NEC & Baby Formula Lawsuits
Cow's milk-based infant formulas — including Enfamil and Similac — have been linked to necrotizing enterocolitis in premature babies. The filing period for new claims has closed.
What Is the NEC Baby Formula Lawsuit?
Necrotizing enterocolitis (NEC) is a devastating gastrointestinal disease that primarily affects premature infants. It occurs when bacteria invade the wall of the intestine, causing tissue to die and, in severe cases, the intestine to perforate. NEC is one of the leading causes of death among premature newborns, and survivors often face lifelong complications including short bowel syndrome, developmental delays, and the need for repeated surgeries.
Lawsuits were filed against Abbott Laboratories (maker of Similac) and Mead Johnson Nutrition (maker of Enfamil), alleging that their cow's milk-based premature infant formulas significantly increase the risk of NEC in preterm babies — and that the companies knew about this risk for decades while continuing to market their products to neonatal intensive care units (NICUs) without adequate warnings. The filing period for new claims in this litigation has closed.
Filing Period Closed
The courts have closed the filing period for this litigation. We are no longer accepting new clients for NEC baby formula claims. If you have a question about an existing matter, please contact our office.
Understanding Necrotizing Enterocolitis (NEC)
NEC is a medical emergency that typically develops within the first two to four weeks of life in premature infants. The disease progresses rapidly — from initial symptoms of feeding intolerance and abdominal distension to intestinal perforation, sepsis, and multi-organ failure in a matter of hours or days. Even with aggressive treatment, mortality rates for severe NEC range from 20 to 30 percent, and among the smallest and most premature infants, the rate can be even higher.
Research published in leading medical journals has found that premature infants fed cow's milk-based formula are two to four times more likely to develop NEC compared to those fed exclusively human breast milk. The American Academy of Pediatrics has recommended that premature infants receive human milk rather than cow's milk-based formula specifically because of the NEC risk — yet Abbott and Mead Johnson continued to aggressively market their products to NICUs without disclosing this risk on their labels.
Harms Suffered by Affected Infants and Families
Death
NEC is one of the most common causes of death among premature newborns. Families who lost a premature infant to NEC after the baby was fed cow's milk-based formula were among those represented in this litigation.
Intestinal Perforation & Surgery
Severe NEC causes the intestinal wall to die and perforate, requiring emergency surgery. Many infants require multiple operations, including bowel resection to remove dead tissue.
Short Bowel Syndrome
When large portions of the intestine must be removed to treat NEC, infants can develop short bowel syndrome — a lifelong condition requiring specialized nutrition support, often including intravenous feeding.
Sepsis & Organ Failure
Bacteria from a perforated intestine can enter the bloodstream, causing sepsis and potentially triggering multi-organ failure — a life-threatening emergency requiring intensive care.
Neurodevelopmental Delays
Surviving NEC is associated with significantly higher rates of neurodevelopmental impairment, including cerebral palsy, cognitive delays, and vision and hearing problems.
Lifelong Medical Needs
Children who survive severe NEC often require ongoing medical care, nutritional support, and developmental therapies for years — creating substantial financial and emotional burdens for families.