside Illinois.

The panel ordered the cases dismissed on the condition that plaintiffs refile them in the states where the infants were born, with Abbott agreeing to accept service and waive statute-of-limitations defenses.

An Illinois appellate court has dismissed 23 NEC baby formula lawsuits filed in Cook County on behalf of out-of-state families.

In a December 12 ruling, the Illinois First District Appellate Court agreed with Abbott Laboratories and Mead Johnson that Cook County is not the proper venue for cases involving infants who were born, treated, and injured entirely outside Illinois.

The panel confirmed that only six NEC cases filed by Illinois residents can stay in Cook County.

Justice Celia Gamrath stated that, although the claims are presented as product liability cases, they heavily depend on evidence related to medical care received in other states.

The court observed that none of the affected infants received care in Illinois, and that formula manufacturing does not occur in the state.

Maintaining the cases in Cook County, the court stated, would impose an undue burden on local jurors and court resources.

The decision limits the scope of NEC litigation in Cook County while leaving hundreds of other cases pending in Illinois courts elsewhere and in federal MDL proceedings.

It also supports recent appellate guidance that limits forum shopping in mass tort cases in which the underlying injuries and treatment occurred outside the selected venue.

Abbott Laboratories is escalating pressure on U.S. regulators and Congress as it faces hundreds of lawsuits, launching an aggressive lobbying campaign warning it may be “forced” to withdraw certain preemie products from the market unless Congress grants significant legal protections.

The company has floated multiple proposals, including shifting distribution of its formula products to the federal government, pursuing legislation that would dismiss pending suits and bar future claims, and advocating for a vaccine-style compensation fund that would pay families while shielding manufacturers from liability.

These proposals appear to function as a pressure tactic aimed at influencing policymakers and shaping public perception by tying continued product availability to the company’s desired legal outcomes.

The threat of pulling essential neonatal products, issued in the midst of active and expanding litigation, has been viewed by critics as an effort to strong-arm consumers, the courts, and government officials into limiting accountability and curtailing families’ access to traditional civil remedies.

Abbott publicly frames the effort as necessary to preserve access to specialized formula, but the timing and scope of the proposals have raised concerns about the use of market leverage to obtain litigation-related protections.

The NEC baby formula MDL grew from 755 cases in November to 774 in December.

Parents continue to claim that cow’s milk-based formulas from major manufacturers caused necrotizing enterocolitis (NEC) in premature infants.

The increase in filings reflects ongoing interest in holding formula companies accountable for product risks allegedly not disclosed.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly. 

The federal court overseeing the NEC MDL has selected three lawsuits for bellwether trials scheduled for August 2026, November 2026, and February 2027.

The Judicial Panel on Multidistrict Litigation (JPML) previously consolidated all federal NEC infant formula lawsuits into a multidistrict litigation (MDL) before Judge Rebecca R. Pallmeyer in the Northern District of Illinois.

More than 750 lawsuits have been filed in federal litigation. 

Families of premature infants allege that Abbott Laboratories and Mead Johnson failed to warn that cow’s-milk-based infant formulas may increase the risk of necrotizing enterocolitis (NEC).

The next wave of bellwether trials includes three cases naming Abbott as the sole defendant.

The selected lawsuits focus on severe NEC injuries and wrongful death claims linked to the use of Similac Special Care, Similac Human Milk Fortifier, and other Similac products provided to premature infants.

Plaintiffs will choose the first case to proceed to trial, followed by Abbott’s selection for the second trial.

The remaining case will serve as the third bellwether.

The NEC multidistrict litigation recorded 761 cases in October and 755 in November.

This small decrease follows several months of steady growth.

Families continue to allege that cow’s milk-based baby formulas like Enfamil and Similac contributed to the development of necrotizing enterocolitis in premature infants.

The court is advancing through pretrial phases as parties work through discovery and potential bellwether selection.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

A South Carolina mother has filed a Similac lawsuit against Abbott Laboratories, alleging that the company’s cow’s milk-based infant formula caused her premature daughter to develop necrotizing enterocolitis (NEC), a severe intestinal disease that can lead to infection, organ failure, and death.

The complaint, filed by Brandy Trollinger on October 16, claims that Abbott failed to warn consumers about the increased risk of NEC in premature infants fed its Similac products.

NEC occurs when harmful bacteria invade the intestinal wall, leading to tissue inflammation and necrosis. The condition often requires emergency surgery and carries a high mortality rate among preterm infants.

Trollinger alleges that her daughter, born at 27 weeks’ gestation, was fed Similac Human Milk Fortifier Hydrolyzed Protein in a hospital neonatal intensive care unit between October 30 and November 3, 2022.

The infant was diagnosed with Stage 3 NEC, suffered sepsis and septic shock, and died the following day.

The lawsuit argues that Abbott had been aware for years of scientific data linking cow’s milk-based formulas to NEC but continued to market Similac products as safe for preterm infants.

Abbott Laboratories has won its third bellwether case in the multidistrict litigation alleging its Similac Special Care formula increases the risk of necrotizing enterocolitis (NEC) in premature infants.

U.S. District Judge Rebecca Pallmeyer ruled the plaintiffs failed to prove that a human-milk-based alternative, such as Prolacta, was a feasible replacement at scale.

The judge agreed with Abbott’s experts, who said large-scale human milk production is impractical due to limited donors, ethical issues, and high costs.

While acknowledging that breast milk is safer, the court found Abbott’s formula remains necessary for infants lacking access to human milk.

The ruling strengthens Abbott’s position in the ongoing Preterm Infant Nutrition MDL, where the company maintains its products are safe, scientifically supported, and vital for premature infant care.

A new phase in the NEC Infant Formula Lawsuits is moving forward under U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois.

The court has ordered both sides to begin preparing a second wave of bellwether trials, scheduled to start in August 2026, as more families pursue claims that cow’s milk-based formulas produced by Abbott Laboratories and Mead Johnson increased the risk for necrotizing enterocolitis (NEC) in premature infants.

Abbott and Mead Johnson currently face more than 750 Similac lawsuits and Enfamil lawsuits filed in federal courts across the United States. 

The NEC lawsuits allege that the manufacturers failed to warn parents and medical professionals about the risk of NEC associated with their cow’s milk-based infant formulas.

According to prior rulings, the first set of bellwether NEC lawsuits scheduled for trial in April 2025 was dismissed due to insufficient evidence.

Judge Pallmeyer has directed the parties to move forward “as soon as reasonably possible” with case-specific discovery for the new set of bellwether trials, which will help determine how juries may respond to key evidence and expert testimony.

Bellwether trials serve as test cases in multidistrict litigation (MDL), allowing both sides to assess how juries might evaluate liability and damages.

Outcomes in these NEC bellwether trials could influence future settlement negotiations with Abbott and Mead Johnson.

If settlements are not reached following the trials, individual claims may be remanded to their original district courts for separate jury trials.

The court also scheduled a case management conference for October 16, followed by a pre-trial conference on October 30.

These proceedings are expected to finalize the discovery timeline and trial structure for the 2026 NEC bellwether cases.

The NEC baby formula lawsuit remained stable between September and October, with just a one-case increase, moving from 760 to 761 total cases in the MDL.

This plateau in filings may indicate a temporary slowdown in claim submissions as plaintiffs’ firms continue evaluating medical records and claim viability.

The litigation centers on allegations that cow’s milk-based infant formulas, such as Enfamil and Similac, caused necrotizing enterocolitis (NEC) in premature infants.

Parents pursuing legal action argue that manufacturers failed to warn healthcare providers and consumers about the risks posed to vulnerable newborns.

Outside of the federal multidistrict litigation, countless NEC lawsuits are filed in state courts across the country.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly. 

A newly published article in Pediatric Research has spotlighted the ongoing legal and medical controversy surrounding cow’s milk-based infant formula and its alleged link to necrotizing enterocolitis (NEC) in premature infants.

NEC is a severe gastrointestinal condition that affects 5–10% of preterm babies weighing 3lbs or less.

Human breast milk is widely recognized as protective, while the role of bovine-based formulas, such as Similac and Enfamil, remains hotly debated.

Although the article cautions that existing data does not conclusively establish formula as the cause of NEC, it highlights that formula-fed preemies are nearly twice as likely to develop the condition compared to those fed donor breast milk.

This academic backdrop coincides with mounting litigation against formula manufacturers Abbott Laboratories and Mead Johnson Nutrition.

Plaintiffs allege that the companies failed to adequately warn parents and healthcare providers about NEC risks and misrepresented their products’ safety.

Courts have already awarded substantial verdicts: $60 million against Mead Johnson and $495 million against Abbott.

The $495 million verdict against Abbott Laboratories was obtained by the NEC lawyers at TorHoerman Law.

Despite denials from the manufacturers, litigation outcomes are influencing not only courtrooms but also hospital feeding policies and parental decision-making.

As scientific scrutiny continues, juries appear increasingly willing to hold formula makers accountable for failing to protect vulnerable infants.

U.S. District Judge Rebecca Pallmeyer has issued Case Management Order No. 14 in the NEC baby formula multidistrict litigation (MDL), establishing a comprehensive plaintiff census requirement.

A comprehensive plaintiff census requirement is a court-ordered process that mandates plaintiffs’ attorneys to submit detailed information about every current and potential claimant.

This is to help the court understand the true scope of litigation and assess which claims are supported by medical evidence.

The order applies to all NEC-related claims—whether already filed in the MDL, filed elsewhere, or still unfiled but held in law firm inventories.

Plaintiffs’ lawyers must now submit electronic census forms via MDL Centrality, either as MDL Census Forms (for filed cases) or Non-MDL Census Forms (for unfiled or state court cases).

Each form must be fully completed with supporting medical records, with no objections permitted.

Strict deadlines have been set:

• 30 days for MDL-filed cases.
• 60–90 days for state court or unfiled claims, depending on case specifics.

This move comes as judges seek to avoid surprises seen in other MDLs where late-stage influxes of claims disrupted potential settlements.

The census data is expected to help the court differentiate claims that are trial-ready from those that are not, allowing for a more structured approach to future settlement discussions or bellwether trials.

The next Case Management Conference in the NEC MDL is scheduled for September 29, 2025, at 9:00 a.m. CT, during which the court will also hear oral arguments on preemption issues.

The number of NEC baby formula lawsuits pending in multidistrict litigation (MDL No. 3026) increased slightly from 759 cases in August to 760 in September 2025.

These lawsuits, centralized in the Northern District of Illinois, allege that premature infants developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based baby formulas such as Similac and Enfamil.

Plaintiffs claim that manufacturers failed to adequately warn about the risks associated with cow’s milk-based products for premature infants.

Countless more NEC lawsuits are filed in state courts across the country.

TorHoerman Law continues to represent families devastated by necrotizing enterocolitis, seeking justice and compensation for the impacts of this serious disease. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

The U.S. Food and Drug Administration (FDA) is calling for stronger industry collaboration on recalls involving infant formula and other children’s food products, citing the need for faster and more transparent communication.

The agency is urging manufacturers to notify the FDA immediately when initiating a recall and to broaden public alerts so parents and caregivers receive timely warnings.

The announcement comes as litigation continues nationwide over claims that certain cow’s milk-based infant formulas increase the risk of necrotizing enterocolitis (NEC) in premature infants.

Plaintiffs in these cases allege that manufacturers failed to adequately warn about the risks, leading to severe injuries and fatalities.

As part of its new measures, the FDA plans to launch a dedicated recall webpage for infant and children’s products and to develop a digital system to streamline recall reporting and improve public notifications.

These steps align with the agency’s “Operation Stork Speed” initiative, aimed at bolstering the safety and resilience of the infant formula supply chain, including enhanced contaminant testing and updated nutritional oversight.

The FDA’s increased focus on recall efficiency and transparency may factor into ongoing NEC-related claims, where plaintiffs argue that delayed or insufficient warnings have contributed to preventable harm.

The NEC baby formula MDL rose to 759 pending cases between August, a modest increase from 744 the month before.

Plaintiffs continue to allege that cow’s milk-based formulas contributed to the development of necrotizing enterocolitis in premature infants.

Discovery efforts remain ongoing as parties work through document production and expert evaluations.

Outside of the NEC MDL, countless more lawsuits are being handled in state courts.

TorHoerman Law is at the forefront of the necrotizing enterocolitis litigation, having secured a $495 million verdict against Abbott Laboratories in July 2024, and we are actively accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

A second bellwether case in the NEC baby formula multidistrict litigation (MDL) was dismissed on July 29, 2025, after a federal judge excluded the plaintiff’s expert testimony on causation.

This marks the second consecutive summary judgment ruling in favor of defendants Abbott Laboratories and Mead Johnson, effectively preventing the case from proceeding to trial.

The judge ruled that the expert’s opinion did not sufficiently link the plaintiff infant’s NEC diagnosis to the use of cow’s milk-based formula.

A similar outcome occurred in the first bellwether case earlier this year.

These rulings have raised concerns about the viability of future cases in the MDL if plaintiffs’ experts continue to face scrutiny under Daubert standards.

Despite these setbacks in federal court, plaintiffs have seen more activity in state-level proceedings.

In Missouri, a prior defense verdict was overturned and a retrial has been ordered.

In Illinois, a state appellate court ruled that thousands of NEC-related baby formula lawsuits can remain consolidated in Madison County, rejecting efforts to transfer them.

A new state-level case was also recently filed in New Jersey.

While early MDL bellwether dismissals represent a significant hurdle, plaintiffs continue to pursue claims in state courts where evidentiary standards may differ.

No global settlement has been announced. Additional bellwether trials in the federal MDL are still scheduled for later in 2025.

A second bellwether trial in the NEC baby formula multidistrict litigation (MDL) has been dismissed just weeks before trial.

On July 28, 2025, U.S. District Judge Rebecca Pallmeyer granted summary judgment to Abbott Laboratories in a case brought by a plaintiff, whose son developed necrotizing enterocolitis (NEC) after being fed Similac formula in 2015.

The court found the plaintiff’s expert could not offer opinions linking cow’s milk-based formula to NEC in infants of her son’s gestational age and weight—over 32 weeks and more than 2,000 grams.

Without that causation evidence, the judge concluded a trial could not move forward.

Though the plaintiffs case was dismissed for now, the judge left open the possibility of reviving the case if stronger evidence becomes available.

Abbott argued the case should be permanently closed, noting the plaintiffs legal team had known of the evidentiary gaps since 2022.

This ruling marks the second NEC bellwether to fall before trial.

The next case is expected to go before a jury in November 2025.

Plaintiffs continue to argue that formula manufacturers failed to warn parents and hospitals about NEC risks.

Abbott maintains that warnings would not have changed medical decisions, and alternative feeding options were not proven to be available at the time.

On July 15, 2025, U.S. District Judge Rebecca Pallmeyer overseeing the Similac necrotizing enterocolitis (NEC) multidistrict litigation (MDL 3026) issued an order requiring plaintiffs to submit a comprehensive census of all NEC claims linked to Similac.

This census must include both cases already filed in the MDL and unfiled claims.

The order sets deadlines for submission within 30 days of the order or within 30 days of submitting a plaintiff profile form, whichever is later.

Special Master Randi S. Ellis was appointed to manage the census process, coordinating data collection from plaintiffs and defendants.

The goal is to provide the court and defendant Abbott Laboratories a clear overview of the full scope of claims to facilitate settlement negotiations.

More than 700 lawsuits have been filed federally, with many additional potential claims under investigation nationwide.

The MDL is preparing for a series of bellwether trials to test key issues in the litigation.

The initial bellwether case was dismissed before trial, and the next trial is scheduled for August 2025.

Recent state court verdicts in Illinois and Missouri have awarded plaintiffs hundreds of millions of dollars, though some rulings have been challenged.

The federal litigation gained momentum following rulings allowing plaintiff expert testimony.

The census order marks a significant step toward organizing the large volume of Similac NEC claims and advancing settlement discussions.

The litigation remains active with upcoming bellwether trials set to shape future case management and resolution.

A Kansas City family has filed a necrotizing enterocolitis (NEC) lawsuit in New Jersey state court, alleging that their premature infant developed NEC after being fed cow’s milk-based formula products manufactured by Abbott Laboratories and Mead Johnson & Company.

According to the complaint, the child was born at just over 27 weeks gestation and weighed under two pounds.

While hospitalized in a New Jersey NICU, the infant was allegedly fed bovine-based formula shortly after birth.

Within weeks, the child exhibited gastrointestinal distress and was diagnosed with NEC.

The infant underwent emergency bowel surgery and continues to suffer complications that require ongoing medical care.

The lawsuit alleges that the hospital failed to inform the parents about the risks associated with cow’s milk-based formula in premature infants and did not present alternative feeding options such as donor human milk or human milk-based fortifiers.

The complaint further accuses Abbott and Mead Johnson of promoting their products for premature infants without providing adequate warnings, despite internal knowledge and existing research linking cow’s milk-based formula to increased NEC risk.

The filing also highlights the role of longstanding marketing relationships between the hospital and the formula manufacturers.

The case was filed in New Jersey due to the presence of New Jersey-based defendants. Proceedings are ongoing.

Abbott Laboratories is facing a derivative lawsuit in Illinois state court, accusing its leadership of improperly delaying an internal investigation into safety and compliance failures tied to its infant formula facility.

The suit alleges that Abbott’s board has refused to take timely action on a shareholder’s demand to investigate corporate misconduct related to bacterial contamination at the company’s Sturgis, Michigan plant.

That contamination led to a major recall and a nationwide formula shortage, as well as regulatory scrutiny and ongoing consumer litigation.

While Abbott’s board has agreed to investigate a narrow portion of the claims (those overlapping with another pending lawsuit) it has declined to pursue broader allegations, including insider trading and misleading statements about the plant’s condition.

According to the complaint, the board has not committed to a timeline and has stated it will not begin any further review until related litigation concludes.

The plaintiff argues this indefinite delay amounts to a wrongful refusal under corporate law and has allowed potentially valuable legal claims to lapse.

The lawsuit seeks damages on behalf of the company and corporate reforms to prevent similar failures in the future.

On July 9, 2025, the U.S. Food and Drug Administration (FDA) issued a renewed call for infant formula and baby food manufacturers to improve recall communications and adopt “radical transparency” as part of a broader safety initiative.

This move follows several high-profile formula recalls and increasing litigation tied to contaminated and hazardous infant nutrition products.

The FDA’s recommendations include faster reporting of contamination events, more direct and accessible public notifications, and better classification and tracking of recalled products.

The agency is also working to modernize its Enforcement Report to allow parents and caregivers to more easily search for recalls affecting infant and toddler foods.

This action is part of “Operation Stork Speed,” a program introduced earlier this year by the FDA and U.S. Department of Health and Human Services (HHS) in response to prior formula-related illnesses and deaths, including incidents involving Cronobacter and Salmonella contamination.

Past recalls have also led to significant product shortages and raised broader concerns about toxic metals and nutrient deficiencies in infant formula and baby food.

The FDA plans to launch a centralized digital platform to streamline consumer access to recall data and is encouraging food manufacturers to provide real-time updates and consumer-friendly messaging.

These efforts are aimed at preventing future harm and rebuilding public trust in the infant nutrition supply chain.

This initiative comes as litigation continues to mount over alleged harms caused by contaminated or unsafe formula products.

Manufacturers remain under legal scrutiny for alleged failures to prevent contamination and to properly notify the public in past recall events.

A Missouri state court will move forward with a necrotizing enterocolitis (NEC) lawsuit against Mead Johnson after a federal judge denied the company’s attempt to transfer the case to multidistrict litigation (MDL) in Illinois.

The lawsuit alleges that the plaintiff’s premature child developed NEC after being fed Enfamil, Mead Johnson’s cow milk-based infant formula.

The case also names a Missouri resident as a defendant.

Because both the plaintiff and the additional defendant are Missouri residents, the federal court ruled that diversity jurisdiction was lacking and remanded the case to state court.

Mead Johnson had sought to remove the case to the ongoing federal NEC baby formula MDL in the Northern District of Illinois, where over 600 lawsuits are consolidated.

Plaintiffs in the MDL and related cases allege that cow milk-based formulas such as Enfamil and Similac increase the risk of NEC in premature infants and were sold without adequate warnings to consumers or healthcare providers.

TorHoerman Law, LLC represents plaintiffs in the NEC litigation and previously secured a $495 million verdict in July 2024 on behalf of a Missouri family whose child suffered severe NEC injuries after being fed Similac.

That verdict followed a $60 million verdict in an Illinois Enfamil case earlier the same year.

The Missouri case is now expected to proceed on a separate litigation track.

Its outcome could influence ongoing bellwether trials and the broader litigation landscape as courts weigh liability claims against formula manufacturers.

The NEC baby formula MDL recorded a small increase in July, rising from 740 to 744 total cases.

The litigation centers on allegations that cow’s milk-based formulas like Enfamil and Similac caused premature infants to develop necrotizing enterocolitis (NEC), a serious intestinal disease.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly. 

A bellwether trial in the NEC infant formula multidistrict litigation (MDL No. 3026) is set to begin on August 8, 2025 in the U.S. District Court for the Northern District of Illinois.

The case involves plaintiff Keosha Diggs, who alleges that her child developed necrotizing enterocolitis (NEC) after being fed Similac and Enfamil formula products.

Jury selection is scheduled to start on August 4, with oral arguments on summary judgment motions to be heard on July 28. The litigation is being overseen by Chief Judge Rebecca Pallmeyer.

The federal MDL consolidates over 700 lawsuits filed against Abbott Laboratories and Mead Johnson, the manufacturers of Similac and Enfamil, respectively.

Plaintiffs claim that the manufacturers failed to warn that their cow’s milk-based formulas significantly increase the risk of NEC in premature infants.

This marks the second bellwether trial effort within the MDL.

The first trial, which involved plaintiff RaiLee Mar, was dismissed in May 2025 after the court found insufficient evidence to support the claims.

Additional bellwether trials are expected to follow, with potential start dates in November 2025 and February 2026.

A separate bellwether case involving plaintiff Alexis Inman remains in the pretrial motion phase, with key dispositive motion deadlines scheduled between August and October 2025.

State court verdicts have already signaled the potential for high damages.

In 2024, an Illinois jury awarded $60 million in a case involving Enfamil, and a Missouri jury awarded $495 million in a separate Similac case.

TorHoerman Law was lead counsel on the NEC trial that resulted in a verdict of $495 million.

The outcomes of the federal bellwether trials are expected to influence potential global settlement negotiations for the remaining cases.

A Florida mother filed a lawsuit against Mead Johnson on June 9, 2025, alleging that her premature daughter developed near-total bowel necrosis after being fed Enfamil formula.

The case was filed in the U.S. District Court for the Northern District of Illinois, where all federal NEC infant formula lawsuits have been centralized as part of multidistrict litigation (MDL No. 3026).

According to the complaint, the plaintiff’s daughter was born prematurely in 2015 and fed Enfamil Premature 20 cal formula in the NICU.

Within three days, the infant developed necrotizing enterocolitis (NEC), a life-threatening gastrointestinal condition.

Emergency surgery resulted in the removal of a large portion of the child’s intestines, leaving her with lasting medical complications.

The lawsuit alleges that Mead Johnson failed to warn doctors and parents that cow’s milk-based infant formulas such as Enfamil carry a heightened risk of NEC for premature babies.

It claims the company marketed the product as safe and appropriate for preterm infants despite studies indicating increased risk.

This filing joins hundreds of similar cases in the ongoing NEC formula litigation.

More than 700 lawsuits are currently pending in the federal MDL, which includes claims against both Mead Johnson (Enfamil) and Abbott Laboratories (Similac).

The first federal bellwether trial is scheduled for February 2, 2026, in the case of Inman v. Mead Johnson.

Earlier this year, a $60 million verdict awarded in an Illinois state court NEC case against Mead Johnson was overturned, with a retrial pending.

Plaintiffs in the MDL seek damages for injuries and wrongful deaths allegedly caused by NEC after ingestion of cow’s milk-based infant formula products in hospital NICUs.

Attorneys in the NEC infant formula MDL will meet with Judge Rebecca Pallmeyer on June 11 for a status conference after the dismissal of the first bellwether trial.

The case brought by Erica Mar regarding the death of her daughter was dismissed days before the trial due to a lack of specific evidence for that claim.

Despite the dismissal, the wider litigation continues to progress.

The next bellwether trial is scheduled for August 11, 2025, with two more planned for later in the year and early 2026.

Other trials are commencing in state courts across the country, including one in St. Louis court that is being tried by the team of NEC Lawyers at TorHoerman Law.

With more than 700 lawsuits pending against Abbott and Mead Johnson in the MDL and countless more in state courts across the United States, these upcoming trials will act as important indicators for possible settlement discussions

A new study in Frontiers in Pediatrics shows that hospitals can significantly reduce cases of necrotizing enterocolitis (NEC) in premature babies by adopting better care practices.

The review looked at over 18,000 infants and found that 16 out of 19 hospital-based interventions—like increasing breast milk use, giving probiotics, and delaying cord clamping—led to fewer NEC cases.

The study also emphasized that consistent protocols, such as limiting antibiotic use and reducing feeding during blood transfusions, may help protect babies’ intestines and prevent severe complications.

These findings are especially important as NEC baby formula lawsuits grow. Families claim that cow’s milk-based formulas increase NEC risk and that manufacturers failed to provide proper warnings.

While some courts have ruled in favor of formula makers, this new research could strengthen future cases by showing that preventable steps—like using human milk or probiotics—might have made a difference.

Still, the study noted that success depends on hospital resources and training, meaning outcomes may vary case by case.

Abbott Laboratories has won summary judgment in the first bellwether case of the NEC baby formula multidistrict litigation, dealing an early blow to plaintiffs.

The case, filed by Ericka Mar, claimed that Abbott’s Similac formula contributed to her daughter’s death in 2021 and that the company failed to provide adequate warnings.

However, on May 2, U.S. District Judge Rebecca Pallmeyer ruled that Mar did not provide enough evidence to prove a safer, feasible alternative existed at the time or that a warning would have changed the outcome.

The court found that human-milk-based alternatives like Prolacta were either unavailable or unproven as scalable options.

Judge Pallmeyer noted that while Abbott could have issued stronger warnings, it could not be held liable for failing to offer a better option that wasn’t accessible.

Importantly, the judge allowed the plaintiffs’ expert witnesses to remain in the case, meaning other bellwether trials in the MDL will move forward.

Attorneys for Mar expressed disappointment but emphasized that the ruling is limited to the facts of this single case.

The summary judgment in Abbott’s favor marks a setback for plaintiffs but does not end the NEC baby formula litigation.

The ruling applies only to the facts of the Mar case and highlights the need for stronger evidence in future lawsuits—specifically proof of safer alternatives and clear causation.

Importantly, the judge allowed expert witnesses to remain in the broader MDL, meaning other bellwether cases will continue.

Future plaintiffs will need to present more robust testimony and documentation to move their claims forward.

On May 13, 2025, the U.S. Food and Drug Administration (FDA) announced a comprehensive review of nutrient requirements in infant formula as part of Operation Stork Speed, marking the first full nutrient assessment since 1998.

This FDA review follows growing concerns about the nutritional adequacy and safety of infant formula products, which are at the center of thousands of NEC baby formula lawsuits.

Parents involved in the NEC baby formula lawsuit allege that certain cow milk-based infant formulas increased the risk of necrotizing enterocolitis (NEC), a potentially fatal gastrointestinal condition affecting premature infants.

The FDA’s request for information (RFI) invites public comment on whether existing minimum and maximum nutrient levels should be updated based on current science and international standards.

The agency is also seeking data on adding new nutrients, adjusting existing standards, and how those changes could impact infant health outcomes.

Commenters will have 120 days to submit responses to the FDA’s inquiry.

Operation Stork Speed also includes heightened testing for heavy metals and other contaminants in infant formulas and related food products, as well as efforts to improve labeling and transparency.

The federal judge overseeing the baby formula NEC multidistrict litigation (MDL) has cleared critical expert witnesses to testify in upcoming bellwether trials, marking a major step forward for plaintiffs.

However, the judge also dismissed the first case set to go before a jury, citing insufficient evidence specific to that claim.

U.S. District Judge Rebecca Pallmeyer ruled on May 2 that plaintiffs’ experts may present scientific testimony linking cow’s milk-based formulas—such as Similac and Enfamil—to an increased risk of necrotizing enterocolitis (NEC).

The decision preserves plaintiffs’ ability to argue causation across more than 700 NEC Lawsuits centralized in the Northern District of Illinois.

Despite this, Judge Pallmeyer granted summary judgment in the first bellwether case, finding that the plaintiff failed to show that the child’s limited exposure to formula caused NEC or that an adequate warning or alternative design existed.

Additional bellwether trials are scheduled for August, November, and early 2026.

These upcoming cases are expected to provide guidance for potential NEC settlement negotiations and could shape the future of the litigation.

If no resolution is reached, the judge may begin remanding cases for individual trials across the country.

U.S. District Judge Rebecca Pallmeyer ruled on May 2 that expert witnesses may testify in upcoming trials that cow’s milk-based formulas made by Abbott Laboratories and Mead Johnson can cause necrotizing enterocolitis (NEC).

This ruling marks a significant win for families pursuing over 700 NEC baby formula lawsuits centralized in multidistrict litigation (MDL) in federal court.

Despite this key procedural victory, Judge Pallmeyer also granted summary judgment in favor of Abbott in the first scheduled trial.

The judge found that the plaintiffs in that case, the family of RaiLee Mar, failed to provide sufficient evidence that Abbott’s failure to warn or an alternative design caused the infant’s NEC-related death.

The NEC Baby Formula Lawsuit involves claims that cow’s milk-based infant formulas have caused necrotizing enterocolitis (NEC) in premature infants.

Plaintiffs allege that manufacturers failed to warn parents and healthcare providers about the heightened risks these products pose to vulnerable newborns.

27 cases have been added to the NEC MDL in the past month.

While there have been some hurdles for the plaintiff side in the NEC MDL in the past month, cases are still progressing both in the federal litigation and in state courts across the country.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

The first trial in the NEC (Necrotizing Enterocolitis) multidistrict litigation (MDL) is scheduled to begin in just over three weeks.

This trial follows two significant Plaintiff victories and one case rescheduled due to alleged misconduct by the Defendants’ legal team.

These developments have heightened concerns for the NEC Defendants, who are now facing increasing pressure. Despite these setbacks, a global settlement remains unlikely at this time.

With the trial fast approaching, the possibility of another substantial Plaintiff victory looms large, potentially bringing justice to yet another affected family.

The outcome of this trial could further shape the course of the litigation moving forward.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

May marks NEC Awareness Month, a time dedicated to raising awareness about necrotizing enterocolitis (NEC), a severe gastrointestinal disease predominantly affecting premature infants.

In a recent video, Tyler Schneider, Managing Partner at TorHoerman Law, emphasizes the critical need for education and advocacy during this month.

He highlights ongoing lawsuits alleging that cow’s milk-based infant formulas may increase the risk of NEC in premature babies.

These legal actions aim to hold manufacturers accountable for not adequately warning parents about potential dangers.​

The NEC Society, a leading nonprofit organization, is at the forefront of efforts to combat this disease.

They focus on accelerating research, educating healthcare providers and families, and advocating for policy changes.

As of 2025, seven states—California, Colorado, Utah, Louisiana, Pennsylvania, Georgia, and New York—recognize May 17 as NEC Awareness Day. The goal is to double this number, increasing national recognition and support

Individuals can contribute by sharing personal stories, participating in awareness events, and supporting organizations dedicated to preventing NEC. For more information and resources, visit the NEC Society’s official website.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly.

The NEC Baby Formula MDL saw a modest increase in filings between March and April 2025.

In March, the JPML reported 663 total NEC Lawsuits.

By April 1st, the number of NEC Lawsuits rose to 683 filings, marking an increase of 20 cases.

This uptick reflects a continued effort by parents and families of infants affected by NEC to seek legal action against manufacturers of infant formula products.

Necrotizing enterocolitis (NEC) is a severe intestinal disease that primarily affects premature infants, and it has been linked to the use of certain infant formulas.

While hundreds of cases are consolidated into multidistrict litigation (MDL), countless more NEC Lawsuits are being pursued in state courts across the country.

TorHoerman Law was lead counsel on the Toxic Baby Formula NEC Lawsuit trial that concluded on July 26th, 2024, obtaining a landmark verdict of $495 million.

In this case, our NEC Lawyers represented to the mother of a young girl who developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula.

TorHoerman Law continues to represent countless families devastated by NEC, and we are actively accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based infant formula, you may be eligible to file a NEC Lawsuit. 

Contact us today for a free consultation, or use the chat feature on this page to find out if you qualify for the NEC Lawsuit instantly. 

In a major development for the ongoing NEC Baby Formula lawsuits, a Missouri state court has overturned a November 2024 defense verdict that favored Abbott and Reckitt.

The original ruling came after a five-week trial where the jury sided with the formula manufacturers, who argued that their cow’s milk-based formulas were crucial for premature infants and did not cause NEC.

In contrast, plaintiffs argued that the manufacturers were aware of the risk their formulas posed to premature infants but failed to warn the public or medical community.

The initial defense victory marked a key moment, as it was the first win for Abbott and Reckitt in this litigation.

Despite expert testimony supporting the defense, the judge found that the evidence presented did not justify the verdict, ordering a new trial. 

This ruling is a significant step forward for plaintiffs, especially following two previous victories in NEC trials.

Those wins have bolstered the case that cow’s milk-based formulas contribute to an increased risk of NEC, putting pressure on manufacturers to acknowledge the risks their products may pose.

This overturned verdict and the earlier plaintiff wins create momentum in the litigation, potentially leading to more successful outcomes for plaintiffs.

The overturned decision signals a shift in the ongoing lawsuits and may pave the way for additional legal challenges against formula manufacturers.

With thousands of NEC lawsuits continuing across the country, this latest ruling suggests that the fight over infant formula liability is far from over.

Future trials are likely to reflect this evolving trend and could impact how these cases are handled moving forward.

TorHoerman Law was lead counsel on the Toxic Baby Formula NEC Lawsuit trial that concluded on July 26th, 2024, obtaining a landmark verdict of $495 million.

In this case, our NEC Lawyers represented to the mother of a young girl who developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula.

In a recent development that raises concerns about potential conflicts of interest, Kyle Diamantas, who previously represented Abbott Laboratories in lawsuits alleging that the company’s infant formula products caused necrotizing enterocolitis (NEC) in premature infants, has been appointed as the Acting Deputy Commissioner for Human Foods at the U.S. Food and Drug Administration (FDA).

As Acting Deputy Commissioner, Diamantas now oversees the FDA’s Human Foods Program, which includes responsibilities related to food safety and nutrition.

This appointment is particularly noteworthy given Abbott Laboratories’ ongoing legal challenges; the company faces nearly 1,000 lawsuits alleging that its cow’s milk-based infant formulas, such as Similac, have been linked to NEC in premature infants.

The appointment of a former defense attorney for Abbott to a key regulatory position within the FDA has raised eyebrows, especially among Baby Formula NEC attorneys advocating for stricter oversight of infant formula safety.

This development underscores the importance of vigilance and transparency in regulatory appointments, particularly when public health and safety are at stake.

At TorHoerman Law, we remain committed to representing the interests of families affected by NEC linked to cow’s milk-based infant formulas.

We will continue to monitor these developments closely and advocate for accountability and safety in infant nutrition.

TorHoerman Law was lead counsel on the Toxic Baby Formula NEC Lawsuit trial that concluded on July 26th, 2024, obtaining a landmark verdict of $495 million.

In this case, our NEC Lawyers represented to the mother of a young girl who developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula.

Despite plans to exit its nutrition division, Reckitt Benckiser has not set a timeline for divesting Mead Johnson, the maker of Enfamil infant formula, which remains at the center of ongoing NEC lawsuits.

CEO Kris Licht clarified that while the company is shifting focus to core health and hygiene brands, no immediate sale or separation of the nutrition business has been finalized.

Reckitt faces mounting legal challenges over claims that its Enfamil Premature 24 formula contributed to life-threatening necrotizing enterocolitis (NEC) in premature infants.

The company has already been held liable in one case, with a U.S. court awarding $60 million in damages to a mother whose child died from NEC.

With hundreds of lawsuits still pending, potential liabilities could reach billions.

Despite these legal challenges, Reckitt has projected modest growth for its nutrition segment in 2025, following a 7.3% sales decline in 2024.

The decline was partly attributed to supply disruptions caused by a tornado at its Indiana facility.

While the company continues to defend itself in litigation, the future of Mead Johnson remains uncertain as Reckitt weighs its options.

TorHoerman Law was lead counsel on the Toxic Baby Formula NEC Lawsuit trial that concluded on July 26th, 2024, obtaining a landmark verdict of $495 million.

In this case, our NEC Lawyers represented to the mother of a young girl who developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula.

The NEC Baby Formula Lawsuit involves claims that cow’s milk-based infant formulas have caused necrotizing enterocolitis (NEC) in premature infants.

Plaintiffs allege that manufacturers failed to warn parents and healthcare providers about the increased risk of NEC in vulnerable newborns.

In February, 648 NEC Lawsuits were pending in the MDL.

The number of NEC Lawsuits in MDL has increased to 663 in March, with 15 new claims added.

This steady rise reflects continued legal action from affected families seeking justice for NEC-related complications.

NEC is a life-threatening condition that can cause severe intestinal damage, requiring intensive medical care and, in some cases, surgery.

Several NEC Lawsuits are filed in state courts across the country.

Our NEC Baby Formula Lawyers are accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

A new study published in Advances in Neonatal Care highlights the increased risk of necrotizing enterocolitis (NEC) among premature infants fed cow’s milk-based formula, reinforcing the growing body of evidence against products like Similac and Enfamil.

The research found that preemies given an exclusively human milk diet had a significantly lower risk of NEC compared to those fed bovine-based formula.

According to the findings:

• 10.5% of infants fed cow’s milk formula developed NEC, compared to 4.8% of those given human milk.
• Mortality rates were six times higher for formula-fed infants, at 6% vs. 1% for those on human milk.
• Babies on an exclusively human milk diet also experienced better weight gain, a crucial factor for preterm survival.

Our NEC Baby Formula Lawyers are accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

The NEC Baby Formula MDL involves claims that cow’s milk-based infant formulas have led to necrotizing enterocolitis (NEC) in premature infants.

Plaintiffs allege that manufacturers failed to warn parents and healthcare providers about the increased risk of NEC in vulnerable newborns.

In January, 632 cases were filed, increasing to 648 in February, with 16 new claims added.

This steady rise reflects continued legal action from affected families seeking justice for NEC-related complications.

Parents of children diagnosed with necrotizing enterocolitis (NEC) are filing claims in both a federal MDL and state courts across the country.

NEC is a life-threatening condition that can cause severe intestinal damage, requiring intensive medical care.

Our NEC Baby Formula Lawyers are accepting new clients and are representing countless families who have been devastated by NEC. 

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

The NEC baby formula MDL is advancing as preparations continue for the first bellwether trials in May 2025.

U.S. District Judge Rebecca R. Pallmeyer has reappointed 32 plaintiffs’ attorneys to leadership roles, ensuring coordinated pretrial actions for over 600 lawsuits against Abbott Laboratories and Mead Johnson.

Plaintiffs allege that Similac and Enfamil formulas caused necrotizing enterocolitis (NEC) in premature infants due to the manufacturers’ failure to warn of risks.

The first trial involves the death of baby RaiLee Mar and is scheduled for May 5, 2025, followed by additional trials later in the year.

These cases will help shape potential settlement negotiations, with jury outcomes likely influencing compensation amounts.

If no resolution is reached, individual lawsuits may proceed to trial nationwide.

Our NEC Baby Formula Lawyers are accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

Abbott Laboratories, already a key defendant in ongoing NEC (necrotizing enterocolitis) lawsuits, now faces fresh legal challenges over its toddler formula marketing practices.

The Public Health Advocacy Institute (PHAI) filed a lawsuit accusing Abbott of misleading parents about the nutritional value of its Similac toddler drinks, which are not FDA-regulated and allegedly pose health risks to children.

The lawsuit claims that Abbott’s “Go & Grow Toddler Drink by Similac” and “Pure Bliss Toddler Drink by Similac” use deceptive labeling and marketing to portray the products as a necessary nutritional step after infant formula.

Experts argue that these products, often loaded with added sugars, could harm children’s long-term health by fostering a preference for sweetened foods and increasing the risk of obesity.

This lawsuit parallels some claims in NEC litigation, where plaintiffs allege Abbott failed to adequately warn consumers about the risks of its cow’s milk-based infant formulas, which have been linked to an increased risk of NEC in premature infants.

With both cases challenging Abbott’s product safety and marketing practices, the company faces mounting scrutiny over its accountability to parents and children.

Our NEC Baby Formula Lawyers are accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

2025 is shaping up to be a pivotal year for NEC Lawsuits alleging manufacturers failed to warn about the risk of necrotizing enterocolitis (NEC) in premature infants.

With bellwether trials scheduled and recent mixed verdicts, the litigation’s future remains uncertain.

Major Verdicts in 2024

Plaintiffs secured significant victories last year:

• $60 million awarded in St. Clair County, Illinois to the family of a baby who died from NEC after consuming Mead Johnson’s Enfamil.
• $495 million awarded in St. Louis to the family of a baby who suffered permanent neurological damage after consuming Abbott’s Similac.
  • TorHoerman Law was lead counsel on this NEC baby formula trial.

Defendants’ Victory Adds Complexity

However, an October 2024 trial ended with a Missouri jury siding with Abbott and Mead Johnson, marking the defendants’ first win in the litigation.

This outcome highlighted the challenges plaintiffs face in meeting the burden of proof in NEC cases.

Bellwether Trials in NEC MDL Begin in May

The first federal bellwether trial in the Illinois-based multidistrict litigation (MDL) is set to begin on May 5, 2025, followed by additional trials in August and November.

These cases will provide critical insights into how juries may respond to evidence and influence potential settlements.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

The NEC Lawsuit involves claims that cow’s milk-based infant formulas increase the risk of necrotizing enterocolitis (NEC) in premature infants.

Plaintiffs allege that manufacturers failed to adequately warn of these risks.

In December, 626 cases were pending in the NEC MDL.

This number has increased to 632 in January 2025, with 6 new claims added.

While several hundred NEC Lawsuits are consolidated into multidistrict litigation (MDL), countless more NEC Lawsuits are being pursued through state courts across the country.

TorHoerman Law’s team of NEC Lawyers have been at the forefront of these cases, having achieved a landmark $495 million verdict against Abbott Laboratories in July 2024.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

The Baby Formula NEC lawsuit focuses on claims that cow’s milk-based infant formulas have caused necrotizing enterocolitis (NEC) in premature infants.

Plaintiffs allege that manufacturers failed to warn parents and healthcare providers about the heightened risks associated with these formulas.

In November, 624 cases were filed, increasing slightly to 626 in December, with 2 additional claims.

This steady number reflects ongoing concerns among families impacted by NEC.

NEC is a severe condition that can cause inflammation and intestinal damage, often requiring significant medical intervention for affected infants.

Our NEC Baby Formula Lawyers are accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

The ongoing legal battle over necrotizing enterocolitis (NEC) has intensified as hundreds of parents pursue accountability from Abbott Laboratories and Mead Johnson Nutrition, makers of cow’s milk-based formulas commonly used to supplement feeding for preterm infants.

NEC is a severe, often fatal intestinal disease primarily affecting preterm babies with underdeveloped digestive systems.

NEC Infant Formula Lawsuits allege that the companies failed to provide adequate warnings about NEC risks associated with their products, a concern that has led to heightened public scrutiny and two high-profile verdicts against the formula makers.

Tor Hoerman, our founder, is an advocate for families who have been devastated by NEC, representing hundreds of clients whose children developed NEC after being fed cow’s milk formula.

“Abbott and Mead Johnson are well aware that their cow’s milk-based formula increases the risk of NEC in premature babies,” Hoerman said. “As long as they continue to mislead parents about the risk profile of their products, we’ll continue to meet them in courtrooms to ensure parents can make an informed decision about what to feed their child.”

To date, more than 670 lawsuits are active in federal court in Chicago, with additional cases filed in state courts nationwide.

In two significant verdicts, courts awarded $495 million and $60 million against Abbott and Mead Johnson, respectively, after finding that the companies did not properly disclose NEC risks.

TorHoerman Law was lead counsel on the case which resulted in a $495 million verdict against Abbott Laboratories.

However, in a recent St. Louis case, jurors did not hold the companies liable, underscoring the ongoing debate over the science and regulatory responsibilities surrounding preterm infant formulas.

Research continues to suggest that feeding preterm infants mother’s milk or donor breast milk can significantly reduce NEC risk.

However, donated breast milk remains limited in availability, and many hospitals still rely on cow’s milk-based formulas, particularly when a mother’s milk supply is insufficient.

While legal and regulatory solutions develop, some hospitals are already implementing changes.

Mount Sinai Hospital in Chicago, for example, has restricted the use of formula in favor of mother’s or donor milk for infants born before 32 weeks or weighing under 1,500 grams.

This practice has been associated with a dramatic reduction in NEC cases, highlighting the potential impact of dietary choices on preterm infants’ health.

The outcomes of these cases may influence future labeling requirements and regulations on infant formulas.

In the meantime, families and advocates remain committed to seeking justice and informed choice for parents facing the challenges of preterm birth.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

The NEC Baby Formula Lawsuit addresses claims that certain infant formulas, when fed to premature babies, have led to necrotizing enterocolitis (NEC), a serious gastrointestinal condition.

Plaintiffs argue that manufacturers failed to warn parents and healthcare providers of the increased risk of NEC in premature infants consuming cow’s milk-based formulas.

In October, there were 598 cases filed in connection with NEC-related claims, increasing to 624 cases in November, an addition of 26 new filings.

This steady rise indicates growing awareness among affected families about the potential dangers associated with specific baby formulas.

NEC is a life-threatening condition that can cause inflammation and death of intestinal tissue, particularly affecting vulnerable premature infants, leading to long-term health challenges.

Additionally, the third NEC trial in St. Louis has resulted in a defense verdict.

This trial is outside the MDL mentioned in this update, but still implicates the ongoing NEC Lawsuits filed across the country.

In the second NEC trial, TorHoerman Law secured a $495 million verdict against Abbott Laboratories in July 2024.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

A jury in Missouri is currently hearing a high-stakes case involving Abbott Laboratories and Mead Johnson, two prominent baby formula manufacturers, over claims that their cow’s milk-based formulas increase the risk of necrotizing enterocolitis (NEC), a severe gastrointestinal disease in premature infants.

Plaintiff attorneys are arguing that Abbott and Mead Johnson marketed their formulas aggressively, targeting healthcare providers with insufficient warnings about NEC risks.

Attorneys have shared details about the plaintiff’s son, who was born weighing 2.2 pounds and underwent surgery to remove over 80% of his bowel after developing NEC.

Attorneys emphasized internal documents that they claim showed the companies were aware of the risks but withheld this information from the public.

Mead Johnson’s attorney argued that their formulas provide essential nutrition to premature infants and that studies linking their products to NEC are flawed.

The proceedings are expected to last about five weeks in total, with the trial having commenced on October 1st.

This trial is gaining national attention, as thousands of NEC-related lawsuits against Abbott and Mead Johnson are pending across the U.S., many consolidated in federal multidistrict litigation in Illinois.

The outcome in St. Louis may influence these cases, with the potential for significant financial impact on the defendants.

A previous trial in St. Louis resulted in a $495 million verdict, secured by TorHoerman Law and led by our trial attorney Jake Plattenberger.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk-based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to instantly find out if you qualify for the NEC Baby Formula Lawsuit.

The upcoming NEC trial in St. Louis, Missouri, against Abbott and Reckitt marks a significant moment in ongoing litigation claims that cow’s milk-based formulas caused necrotizing enterocolitis (NEC) in premature babies.

The plaintiff alleges that her son, born prematurely in 2017, developed NEC after being fed the companies’ formula while in the hospital, which led to a surgery to remove part of his intestine.

Like many other NEC survivors, her son continues to face severe, lifelong complications.

This trial follows two previous verdicts, where juries awarded $60 million against Reckitt and $495 million against Abbott (secured by TorHoerman Law), and comes amid widespread concern from doctors who fear the litigation could result in losing access to these vital products for premature infants.

The companies have suggested that these products may be withdrawn from the market, sparking alarm in the medical community.

However, our founder Tor Hoerman pushed back against this narrative, stating, “Nobody is requesting that the product be pulled from the market. Instead, the companies could put a simple warning about risk on the formulas’ labels.”

Hoerman argues that the manufacturers should provide clear warnings about the potential risks of NEC, rather than creating fear that the products will be removed altogether.

Outside of these state court trials, the NEC MDL in the Northern District of Illinois has seen an increase in case filings from 571 in September to 598 in October.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

The next NEC Baby Formula trial is slated to begin on October 1st, with jury selection occurring on the 30th of September.

This trial will be held in St. Louis court and is outside of the broader NEC Infant Formula MDL, similar to TorHoerman Law’s $495 million trial verdict in July of this year.

While these NEC trials are outside of the MDL, results are expected to significantly impact the outlook and developments in the consolidated lawsuit.

Hundreds of NEC Lawsuits are currently consolidated in the US District Court for the Northern District of Illinois, with countless others filed in state courts across the country.

Within the MDL, the presiding judge has officially set the order for upcoming bellwether trials and has announced the order for the first four bellwether trials in the federal multidistrict litigation (MDL).

No set specific trial dates, but the cases will proceed in the following order:

1. Trial 1: A wrongful death lawsuit involving claims against Abbott Laboratories. The case centers around the Similac formula and its alleged link to an increased risk of necrotizing enterocolitis (NEC) in a premature infant.
2. Trial 2: This case involves both Abbott Laboratories and Mead Johnson, with the child surviving NEC but suffering from severe, life-long complications after being fed a combination of Similac and Enfamil formulas.
3. Trial 3: Another wrongful death case in which both Abbott Laboratories and Mead Johnson are defendants. The trial will address claims that their Similac and Enfamil products contributed to an increased risk of NEC in premature infants.
4. Trial 4: A case against Mead Johnson, involving a wrongful death claim related to the use of Enfamil formula, with the infant succumbing to complications caused by NEC.

The bellwether trials are critical in evaluating how juries respond to evidence and legal arguments.

Although the outcomes will not be binding for other cases, they may influence the settlement value of the NEC lawsuits.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

A Connecticut family has filed a lawsuit against Yale New Haven Hospital and Yale University, alleging medical malpractice after their premature son died in 2018 from necrotizing enterocolitis (NEC).

The lawsuit, filed by the child’s mother, claims the hospital fed her son cow’s milk-based formula without her consent, leading to his illness and eventual death.

NEC, a serious gastrointestinal disease that primarily affects premature infants, causes intestinal inflammation and bacterial infection, which can result in life-threatening sepsis.

The case centers around the insistence that her son be fed only human breast milk.

Despite this, the hospital allegedly introduced cow’s milk formula into the baby’s feedings, after which the infant developed symptoms of NEC and rapidly declined in health.

Yale New Haven Hospital has filed a motion for summary judgment, seeking to dismiss the case without a trial.

The hospital argues that even infants on exclusive human milk diets can develop NEC and that the plaintiff’s expert, Dr. Jonathan Cohen, acknowledged this possibility.

However, the plaintiffs’ lawyer contends that feeding the baby formula without Hunte’s consent constitutes battery and warrants a jury trial.

The plaintiff’s argument is similar to another, where a case stemming from St. Louis claimed that Abbott knew or should have known about the increased risk of NEC associated with the formula but failed to warn parents and healthcare providers.

Abbott Laboratories was ordered to pay $495 million in damages after a jury found that its cow’s milk-based formula contributed to necrotizing enterocolitis (NEC) in a premature infant.

A decision on whether the case will proceed to trial is expected soon, with a trial tentatively scheduled for May 2025.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

A Missouri jury recently awarded $495 million to an Illinois girl who developed necrotizing enterocolitis (NEC) after consuming specialized infant formula produced by Abbott Laboratories.

This significant verdict sets a precedent for future NEC Lawsuits, particularly those involving similar claims against manufacturers of premature infant formula.

Multiple NEC trials are upcoming, with the nearest starting in St. Louis court on October 1st against Abbott Laboratories.

These upcoming trials are separate from the NEC Infant Formula MDL centralized in the US District Court for the Northern District of Illinois, and are undertaken in state courts across the country.

Bellwether trials for the NEC MDL, separate from the upcoming state court trials, are scheduled to begin in May 2025.

Important dates and deadlines for the NEC MDL include: 

• October 28, 2024: Defendants must submit reports from general and case-specific experts for all trial selections.
• November 2, 2024 – January 10, 2025: Depositions of experts will take place during this period.
• November 15, 2024: Parties are required to submit rebuttal expert reports.
• February 28, 2025: Summary judgment and/or Daubert motions for all trial selections are due.
• March 14, 2025: Replies in support of summary judgment and/or Daubert motions must be submitted.
• March 24, 2025: Hearings on summary judgment and/or Daubert motions are scheduled.

These dates are critical in shaping the direction of the NEC litigation, with each step playing a role in determining the outcome of the lawsuits currently in progress.

Our NEC Baby Formula Lawyers are accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

A Missouri jury recently awarded $495 million to an Illinois girl who developed necrotizing enterocolitis (NEC) after consuming specialized infant formula produced by Abbott Laboratories.

This significant verdict sets a precedent for future NEC lawsuits, particularly those involving similar claims against manufacturers of premature infant formula.

The NEC litigation is now moving forward with several important deadlines and events on the horizon:

• October 28, 2024: Defendants must submit reports from general and case-specific experts for all trial selections.
• November 2, 2024 – January 10, 2025: Depositions of experts will take place during this period.
• November 15, 2024: Parties are required to submit rebuttal expert reports.
• February 28, 2025: Summary judgment and/or Daubert motions for all trial selections are due.
• March 14, 2025: Replies in support of summary judgment and/or Daubert motions must be submitted.
• March 24, 2025: Hearings on summary judgment and/or Daubert motions are scheduled.

These dates are critical in shaping the direction of the NEC litigation, with each step playing a role in determining the outcome of the lawsuits currently in progress.

Our NEC Baby Formula Lawyers are accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

On July 26th, TorHoerman Law obtained a verdict of $495 million against Abbott Laboratories, the manufacturer of Similac, in a trial held in St. Louis.

The landmark verdict obtained by TorHoerman Law may have significant implications for the ongoing NEC Lawsuit.

The case handled by TorHoerman Law (Margo Gill vs Abbott Laboratories) is outside of the related NEC Baby Formula MDL currently ongoing in the Northern District of Illinois.

On July 1st, there were 534 cases pending in the Toxic Baby Formula MDL in the Northern District of Illinois.

By August 1st, this number has risen slightly to 538 filings.

The increase in filings reflects ongoing concerns and awareness about the risks associated with toxic baby formulas, as well as the major trial verdicts awarded in the past months.

Necrotizing enterocolitis (NEC) is a serious condition that affects the intestines of premature infants, often leading to severe health complications or death.

Toxic baby formulas have been implicated in increasing the risk of NEC, prompting many affected families to file lawsuits against the manufacturers for failing to warn about these dangers.

Our NEC Baby Formula Lawyers are accepting new clients.

If your child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based formula in the maternity ward or NICU of a hospital, you may be eligible to file an NEC Baby Formula Lawsuit.

Contact the experienced NEC Baby Formula Lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

TorHoerman Law is proud to announce a significant legal victory in the case of Margo Gill v. Abbott Laboratories, et al.

A Missouri jury awarded our clients, Margo Gill and her daughter Robynn, $495 million in damages. The verdict includes $95 million in compensatory damages and $400 million in punitive damages. The jury found Abbott liable on claims of negligent design, failure to warn, and strict liability.

This case centers around Robynn, a premature infant who developed necrotizing enterocolitis (NEC) after being fed Abbott’s cow’s milk-based formula.

NEC is a life-threatening condition that primarily affects premature infants, causing severe intestinal damage.

Internal documents revealed during the trial showed that Abbott knew as early as 2009 that their formula could contribute to NEC but failed to inform parents or physicians of these risks.

As a result, Robynn suffered severe, irreversible brain damage, leading to spastic quadriplegic cerebral palsy. She now requires lifelong intensive care.

“Justice was served for Margo Gill and her daughter Robynn, who suffered severe, irreversible brain damage due to Abbott’s misconduct. We thank the judge and jury for their diligent consideration in this case, and we will continue to hold Abbott accountable on behalf of the other families we represent,” stated Tor Hoerman.

This landmark case underscores our commitment to seeking justice for families affected by corporate negligence. TorHoerman Law will continue to advocate for those impacted by dangerous products.

If your child has suffered from necrotizing enterocolitis after being administered cow’s milk-based infant formula, you may be eligible to file an NEC Lawsuit and seek compensation. 

Reach out to the NEC Lawyers at TorHoerman Law for a free consultation. 

You can also use the chatbot on this page for a free and instant case evaluation.  

(THL Trial Update) On the first day of court proceedings in the St. Louis Baby Formula NEC trial, TorHoerman Law attorney-partner Jake Plattenberger presented a strong opening argument on behalf of the plaintiff.

The case, officially titled Margot Gill v. Abbott Laboratories, is a pivotal moment in the ongoing NEC litigation.

Unfortunately, proceedings were delayed yesterday due to a medical emergency involving a juror.

We wish the juror a swift recovery.

An alternate juror has been selected and the trial continues as scheduled.

This trial is critical as it addresses the serious health risks linked to cow milk-based baby formula.

(THL Trial Update) TorHoerman Law begins a crucial trial today, Monday July 8th, in Missouri state court, addressing claims that cow milk-based baby formula increases the risk of necrotizing enterocolitis (NEC) in premature infants.

The case, Margot Gill v. Abbott Laboratories, is heard by Judge Michael Noble in Missouri’s 22nd Judicial Circuit in St. Louis.

This trial is a significant step forward in the ongoing NEC baby formula litigation.

If your child has suffered from necrotizing enterocolitis disease after being administered bovine-based formula, you may be eligible for an NEC baby formula lawsuit.

(THL Trial Update) TorHoerman Law (THL) is set to begin a pivotal trial on July 8th in Missouri state court, focusing on allegations that cow milk-based baby formula is linked to necrotizing enterocolitis (NEC), a dangerous condition affecting premature infants.

This litigation involves allegations against Abbott Laboratories, contrasting the earlier case against Mead Johnson & Company, LLC.

Both companies have historically defended the safety of their formulas.

The case, officially titled Margot Gill, on behalf of herself and her minor child R.D. v. Abbott Laboratories, et al., case number 2322-CC01251, will be heard before Judge Michael Noble in Missouri’s 22nd Judicial Circuit in the City of St. Louis.

The trial is part of a series of bellwether trials, with thousands of similar cases pending and another major trial scheduled in federal multi-district litigation in early 2025.

This trial follows a prior case in Illinois where a jury awarded $60 million to a plaintiff whose premature infant tragically died from NEC after consuming cow milk-based formula.

The plaintiffs are supported by a team from TorHoerman Law and counsel from Stranch Jennings & Garvey PLLC.

Defense for Abbott Laboratories includes Winston & Strawn LLP’s Chicago office, Kirkland & Ellis LLP’s Chicago and Los Angeles offices, and Jones Day’s Washington D.C. office, along with local Missouri counsel from HeplerBroom LLC and Thompson Coburn LLP.

The trial, expected to extend through most of July, promises to be a cornerstone case with significant implications for product liability law and neonatal care standards nationwide.

Contact the experienced baby formula lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

The Toxic Baby Formula NEC lawsuit involves claims that certain baby formulas are linked to necrotizing enterocolitis (NEC), a severe intestinal condition in premature infants.

In June, there were 514 Toxic Baby Formula NEC lawsuit filings.

By July, this number increased to 534, reflecting growing awareness of the risks associated with toxic baby formula.

Toxic baby formula is claimed to increase the risk of NEC by inflaming and damaging the intestinal tissue, leading to severe complications such as infections, intestinal perforation, and even death in premature infants.

These serious health risks have prompted more families to join the Toxic Baby Formula NEC lawsuit.

Contact the experienced baby formula lawyers from TorHoerman Law today for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Baby Formula Lawsuit instantly.

A government oversight report has criticized the U.S. Food and Drug Administration (FDA) for its delayed response to manufacturing problems at a Similac infant formula plant.

Despite receiving whistleblower complaints about the Michigan facility as early as February 2021, action was not taken until significant harm had occurred.

This inaction preceded a massive recall in February 2022, involving Alimentum, Elecare, and Similac formulas contaminated with Salmonella Newport and Cronobacter sakazakii, which resulted in infant deaths and numerous illnesses.

The Department of Health and Human Services’ Office of Inspector General (OIG) found that the FDA’s policies were insufficient for managing risks associated with infant formula.

The report highlights that critical whistleblower complaints were mistakenly archived rather than escalated, causing a delay of over 15 months before the FDA addressed the issues at Abbott Laboratories’ facility.

The report outlined the FDA’s lack of authority to mandate adequate reporting from manufacturers on potential contaminations, which delayed the identification and response to the manufacturing issues.

In response, the OIG has recommended that the FDA enhance training on whistleblower policies, improve inspection procedures, and strengthen its recall authority to prevent future outbreaks.

This situation has led to more than 80 Similac food poisoning lawsuits filed by affected families.

These cases have been consolidated before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois for coordinated pretrial proceedings.

These lawsuits are separate and distinct from the NEC Baby Formula Lawsuits, although Similac products are also named in the NEC Lawsuit.

If your child or a loved one’s child consumed cow’s milk-based baby formulas and developed NEC as a result, contact us today for a free consultation. 

You can also use the chatbot on this page for an instant case evaluation and to get in touch with our NEC Lawyers.

One new plaintiff has filed a claim specifically against Mead Johnson & Company, LLC, alleging that its Enfamil infant formula contributed to the plaintiff’s child developing necrotizing enterocolitis (NEC) after being fed the cow’s milk-based formula.

The complaint details that despite mounting research indicating a higher risk of NEC from cow’s milk-based formulas like Enfamil and Similac, Mead Johnson has not taken adequate steps to mitigate these risks.

Instead, the company continues to promote these products for use in premature infants.

The legal action joins a broader series of NEC infant formula lawsuits nationwide against both Mead Johnson and Abbott Laboratories, which produces Similac.

Both companies face accusations of prioritizing profits over consumer safety by not sufficiently informing families and medical professionals of the risks associated with their products.

According to the filing, the child was born prematurely in September 2007 and was administered Enfamil premature infant formula along with Enfamil Human Milk Fortifier.

Shortly after developing NEC, there were significant health complications and long-term effects, necessitating surgery.

Neither the mother nor her healthcare providers were warned about the heightened risk of NEC linked to these formulas, particularly in premature infants.

This lawsuit is part of over 500 similar claims consolidated under U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois.

If your child or a loved one’s child consumed cow’s milk-based baby formulas and developed NEC as a result, contact us today for a free consultation. 

You can also use the chatbot on this page for an instant case evaluation and to get in touch with our NEC Lawyers.

The lawsuits concerning Toxic Baby Formula and NEC focus on claims that cow’s milk-based infant formulas contribute significantly to the development of Necrotizing Enterocolitis (NEC) in premature infants, a serious gastrointestinal problem that can lead to severe health complications or death.

The number of case filings in the NEC Lawsuit increased from 496 in May to 514 in June.

NEC primarily affects premature infants, causing inflammation and necrosis in the intestines, which can lead to perforations, severe infection, and death.

Long-term complications for survivors include intestinal strictures, and short-gut syndrome, profoundly affecting their quality of life.

Scientific research highlighted in the NEC Lawsuit points to a strong correlation between cow’s milk-based infant formulas and increased risk of Necrotizing Enterocolitis (NEC) in premature infants.

Studies show that preterm infants fed exclusively on human milk-based diets had significantly lower rates of NEC compared to those who received cow’s milk-based formulas.

Families impacted by NEC due to toxic baby formulas are advised to consult with a toxic baby formula lawyer.

If your child or a loved one’s child has consumed cow’s milk-based infant formulas and developed NEC as a result, contact us today for a free consultation. 

You can also use the chatbot on this page for an instant case evaluation and to get in touch with our NEC Lawyers.

A recent judicial directive in the NEC litigation has introduced verification protocols for lawsuits involving infant formulas, specifically targeting brands like Similac and Enfamil.

This mandate affects cases against formula manufacturers such as Mead Johnson, the producer of Enfamil.

Under the new order, plaintiffs are required to confirm the specific brand of formula—either Similac or Enfamil—allegedly linked to their claims.

For lawsuits naming Mead Johnson (Enfamil), plaintiffs must verify through hospital records or issue subpoenas to confirm that Enfamil was indeed consumed.

The judicial order specifies several critical steps for plaintiffs:

1. Plaintiffs must examine medical and feeding records to ascertain product usage before initiating legal action.
2. If the records are incomplete or do not detail the specific products used, plaintiffs’ attorneys are authorized to issue targeted subpoenas to healthcare providers to gather this requisite information.
3. Plaintiffs must furnish medical records and other pertinent documents within designated time frames.
4. In scenarios where a subpoena becomes necessary, it must be served within 21 to 30 days following the commencement of the lawsuit, depending on the specific circumstances of the case.
5. Additionally, plaintiffs may request sales and contract details from Mead Johnson if the records indicate the usage of a formula product but fail to specify the manufacturer.

This order aims to streamline the process by ensuring that only substantiated claims proceed, reducing speculative litigation and focusing resources on genuine cases of harm linked to specific products.

If investigations reveal no evidence of Mead Johnson’s products being used, plaintiffs must dismiss Mead Johnson from the lawsuit or amend the complaint accordingly.

Failure to do so may result in the dismissal of the claims against Mead Johnson.

If your child has suffered from necrotizing enterocolitis, you may be eligible to file a lawsuit. 

Contact TorHoerman Law’s NEC Lawyers for a free consultation. 

Use the chatbot on this page for a free and instant case evaluation.

On May 13, 2024, a new NEC Lawsuit was filed in the US District Court for the Northern District of Illinois.

This lawsuit is targeted at cow’s milk-based formula, specifically Mead Johnson & Company, LLC and Mead Johnson Nutrition Company.

The plaintiff alleges that their premature infant, fed with Enfamil HMF 24, developed Necrotizing Enterocolitis (NEC), leading to critical surgery.

This case stems from a diagnosis in 2006, and Mean Johnson is expected to use a statute of limitations defense to evade responsibility.

For families affected by similar circumstances, understanding the statute of limitations is crucial.

The time you have to file a NEC lawsuit varies by state but generally ranges from 2-3 years from the date of injury.

However, NEC cases often involve a “discovery rule,” which may extend the deadline based on when you discovered or should have discovered the link between the formula and NEC.

The Steps to file an NEC lawsuit include:

• Consultation: Consult with a NEC Baby Formula lawyer to assess your case and confirm eligibility.

• You can also use the chatbot on this page for an instant case evaluation.

• Gather Evidence: Compile all relevant evidence, including medical and product records.

• Filing a Lawsuit: Your lawyer will help prepare and file the necessary legal documents to initiate the lawsuit.

These formulas are often used in neonatal intensive care and have been implicated in several lawsuits.

The evidence needed in these lawsuits include:

• Medical Records: Documentation of your child’s NEC diagnosis and medical treatment is crucial, including hospital records showing administration of the formula and the subsequent medical response to NEC.

• Product Information: Evidence of the specific formula used, such as purchase receipts, hospital records, or product packaging.

• Expert Testimony: Statements from medical experts that establish a causal link between the formula consumed and the NEC developed can strengthen the case.

TorHoerman Law provides personal and confidential consultations to determine eligibility for filing a lawsuit.

We help families understand the implications of the statute of limitations and other potential challenges surrounding Toxic Baby Formula Lawsuits.

If your loved one has consumed cow’s milk-based infant formulas and developed NEC as a result, contact us today for a free consultation. 

You can also use the chatbot on this page for an instant case evaluation and to get in touch with our NEC Lawyers.

A study published by researchers from Emory University has analyzed the impact of racial disparities and the lack of access to human milk on the incidences of necrotizing enterocolitis (NEC) in infants.

The study found that Black babies are 2.5 times more likely to succumb to NEC than their white counterparts.

According to a 2011 warning by the US Surgeon General, premature infants not breastfed are significantly more susceptible to developing NEC, a severe intestinal disease primarily affecting premature infants.

Despite the critical need, Georgia lacks a single donor breast milk bank, which is a considerable barrier to providing essential nutrition that could prevent this deadly condition.

This issue was highlighted in a recent NEC failure-to-warn lawsuit in Illinois, where formula manufacturer Mead Johnson was found liable for not adequately informing about the risks associated with its cow’s milk-based formula.

The jury awarded $60 million to the plaintiffs, setting a precedent for numerous similar cases.

The study’s revelations about racial disparities and NEC’s link to premature births among Black infants spotlight broader systemic issues, like access to healthcare and other factors that can contribute to these disparities.

Hospitals like Piedmont Healthcare and Atrium Health Floyd Medical Center have initiated donor milk programs, which have notably decreased NEC cases.

The absence of a local milk bank forces these institutions to rely on out-of-state donations, however, advocates have established MedMilk, aiming to create Georgia’s first milk bank.

If your child has suffered from necrotizing enterocolitis, you may be eligible to file a lawsuit. 

Contact TorHoerman Law for a free consultation. 

Use the chatbot on this page for a free and instant case evaluation.

A total of 496 NEC Baby Formula Lawsuits are pending in the MDL according to the most recent filings.

43 new cases were sent to the MDL in the past month.

NEC Lawsuits claim that cow’s milk-based baby formula increases the risk of necrotizing enterocolitis (NEC) in premature infants.

NEC is a serious gastrointestinal problem that can be fatal.

NEC Baby Formula trials are scheduled for this summer, and our law firm is representing families of children who were harmed by toxic baby formula.

A recent trial verdict awarded $60 million to a plaintiff whose premature baby developed NEC after being fed formula manufactured by Mead Johnson.

If a loved one has consumed cow’s milk-based infant formulas and has developed NEC as a result, contact us today for a free consultation. 

You can also use the chatbot on this page for an instant case evaluation and to get in touch with our NEC Lawyers.  

A St. Clair County Jury reached a verdict in a groundbreaking case involving baby formula manufacturer Mead Johnson.

The jury held Mead Johnson liable and awarded the plaintiffs $60 million, surpassing the requested amount by $35 million.

The lawsuit alleged that Mead Johnson failed to adequately warn parents about the increased risk of NEC in premature infants fed their formula.

This trial, part of multidistrict litigation with over 330 similar lawsuits nationwide, started on February 20th and involved a Fairview Heights mother who lost one of her premature twin babies.

During closing arguments, attorneys presented conflicting opinions from neonatologists regarding the relationship between cow’s milk-based formula and NEC.

While all agreed that formula increases the risk, opinions varied on the extent of the risk.

The jury, after almost four weeks of testimony, deliberated for less than two hours before reaching a verdict.

Following the ruling, Mead Johnson expressed surprise and disappointment, emphasizing that their products offer vital nutrition for premature infants and asserting that the plaintiff’s claims lacked scientific support.

The company is evaluating options, including a possible appeal.

This case is part of a larger legal battle against Mead Johnson and Abbott, with numerous parents suing to advocate for changes in feeding practices for premature infants in neonatal intensive care units (NICUs).

The verdict specifically targeted Mead Johnson, as Abbott was not included in this lawsuit.

Research consistently indicates a higher likelihood of NEC in premature babies fed cow’s milk-based formulas, which are prevalent in the market.

If you or a loved one has a child affected by bovine-based formulas, call TorHoerman Law today to explore your legal options. 

Or use the chatbot on this page to find out if you qualify for the Toxic Baby Formula NEC Lawsuit instantly.

The NEC (necrotizing enterocolitis) Infant Formula Multi-district Litigation (MDL) has seen a rise of 16 cases, from 389 in February to 405 in March.

The increase in legal actions underlines the growing apprehensions about the alleged link between toxic baby formula and necrotizing enterocolitis (NEC) in premature infants.

The lawsuit claims that specific baby formulas, targeted towards premature infants, may increase the risk of NEC, a dangerous and often fatal intestinal condition.

The Judicial Panel on Multidistrict Litigation (JPML) is closely observing the steady rise in the number of cases, indicative of the escalating legal battle against the baby formula manufacturers.

These include giants of the industry like Abbott Laboratories, maker of Similac, and Mead Johnson, maker of Enfamil.

The accusations include product liability, negligence, and failure to warn consumers about the potential risks associated with the use of their products.

If you believe your child has developed NEC due to the consumption of these formulas, you may be eligible to participate in the NEC Infant Formula lawsuit. 

For more information and a free consultation, contact TorHoerman Law.

The chatbot on this page is also available for immediate assistance and to help determine if you qualify for this lawsuit. 

The first trial in the NEC Lawsuit is underway.

The plaintiff alleges that her son died from necrotizing enterocolitis (NEC) after being fed exclusively with Mead Johnson’s Enfamil Premature Infant Formula 24 Cal.

This case sheds light on the broader issues of racial disparities in neonatal care, as studies, including one co-authored by Dr. Ravi Patel in 2023, reveal Black premature infants face higher risks of NEC.

The NEC Lawsuit claims that Mead Johnson failed to warn parents about the NEC risks associated with their infant formula.

Several hundred NEC Lawsuits are currently consolidated in multidistrict litigation (MDL).

This trial is significant, as it not only addresses the immediate concerns surrounding infant formula risks but also calls into question the nutritional practices in neonatal intensive care units (NICUs), the accessibility of donor human milk, and the financial motivations behind formula use in hospitals.

If your child developed NEC after consuming cow’s milk based formula, you may be eligible to file an NEC Lawsuit to seek compensation. 

Use the chatbot on this page to find out if you qualify for the Toxic Baby Formula Lawsuit instantly. 

The first trial against baby formula giants Mead Johnson and Abbott has begun in Belleville, setting a historic precedent in the legal scrutiny of infant formula manufacturers.

This trial is at the forefront of litigation, alleging that cow’s milk-based formulas substantially increase the risk of Necrotizing Enterocolitis (NEC) in preterm infants.

NEC is a severe gastrointestinal disease that has been recognized by the Centers for Disease Control and Prevention as a leading cause of death in neonatal intensive care units (NICUs), accounting for approximately 10% of NICU fatalities.

The lawsuit is anchored by the distressing experience of a mother from Fairview Heights, whose premature twins were born five weeks early in 2020, with each infant weighing slightly over 3 pounds.

The transition from donor human milk to a cow’s milk-based formula for one of the twins at Memorial Hospital Shiloh resulted in the development of NEC, casting a spotlight on the critical issue of how formula companies communicate the risks of NEC to parents.

This case is one among hundreds filed across the United States, accusing Mead Johnson and Abbott of not adequately warning about the heightened risk of NEC linked to their products.

The trial, anticipated to span four weeks, is a pivotal moment that could influence the resolution of numerous similar lawsuits.

If your child developed NEC after consuming cow’s milk based formula, you may be eligible to file an NEC Lawsuit to seek compensation. 

Contact TorHoerman Law for a free consultation. 

Use the chatbot on this page to find out if you qualify for the Toxic Baby Formula Lawsuit instantly. 

Local St. Louis news station KSDK ran an in-depth story on the Leas family, who faced a traumatic experience when they learned that their premature twin, Sophia, was diagnosed with necrotizing enterocolitis (NEC).

The couple was initially unaware of the condition and were cautioned against searching for information online due to its alarming nature.

They decided to investigate and found numerous studies linking NEC to cow’s milk-based formulas, which are commonly used in hospitals across the country.

The Leas family, along with thousands of other parents across the country, is now involved in the NEC Lawsuit filed against formula manufacturers Abbott and Mead Johnson.

NEC Lawsuits aim to change the way premature infants are fed in Neonatal Intensive Care Units (NICUs).

Over 330 lawsuits have been filed nationally, with a significant number combined into multidistrict litigation and the first trial scheduled for February 20th, 2024 in St. Clair County, Illinois.

Abbott and Mead Johnson have denied the allegations, stating that their products have been extensively researched and that these claims lack merit and disputing the scientific links between NEC and cow’s milk-based formula.

The Leas family’s experience, as well as their quest for answers, is reflected in the NEC Lawsuits.

Research cited in the NEC baby formula lawsuits highlights the increased risk of NEC in exclusively formula-fed babies compared to those who receive breast milk.

Some studies even suggest a 90% lower risk of surgical NEC for preemies fed an exclusively human milk-based diet.

The Food and Drug Administration (FDA) issued a warning letter to Abbott in October 2023, stating that one of its formula products was marketed as a probiotic for preterm infants, which raised concerns about its safety and efficacy.

Alternative options for feeding preemies, such as human milk-based formulas like Prolacta, exist in some hospitals.

These products have shown promising results in reducing the risk of NEC.

If you or a loved one’s child was diagnosed with necrotizing enterocolitis after using toxic baby formula, you may be eligible to file a NEC Lawsuit. 

Contact us for a free consultation or use the chatbot on this page to find out if you qualify for the NEC Lawsuit.

In the past month, a significant development has occurred in the NEC infant formula MDL as fifteen new cases have been included, bringing the total number of pending cases to 290.

If you or a loved one’s child was diagnosed with necrotizing enterocolitis after using toxic baby formula, you may be eligible to file a NEC Lawsuit. 

Contact us for a free consultation or use the chatbot on this page to find out if you qualify for the NEC Lawsuit.

Four crucial bellwether cases have been chosen for trial in the NEC lawsuit, offering insights into how juries might respond to evidence presented in related lawsuits.

These trials involve infant deaths and severe complications resulting from NEC after using certain formulas.

While the trial dates are yet to be scheduled, they are anticipated to commence by 2024.

The results of these pivotal trials could significantly impact potential settlements and future individual trials.

It’s anticipated that a settlement concerning the NEC formula will likely occur before, during, or shortly after these trials.

There’s a suggestion that Mead and Abbott would be unwise to allow any of these lawsuits to proceed, as a substantial verdict for the plaintiffs could establish high expectations for settlement amounts, which might be challenging to negotiate down.

However, if no settlements are achieved after these four pivotal trials, Judge Pallmeyer is likely to remand many individual cases to various U.S. District Courts nationwide for their own trial dates.

If you or a loved one’s child was diagnosed with necrotizing enterocolitis after using toxic baby formula, you may be eligible to file a NEC Lawsuit. 

Contact us for a free consultation or use the chatbot on this page to find out if you qualify for the NEC Lawsuit.

The plaintiffs’ request to extend the bellwether selection date and conclude fact discovery has been both partially granted and partially denied.

NEC attorneys have been instructed to draft a mutually agreed-upon order outlining the revised discovery schedule.

They are also tasked with coordinating with the courtroom deputy to establish a date for the next status hearing, either in-person or through video conferencing.

The NEC infant formula MDL has tripled in size since the beginning of 2023 when it had fewer than 100 cases.

If you or a loved one’s child was diagnosed with necrotizing enterocolitis after using toxic baby formula, you may be eligible to file a NEC Lawsuit. 

Contact us for a free consultation or use the chatbot on this page to find out if you qualify for the NEC Lawsuit.

Attorneys Tor Hoerman and Chad Finley have been preparing to take the deposition of a defendant witness.

The trial setting is for just one case, but it has the potential to affect the litigation as a whole, moving forward with discovery and expert workup.

If you or a loved one’s child was diagnosed with necrotizing enterocolitis after using toxic baby formula, you may be eligible to file a NEC Lawsuit. 

Contact us for a free consultation or use the chatbot on this page to find out if you qualify for the NEC Lawsuit.

On July 17th, a federal judge approved a plaintiff’s attempt to seek punitive damages in the Necrotizing Enterocolitis lawsuit against Abbott Laboratories.

The plaintiff argued that Abbott withheld critical information from the medical community related to the risks of giving Similac to newborns, and this resulted in devastating and lifelong injuries in her child.

Punitive damages, which are intended to severely punish defendants so other actors do not subsequently partake in similar activities, are rare in civil lawsuits.

This approval to pursue them indicates that the plaintiff was able to provide substantial evidence indicating Abbott Laboratories deliberately hid lifesaving information from the medical community and its customers.

If you or a loved one’s child was diagnosed with necrotizing enterocolitis after using toxic baby formula, you may be eligible to file a NEC Lawsuit. 

Contact us for a free consultation or use the chatbot on this page to find out if you qualify for the NEC Lawsuit. 

In recent news, a California judge’s ruling is providing plaintiffs in the NEC Lawsuit the opportunity to amend and resubmit their complaints.

A San Francisco Superior Court judge has provisionally granted Abbott Laboratories’ request to dismiss sixteen NEC baby formula lawsuits.

The implications of this ruling might affect the statute of limitations in some NEC lawsuits.

If your child or a loved one’s child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based baby formula, you may be eligible to file an NEC Baby Formula Lawsuit. 

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Lawsuit instantly.

As of May 23rd, the number of cases consolidated in the NEC MDL remains at 166. 

On May 22nd, U.S. District Judge Matthew Kennelly dismissed lawsuits that only claimed economic losses from Abbott baby formula.

Judge Kennelly supported this decision saying that economic losses can only be claimed if the plaintiff suffered injuries from the baby formula.

This affects lawsuits attempting to claim economic losses from the formula but lack evidence indicating their product was contaminated.

Abbott also sought for Judge Kennelly to dismiss 28 cases claiming its formula had salmonella and bacterial meningitis contamination as well as eight cases claiming its formula was contaminated with heavy metals.

Judge Kennelly refused to dismiss these cases, and they are all withstanding.

If your child or a loved one’s child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based baby formula, you may be eligible to file an NEC Baby Formula Lawsuit. 

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Lawsuit instantly.

The NEC Lawsuit is ongoing and lawyers across the country are still accepting cases.

Hundreds of NEC Baby Formula Lawsuits have been consolidated into the “Preterm Infant Nutrition Products Liability Litigation” – MDL 3026 in the US District Court for the Northern District of Illinois.

The NEC MDL is moving forward with procedures to select bellwether trials, which will take place in 2024. 

Bellwether trials are a small consolidation of lawsuits, taken from a larger group of similar cases, to be tried first.

The bellwether trial is like a practice run to help anticipate the results of future similar cases.

Visit this page for more updates on the NEC Lawsuit as they become available.

If your child or a loved one’s child developed necrotizing enterocolitis (NEC) after being fed cow’s milk based baby formula, you may be eligible to file an NEC Baby Formula Lawsuit. 

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the NEC Lawsuit instantly.

The Baby Formula NEC Lawsuit is ongoing and lawyers across the country are accepting clients daily.

The FDA is making progress on issuing new standards for baby formula manufacturers.

Last month, the FDA sent a letter to all major baby formula manufacturers, packers, distributors, exporters, importers, and retailers outlining a strategy to prevent contamination of powdered baby formula products.

Since the influx of NEC Baby Formula Lawsuits and last years’ bacterial contamination of Similac and Enfamil formula, there has been increased scrutiny on the baby formula industry.

If your or a loved one’s child was fed cow’s milk based baby formula and subsequently developed necrotizing enterocolitis (NEC), you may be eligible for the NEC Baby Formula Lawsuit. 

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the NEC Lawsuit instantly. 

More and more NEC Baby Formula Lawsuits are being added to the multidistrict litigation (MDL) each month.

The case is ongoing, settlements have yet to be made, and our lawyers are still accepting new clients.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to see if you qualify for legal action instantly.

The Toxic Baby Formula NEC litigation is ongoing, and lawyers across the country are still accepting new clients and filing claims on their behalf.

Bellwether trials are currently being selected from the cases consolidated in multidistrict litigation (MDL 3026).

Cases are continually being consolidated in the MDL, and our lawyers encourage any person who may be impacted by toxic baby formula to reach out for legal guidance.

Visit this page for more updates as they become available.

Contact TorHoerman Law for a free consultation, or use the chatbot on this page to see if you qualify for a Toxic Baby Formula NEC lawsuit instantly.

The Toxic Baby Formula NEC Lawsuit is ongoing and lawyers across the country are continuing to gather clients and file claims.

Lawyers are now in the process of selecting cases for potential bellwether trials.

There is not yet a date selected for these bellwether trials to begin, as there are multiple procedural steps to go through in order to prepare these cases for trial.

Visit this page for more updates as they become available.

The Toxic Baby Formula Multidistrict Litigation (MDL 3026) is growing, with an average of about 30 cases added per month.

The MDL is centralized in the U.S. District Court: Northern District of Illinois.

Information on settlement amounts and such are still yet to be known.

Check this page for further updates as they become available.

The Toxic Baby Formula NEC litigation is ongoing.

Across the country, formula shortages have deeply affected mothers and babies.

The Abbott Laboratories facility in Sturgis, MI which shutdown in February 2022 is planning to reopen distribution on June 4, 2022.

This opening will hopefully alleviate the impacts of baby formula shortages around the country.

The U.S. Food and Drug Administration Chief has revealed the shocking conditions inside the Abbott Laboratories facility that required it be shut down:

Inspectors found a leaking roof, standing water and cracked production equipment before a facility shutdown that led to major shortages.

The Toxic Baby Formula NEC litigation is ongoing, and consumers are beginning to feel its effects.

There have been baby formula shortages across the country in the past month, partly due to Abbott’s recall of certain baby formulas that contained dangerous bacteria.

The President has even gotten involved, putting out additional steps to address the baby formula shortage at a national level.

A bill is awaiting Senate approval after being passed in the House of Representatives:

“The House voted 414-9 to approve a measure that would allow more formula to be purchased with money from a federal program that aids low-income women, infants and children.

In a more partisan 231-192 vote, the House passed a bill that would send $28 million to the Food and Drug Administration to help boost formula supply and prevent future shortages.”

Abbott Laboratories and Mead Johnson are facing lawsuits across the country.

Plaintiffs accuse the companies of failing to warn doctors and parents of the risks associated with their cow-milk based baby formulas.

The United States Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order on April 8th, consolidating all pending lawsuits into an MDL assigned to the U.S. District Court: Northern District of Illinois.

The newly created MDL will include the cases that were motioned and granted for consolidation in Madison County, IL this past winter.

The consolidation created a “mini MDL”, triggering Abbott and Mead Johnson to request that they be transferred to either Cook County or Lake County courts in the Chicago area.

Toxic Baby Formula NEC lawsuits involve Similac (manufactured by Abbott), Enfamil (manufactured by Mead Johnson), and other powdered baby formulas.

Research published in the National Library of Medicine has linked powdered formulas like Similac and Enfamil to necrotizing enterocolitis (NEC), a gastrointestinal disease that can be fatal in premature babies.