Mass Torts

NEC Baby Formula Lawsuit

Our mass tort attorneys are pursuing Enfamil and Similac lawsuits for families affected by NEC.

Schedule a Free Consultation

Schedule a Free Consultation

NEC Baby Formula Lawsuit

At Flint Cooper, we are committed to upholding the rights of parents and their children who have been adversely affected by certain toxic cow’s milk-based baby formulas. Some premature babies who were fed specific Enfamil and Similac formulas developed necrotizing enterocolitis, or NEC, a severe intestinal disorder. Mead Johnson and Abbott, the manufacturers of these products, are accused of deliberately withholding information regarding the risk of NEC associated with the use of these formulas. 

Many parents trusted that products marketed by these major baby formula brands would be safe for their child, and never expected that what was already a traumatic experience would worsen, and that their child could potentially die as a result. 

If your child was fed certain cow’s milk-based baby formulas from Similac or Enfamil, and you believe this caused their development of NEC, you may be entitled to compensation. We encourage you to schedule a free consultation with Flint Cooper at +1 618.288.4777 to discuss your legal options and potential recourse.

Trent B. Miracle
Mass Torts & Product Liability Attorney


Recovered by Flint Cooper attorneys in mass tort litigation

Latest NEC Lawsuit Updates

November 2023: There have been 15 new cases added to the MDL in the last month, with the number of total pending cases nearing 300.

November 2023: An order signed by Judge Pallmeyer on November 3, 2023, signifies the entry and continuation of Mead Johnson’s motions to dismiss, with the plaintiffs required to file their responses on or before January 6, 2024.

November 2023: U.S. District Judge Rebecca R. Pallmeyer in Illinois has identified four pivotal “bellwether” cases for trial to gauge potential jury reactions to the evidence. Two cases implicate both Abbott Laboratories (manufacturers of Similar) and Mead Johnson (manufacturers of Enfamil), one exclusively implicates Mead Johnson, and another solely involves Abbott Laboratories. Three of these cases involve wrongful death claims linked to NEC, as a result of formula consumption, while one addresses an infant that survived NEC, but endures severe complications that have required multiple surgeries. These trials, expected to commence by 2024, will significantly influence settlement payouts in the NEC class action.

October 2023: A recently signed order by the judge establishes the definition of terms and procedures agreed upon by both plaintiffs and defendants concerning the handling of NEC pathology reports and expert analyses. 

September 2023: The NEC infant formula MDL has tripled in size since the beginning of 2023 when it had fewer than 100 cases.

July 2023: Judge Pallmeyer conducted a pivotal status conference.

April 2023: Deliberations among attorneys are underway to determine the necessary course of action for the discovery process.

March 2023: Both parties are scheduled to present the scientific aspects of NEC and its correlation to cow’s milk baby formula before the court on May 3, 2023.

August 2022: Approximately 97 lawsuits pertaining to NEC claims were consolidated into an MDL by the Judicial Panel for Multidistrict Litigation.

What is NEC?

Necrotizing Enterocolitis (NEC) is a gastrointestinal disease that almost exclusively affects infants born before the 37th week of pregnancy (premature babies). It is a severe disease, and can be fatal in up to 50% of cases. 

NEC occurs when the lining of the intestinal wall dies and the tissue falls off. Because a baby’s bowels are immature and therefore sensitive, they are prone to infection. Damage to the intestinal tissues can create a hole in the intestines, allowing bacteria to enter and cause infection. While NEC is extremely serious, it can be treated if diagnosed quickly enough. Even a baby that survives the disease, however, may have to endure multiple major surgeries to treat it.

What are the NEC Lawsuits Based On?

Having a baby prematurely can be a frightening time. The growth and development of your baby in those early days and weeks is crucial, and many parents choose to use formula in order to assist in the baby’s weight gain and overall nutrition, often beginning in the NICU. No parent expects this choice to ultimately result in harming their child. 

Not only is there strong evidence linking the consumption of cow’s milk-based formula and the development of NEC in premature babies, the research indicating this has been around since 1990.

Despite multiple studies revealing the danger of giving cow’s milk to premature babies, Mead Johnson Nutrition and Abbott Laboratories allegedly did not issue warnings about NEC with their popular baby formulas, Enfamil and Similac, respectively. Lawsuits allege this failure to uphold their legal responsibility led to the serious injury and even death of some infants.

Do I Qualify To File an NEC Lawsuit?

If you or a loved one had a premature baby that was diagnosed with Necrotizing Enterocolitis, you may qualify to file an NEC lawsuit, but only a licensed NEC attorney can determine whether or not you qualify. Generally, the qualifications are as follows:

  • Your child was born prematurely (before 37 weeks of pregnancy). 
  • Your child consumed Similac, Enfamil, or any other cow’s milk-formula. 
  • Your child was later diagnosed with NEC.

How Flint Cooper Can Help

Our legal team is ready to advocate on your behalf and seek compensation for the hardships you and your child have endured. Your well-being is our priority, and we are dedicated to seeking justice for those impacted by the alleged negligence surrounding Similac and Enfamil baby formulas. Flint Cooper operates on a contingency basis, meaning you will pay zero expenses unless a settlement is won on your behalf. To schedule a free consultation please call +1 618.288.4777.

Practice Areas

Products Liability

Mass Torts

Personal Injury

Personal Injury

Government Takings

Government Takings