Baby Formula/NEC Mass Tort Marketing Campaigns

An appeals court in Missouri upheld a $495 million verdict against Abbott Laboratories in a case involving whether its formula for premature infants caused a girl to develop the intestinal disease necrotizing enterocolitis (NEC). It was the first trial against the company of similar claims pending in courts nationwide that now number over 1,700.

 
The July 2024 verdict came after a three-week trial in St. Louis over allegations that a girl was given Abbott’s formula for premature infants after she was born at 26 weeks gestation, causing her to develop NEC. She underwent extensive surgery due to the illness and continues to suffer from long-term health issues.

 
The jury awarded $95 million in compensatory damages and $400 million in punitive damages.

 
In its appeal, Abbott argued that the plaintiff failed to show that the formula caused her daughter’s NEC, failed to show that Abbott’s design of the formula was negligent and that the punitive damages were “grossly excessive.”

 
The appellate court disagreed with Abbott. “While we recognize an excessive award fails to serve a legitimate purpose and unjustly deprives property, we are equally cognizant that the purpose of punitive damages is to deter egregious conduct,” the court wrote. “Applying these factors, we find Abbott’s conduct significantly reprehensible.”

 
The appellate court also wrote that the “jury found Abbott’s preterm formula caused substantial, extensive, permanent physical harm to Infant who will require comprehensive daily care for the remainder of her lifetime. Further, Abbott specifically designed its preterm formula for the population exposed to the most risk and yet failed to mitigate any danger by warning the consumer or actively changing the ingredient profile. Lastly, the product is still in the market without an NEC warning.”

 
The first federal bellwether trial in the infant formula NEC MDL is scheduled to begin on July 6, and the second is due to start on August 10. The trials represent nearly 800 federal cases brought by families who say Similac and Enfamil manufacturers knew, or should have known, that cow’s milk-based formula dramatically increases the risk of NEC in premature infants but did not warn consumers.

The NEC baby formula multidistrict litigation in the Northern District of Illinois increased by 15 cases over the past month, with 797 pending lawsuits at the beginning of May.

 
One of the new lawsuits in the MDL was filed by a California family who alleges their premature infant developed necrotizing enterocolitis (NEC) after being fed Enfamil cow’s milk-based products at Kaiser Permanente South Bay Medical Center.

 
The complaint states that the child, born at 32 weeks, received Mead Johnson products in early 2010, and was diagnosed with NEC twice that February. The family claims the companies knew or should have known that cow’s milk-based formula and fortifier products increase the risk of NEC in premature infants, but failed to adequately warn parents, physicians, hospitals, and medical providers.

A jury in Cook County, Illinois said that Abbott Laboratories must pay $70 million in damages to a group of families that accused the company of failing to warn that its formula for premature infants can cause a potentially deadly bowel ​disease, necrotizing enterocolitis (NEC).

 
The jury decided that Abbott should pay $17 million in punitive damages, on top of $53 million in compensatory damages that were awarded, in four cases in which mothers alleged the company’s formula caused their babies to become severely ill. The babies were all born at local hospitals before 32 weeks’ gestation between 2012 and 2019, and all developed NEC after consuming Abbott’s Similac Special Care.

 
The jury found Abbott liable on all three counts against it for each child. The jury found that the formula was defective, that Abbott failed to warn about its dangers and that Abbott was negligent.

 
The decision followed a monthlong trial that was the first against Abbott in an Illinois state court over whether its formula for babies born prematurely causes NEC. The trial was closely watched because of its potential implications for over 1,700 similar lawsuits against Abbott filed by families nationwide.

 
Sean Grimsley, an attorney for ​the plaintiffs, said in a statement after the verdict that it “reveals the truth that Abbott hid from the public.”
“No amount of money can ⁠help these families recover from this terrible disease, but today’s verdict provides a measure of justice for families who were kept in the dark,” Grimsley said.

 
In a statement, Abbott said it would appeal the verdict. “Science was ignored in this case,” the company said. “This verdict, and the continued ​pursuit of a theory at odds with regulators and the medical community, risks eliminating vital options for doctors and the most vulnerable infants.”

A trial was scheduled to begin in Cook County circuit court in Chicago over claims by four families that baby ​formula made by Abbott Laboratories caused their premature infants to develop a serious bowel disease, necrotizing enterocolitis. (NEC)

 
The lawsuits, consolidated into one trial, allege that their babies born prematurely between 2012 and 2019 are suffering from long-term health problems as a result of consuming Abbott’s cow’s milk-based products.

 
They contend that Abbott failed to provide warnings about the risks of its products, was negligent, and misrepresented the safety of the products.

 
Abbott denies the allegations, stating that the babies’ injuries were “the result of unavoidable circumstances” and that the “benefits of Abbott’s products outweigh the risks, if any, that might be associated with the product.”

 
Of the over 1,700 lawsuits filed nationwide against Abbott over the issue, two cases had previously gone to trial in Missouri state court. In one of the cases, the jury returned a $495 million verdict against Abbott.

At the start of February, there were 775 pending lawsuits in the NEC baby formula multidistrict litigation in the Northern District of Illinois, an increase of six from the previous month. Additional lawsuits remain active in state courts.

 
Lawsuits against Abbott Laboratories allege that its cow’s milk-based formula, Similac, caused necrotizing enterocolitis (NEC), a severe intestinal disease, in premature infants and that the company failed to warn of the risks.

 
It was reported that Abbott has signaled that it may stop making some kinds of infant formula unless Congress and U.S. health officials take action to protect it from liability.

In a verdict that could shape future NEC baby formula lawsuits, a Connecticut state court awarded nearly $32 million to the parents of a premature infant who died after developing necrotizing enterocolitis (NEC). It was determined that the hospital failed to obtain informed consent before feeding the baby a cow-milk–based fortifier.

 
The parents had insisted the hospital only feed the child breast milk. When the baby struggled to gain weight, the hospital asked the parents whether it could add a human milk fortifier to the breast milk but did not tell the parents that the fortifier was made from cow’s milk-based formula.

 
Judge Karen Goodrow awarded the damages after finding the hospital’s decision was “the proximate cause” of the disease that killed the infant. The judge awarded 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 not given the opportunity to make an informed decision.

 
In previous NEC cases, parents have sued the company that manufactured the cow’s milk-based product and the hospital that fed it to their child. This is one of the first suits that only named the hospital.

 
As of January 2026, there were 769 necrotizing enterocolitis baby formula lawsuits pending in the MDL before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois.

As of the beginning of December there were 774 pending lawsuits in the NEC baby formula MDL before Judge Rebecca R. Pallmeyer in the Northern District of Illinois, an increase of 19 new cases from the previous month.

 
Other cases are proceeding in various state courts, including Missouri, Illinois and California.

 
The judge issued Case Management Order 15, the protocols for selecting cases for the second wave of bellwether trials. The first second-wave bellwether trial is now set for August 3, 2026. The second is scheduled for November 2, 2026, and the third is set for February 1, 2027.

 
Plaintiffs’ Co-Lead Counsel was directed to provide to Abbott their selection from among the eligible cases for the first second wave bellwether trial, while Abbott was directed to provide to Plaintiffs’ Co-Lead Counsel its selection from among the remaining eligible cases for the second trial.

Abbott Laboratories prevailed in a lawsuit claiming its Similac infant formula caused the death of a baby from necrotizing enterocolitis. (NEC) A summary judgment was entered in favor of the defendants in the case before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois, Brown v. Abbott.

 
The case involved a pre-term infant who died of NEC days after being fed cow’s milk products made by the company. The plaintiff’s lawyers were unable to prove that there was another viable option for feeding the infant. The judge determined that there was no feasible alternative to the Similac formula that was fed to the infant in question. The case was one of an initial group of four bellwether cases, the first two of which ended in summary judgment for Abbott. The judge ordered the two sides to begin work on a second wave of bellwethers and expedite the discovery process so that the first trial can begin in August 2026.

 
At the start of November there were 755 pending cases in the NEC baby formula MDL, a drop of six cases from the previous month as more plaintiffs file lawsuits in state courts.

At the start of October there 761 pending lawsuits in the NEC baby formula MDL before Judge Rebecca R. Pallmeyer in the Northern District of Illinois.

 
With bellwether trials now scheduled for August 2026, Judge Pallmeyer has directed both sides to move forward “as soon as reasonably possible” with case-specific discovery. A pre-trial conference was scheduled for October 30 to continue the process of finalizing the discovery timeline and trial structure.

 
The first and second bellwether trials that had been scheduled for April 2025 were dismissed by the judge after she determined the plaintiffs lacked sufficient evidence to pursue their claims that cow’s milk-based infant formula caused premature babies to develop a life-threatening gastrointestinal condition known as necrotizing enterocolitis.

A revised case management order was issued in the NEC infant formula MDL aimed at clarifying the number of cases in the litigation. U.S. District Judge Rebecca Pallmeyer ordered a detailed census process to account for every plaintiff.

 
Lawyers for the plaintiffs will be required to submit electronic census forms. One form is set aside for cases that have already been filed in the MDL while the other, the non-MDL Census Form, is for cases filed in other courts or law firm clients who have not yet filed a lawsuit. The forms must be submitted completely, with no objections and with supporting medical records.

 
This order will help the court determine how many of the claims are ready to proceed so that it will help accelerate the process of moving toward a settlement.

The number of pending lawsuits in the NEC infant formula MDL rose to 759 at the beginning of August, an increase of 15 from the previous month. The litigation, MDL 3026, is before U.S. District Judge Rebecca Pallmeyer in the Northern District of Illinois.

The plaintiffs received a boost when the court partially agreed with their request to block several defense experts who asserted that cow’s milk-based formula does not cause necrotizing enterocolitis. Among those partially excluded was Dr. Larry Hedges, one of the lead experts for Mead Johnson. The court said he will not be permitted to testify about any analysis that relied on what he admitted was faulty data that made the formula appear to be safer. The ruling also noted problems with the selection of studies by other defense experts.

One of this month’s newest lawsuits in the NEC baby formula MDL was filed in New Jersey state court by a Kansas City family. They allege that their premature infant developed necrotizing enterocolitis after being fed cow’s milk-based formula while hospitalized in a New Jersey NICU. The child was allegedly fed the bovine-based formula products manufactured by Abbott and Mead Johnson shortly after birth and began showing signs of gastrointestinal distress within weeks.

The number of cases in the NEC infant formula MDL increased by four over the previous month to a total of 744 at the start of July. Claims continue to be filed after U.S. District Judge Rebecca Pallmeyer in Illinois issued an important ruling that allowed plaintiffs’ key causation experts to proceed.

U.S. District Judge Rebecca Pallmeyer in Chicago decided that she will allow expert testimony that formula made by Abbott Laboratories and Reckitt Benckiser subsidiary Mead Johnson for premature babies can cause a fatal intestinal illness. The ruling means experts will be allowed to testify in future trials over claims that cow’s milk-based formulas made by Abbott and Mead Johnson cause the illness in some premature babies.

At last count there were 710 active lawsuits filed by plaintiffs alleging that Similac and other cow’s milk-based formulas caused their babies to develop necrotizing enterocolitis.

The first bellwether case in the NEC baby formula MDL that was slated to go to trial was dismissed by U.S. District Judge Rebecca Pallmeyer in Chicago

The judge entered summary judgment in favor of Abbott Laboratories, ruling against the family of RaiLee Mar. The infant was born prematurely and died of necrotizing enterocolitis after receiving some of Abbott’s formula. But the judge found that the plaintiffs failed to show that the company’s alleged failure to warn doctors and Mar’s family about the risks of the disease was the cause of Mar’s illness.

The ruling was limited to the specific facts of Mar’s lawsuit and was not intended to set a precedent for other claims in the MDL. The court is scheduled to hear three additional bellwether cases about the matter, with the next trial scheduled to begin in August.

Pallmeyer also said she will allow expert testimony in future trials that formula made by Abbott Laboratories and Reckitt Benckiser subsidiary Mead Johnson for premature babies can cause necrotizing enterocolitis.

20 more lawsuits were initiated last month in the NEC baby formula MDL, increasing the total number of cases to 683.

Filings are expected to surge again when the first bellwether case heads for a federal trial beginning next month.

The trial will be Ericka Mar, as Administratrix of the Estate of RaiLee Mar v. Abbott Laboratories, which centers on an incident from 2014 where a premature infant, RaiLee, died after being fed Abbott’s Similac formula and died shortly after. The lawsuit cites numerous studies demonstrating potential links between premature infants who consume cow’s milk formula and the development of NEC.

At the start of the month, the NEC baby formula MDL recorded a total of 663 pending cases, with 63 new cases having been added over the course of February.

By mid-month, a Missouri judge had overturned the only defense verdict in the litigation, as Abbott and Mead Johnson were found to have repeatedly violated court orders to mislead jurors. The court cited improper expert testimony, inadmissible evidence, and fear-based arguments. This decision not only nullifies their sole victory but also highlights a pattern of bad-faith tactics. With the verdict cancelled out and sanctions already in place, plaintiffs gain major ground. While Abbott and Mead plan to appeal, the defense has lost its only foothold for the time being.

As of February 2025, 648 baby formula NEC lawsuits remain pending in MDL 3026 before Judge Rebecca Pallmeyer in the Northern District of Illinois. While no settlements or jury verdicts have been reached in the MDL, state courts have seen mixed results. In 2024, Illinois and Missouri juries awarded plaintiffs $60 million and $495 million, respectively, while another Missouri trial favored the defense. With the first MDL bellwether trial set for May 5, defendants have moved for summary judgment. That decision could significantly impact the litigation’s outcome.

At the start of the month, the Baby Formula NEC MDL recorded a total of 632 pending cases, having added 6 new cases involving 6 preterm infant formula NEC cases in the previous month.

A schedule for the first four bellwether trials has been established as such:

1. May 5, 2025: Mar v. Abbott Laboratories
2. August 11, 2025: K.B. v. Abbott Laboratories
3. November 3, 2025: Brown v. Abbott Laboratories
4. February 2, 2026: Inman v. Mead Johnson & Company, LLC, et al.

While a status conference in the MDL was scheduled for January 9, 2025, it was postponed and has yet to be re-scheduled.

At the start of December, a total of 626 cases in the NEC infant formula MDL were recorded, with 26 new cases having been added in the previous month.

This month, the Judicial Panel on Multidistrict Litigation also denied a motion to remand a lawsuit to California state court, keeping it in the NEC MDL in Illinois federal court. The case involves allegations that Similac and Enfamil formulas caused necrotizing enterocolitis in a premature baby. Meanwhile, state court NEC cases have yielded significant verdicts, including $495 million in Missouri.

November 26, 2024 

Judge Pallmeyer will hold a status hearing on December 19, 2024, at 2:00 p.m. Key topics may include bellwether trial updates, discovery progress, and settlement discussions, with both parties addressing trial readiness and any unresolved issues affecting the case timeline.

November 1, 2024

Since October, 26 news cases have been added, with total filings now exceeding 600. State court litigation is driving the pace and tone, outpacing the MDL and prompting more plaintiffs to pursue state-level claims.

October 31, 2024

Kirkland & Ellis partner James Hurst was sanctioned in the NEC baby formula trial, barred from presenting evidence or delivering closing arguments. Judge Michael Noble cited repeated violations of court orders and described Hurst’s actions as bad-faith tactics aimed at swaying the jury and provoking a mistrial.

October 26, 2024

The defense has called Dr. David Stevenson, who testified that Kaine Whitfield’s intellectual impairments may stem from a genetic condition, possibly Kabuki syndrome. The family maintains these issues are linked to necrotizing enterocolitis, allegedly caused by Abbott and Mead cow-milk formulas given after his premature birth.

October 7, 2024

Testimony continues in the latest NEC baby formula trial, Whitfield v. St. Louis Children’s Hospital. The plaintiffs allege that infant formulas caused their premature son to develop necrotizing enterocolitis, resulting in severe and lasting injuries. The case highlights growing scrutiny of manufacturers’ product safety.

October 1, 2024

The NEC infant formula MDL has grown by 27 cases since last month. At the start of October,  the total is at 632 cases.