If your premature baby developed necrotizing enterocolitis (NEC), short-bowel syndrome, or other serious gastrointestinal injuries which required medical intervention after being fed Similac or Enfamil in the NICU, you may have a legal claim. MDL 3026. Verdicts up to $495 million. Free case review.
Start Your Free Case Review →When a baby is born prematurely, parents face unimaginable fear and uncertainty. NICU teams work around the clock to keep these fragile infants alive, and parents place their trust entirely in the medical system and the products it uses. What many parents were never told was that a growing body of scientific research had shown that feeding premature infants cow’s-milk-based formula — products like Similac and Enfamil — significantly increases the risk of necrotizing enterocolitis (NEC), a catastrophic intestinal disease that can kill or permanently injure premature babies.
The manufacturers of these formulas — Abbott Laboratories (Similac) and Mead Johnson/Reckitt Benckiser (Enfamil) — had access to the science linking their products to NEC. The lawsuits allege they chose profit over safety, continuing to market their formulas for use in NICUs without adequate warnings to doctors or parents. If your premature baby developed NEC after being fed Similac or Enfamil in the hospital, you and your family may have the right to seek compensation.
Necrotizing enterocolitis (NEC) is one of the most serious and feared complications in neonatal medicine. It occurs when the tissue of the intestine becomes inflamed and begins to die, sometimes rapidly. In severe cases, the intestinal wall ruptures, releasing bacteria into the abdominal cavity and causing life-threatening sepsis.
NEC is a medical emergency. Treatment may require immediate surgery to remove the affected portions of the intestine. Infants who survive severe NEC may be left with short gut syndrome, requiring feeding tubes and IV nutrition for years or life. Some infants do not survive.
Premature infants — particularly those born before 28 weeks of gestation — are most vulnerable. The immature gut of a preterm baby is particularly ill-equipped to handle the proteins and other components of bovine-based formulas, making it especially susceptible to the inflammation that leads to NEC.
The scientific literature linking cow’s-milk-based formula to elevated NEC risk in premature infants is substantial and long-standing. Studies published in leading peer-reviewed journals, including analyses conducted over multiple decades, have consistently found that premature infants who receive cow’s-milk-based formulas or fortifiers face significantly higher rates of NEC compared to those fed with human donor milk.
The lawsuits allege that Abbott and Mead Johnson were aware of this research, that their own internal documents reflected knowledge of the risk, and that despite this knowledge they continued to market Similac Special Care, Similac Human Milk Fortifier, Enfamil Premature, and Enfamil Human Milk Fortifier for use in NICUs — without warnings about the NEC risk and with marketing suggesting these were the appropriate and safe choice.
State court juries have spoken clearly in early NEC cases:
782 cases pending in MDL 3026. As of April 2026, the federal MDL before Judge Rebecca R. Pallmeyer in the Northern District of Illinois contains 782 active cases, with additional cases active in state courts across the country.
No global settlement. Despite the massive state-court verdicts, no global or programmatic settlement has been announced. The MDL is proceeding toward additional bellwether trials, which are expected to run through 2027.
Bellwether trials scheduled through 2027. Federal bellwether trials are scheduled for July 6, 2026; August 3, 2026; November 2, 2026; and February 1, 2027. These test cases will shape the litigation’s trajectory and are expected to intensify pressure on Abbott and Mead Johnson to negotiate a resolution.
Scientific experts cleared. The court has allowed key plaintiff experts on NEC causation to testify, clearing a critical procedural hurdle and strengthening the litigation’s foundation.
Your family may have a claim if:
These cases can be filed on behalf of surviving infants who suffered serious injury, and as wrongful death claims by families whose baby did not survive NEC. If you are not sure whether your baby’s formula qualifies, contact us — we can help review the specific products involved.
The statute of limitations varies by state. For cases involving minors, many states toll (pause) the limitation period until the child turns 18, or in the case of wrongful death, from the date of death. Do not assume it is too late — consult with an attorney who can evaluate your specific timeline and state law.
Yes. Hospital records typically document everything given to NICU patients, including formula type and brand. Attorneys experienced in this litigation know how to obtain those records through medical records requests and discovery.
Not necessarily. The exposure to cow’s-milk-based formula is still relevant even if donor milk was also used. The question is whether the formula exposure contributed to the NEC diagnosis. An attorney will evaluate the full picture of your baby’s feeding history.
The federal MDL is based in Illinois, but many NEC families have also filed in state courts closer to home. Your attorney will advise on the best venue for your claim based on where you live and the facts of your case.
No parent should have to watch their premature baby suffer from NEC — especially when the companies supplying that baby’s only nutrition knew of the risk and said nothing. The doctors and nurses who cared for your child were doing their best with what they were given. The companies that manufactured the formula had a different obligation — and the evidence suggests they failed to meet it.
Get a free, no obligation case evaluation here.