NEC Lawsuit
If your preterm infant was diagnosed with necrotizing enterocolitis (NEC) in the first weeks of life, cow milk formula may have been a contributing factor. Infant formula companies, such as Similac and Enfamil, may be liable for failing to disclose the dangers of their products to parents.
Families nationwide are filing lawsuits against these companies for their carelessness, and some are already receiving compensation. For example, in July 2024, a jury ordered Similac manufacturer Abbott Laboratories to pay $495 million for a premature infant’s neurological damage caused by NEC. Similar results may follow as more cases settle or go to trial.
What Is Necrotizing Enterocolitis (NEC)?
NEC is a gastrointestinal illness in which bacteria invade the intestinal walls, which leads to inflammation and destruction of the intestinal cells. It primarily affects premature infants, and up to half of all infants with NEC die.
NEC can cause the intestines to tear open, leaking contents into the abdominal cavity. This can cause sepsis, which occurs when the immune system releases chemicals into the bloodstream that cause widespread inflammation. The body can also respond by attacking its own organs. NEC can also cause peritonitis, an infection of the abdominal lining. Both of these complications can be life-threatening for infants.
What Causes NEC?
Baby formula is a primary risk factor for NEC. The risk is particularly high with high-osmotic-strength formulas containing additional nutrients to promote growth. By contrast, human breast milk has antibodies and immune cells that may prevent NEC.
NEC usually occurs in an infant’s second or third week of life. Premature infants are at a higher risk for NEC due to their fragile digestive system and need for high-osmotic-strength formulas.
Scientific Evidence Linking NEC and Cow Milk Formula
The science linking NEC and cow milk infant formula is built on over 30 years of evidence. In 1990, a study of 926 preterm infants found that formula-fed infants were 6 to 10 times more likely to develop NEC than infants fed only breast milk. The link was even stronger in infants born at more than 30 weeks gestation—NEC was 20 times more common in those fed formula only than in those fed breast milk.
A more recent study conducted in 2014 also found a link between NEC and cow milk formula. It concluded that baby formula increased the risk of NEC in preterm and low-birth-weight infants compared with donor breast milk.
A more recent 2016 study of 1,587 extremely premature infants found that 16.7 percent of infants fed a combination of breast milk and cow milk formula developed NEC compared to only 6.9 percent of infants fed exclusively breast milk. Yet another study from 2024 showed that human milk from donors reduces the risk of NEC by about half in high-risk infants.
Why Are Parents Filing NEC Lawsuits?
Parents have filed lawsuits against some of the most popular infant formula brands in the United States, including Enfamil by Mead Johnson and Similac by Abbott Laboratories, for causing NEC.
The lawsuits allege that the formula manufacturers failed to warn parents of the increased risk of NEC in premature infants fed cow milk formulas. Some even claim that the companies intentionally concealed the risk from parents. If the parents had known, they could have chosen a different option for their child, potentially preventing their NEC.
Marie Smith’s daughter, Amirea, is just one infant who suffered from NEC after being fed cow milk formula. Amirea died of NEC less than a month after her preterm birth. Smith joined a lawsuit against both Mead Johnson and Abbott Laboratories for their alleged failure to warn.
Another mother, Jasmine Watson, filed a lawsuit against Mead Johnson for its involvement in the NEC-related death of her preterm baby, Chance Dean. Watson won a $60 million verdict.
Who Qualifies to File an NEC Baby Formula Lawsuit?
You may be eligible to file a lawsuit against a formula manufacturer if your child developed NEC after being fed cow milk formula. The evidence in your NEC infant formula lawsuit may be particularly strong if your baby was born prematurely or had a low birth weight.
There are many NEC baby formula lawsuits involving Enfamil and Similac formulas. However, you may have a case if your child consumed other cow milk formula brands, including Gerber, Earth’s Best, Happy Baby, Kendamil, PediaSure, Parent’s Choice, and Bobbie.
Have Enfamil and Similac Formulas Been Recalled Yet?
Certain Enfamil and Similac formulas have been recalled for potential bacterial formula contamination and product tampering. However, these formulas have not been specifically recalled for their link to NEC.
Latest Updates on NEC Lawsuits
Parents have filed NEC lawsuits across the country. Hundreds of lawsuits are in multidistrict litigation (MDL) in the U.S. District Court for the Northern District of Illinois. MDLs consolidate similar lawsuits to streamline the legal process. Other MDLs are also pending, for example, in the Northern District of California.
The first four bellwether trials in the Illinois MDL are scheduled for May 2025 through February 2026:
- May 5, 2025 – Mar v. Abbott Laboratories, Case No. 1:22-cv-00232
- August 11, 2025 – K.B. v. Abbott Laboratories, Case No. 1:22-cv-05356
- November 3, 2025 – Brown v. Abbott Laboratories, Case No. 1:22-cv-02001
- February 2, 2026 – Inman v. Mead Johnson & Company, LLC, et al., Case No. 1:22-cv-0373
A bellwether trial is a test case to see how the other NEC lawsuits may play out. The formula manufacturers may propose a settlement agreement before these cases reach trial, but it’s too early to tell.
Hire an NEC Lawyer
It is possible to hold formula companies legally accountable for their failure to disclose known health risks associated with their products. However, you have limited time to take legal action through an NEC lawsuit. Each state has a statute of limitations that sets a deadline for filing your claim, so it’s important to act quickly.
Keep Food Safe can connect you with a skilled attorney experienced in handling mass tort cases. If your child developed NEC after being fed cow milk formula, contact us today to learn about your legal rights and options in a free consultation.
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