Necrotizing enterocolitis (NEC) is a devastating intestinal disease that strikes premature infants, most often in the neonatal intensive care unit. Inflammation causes the tissue of the intestine to die, which can lead to perforation of the bowel, infection and sepsis, emergency surgery to remove damaged intestine, lasting scarring and strictures, cerebral palsy and neurological damage — and, in many cases, death. Lawsuits against Abbott Laboratories, maker of Similac and Similac Human Milk Fortifier, and Mead Johnson, maker of Enfamil, allege that preterm infants fed cow's milk–based formula and fortifiers face a significantly higher risk of NEC than babies fed breast milk or donor human milk.
Families allege the manufacturers knew of that risk and marketed these products for premature babies anyway, without warning parents or hospitals and without steering them toward safer human-milk-based alternatives. Federal cases have been consolidated in In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, MDL No. 3026 in the Northern District of Illinois, while other cases proceed in state courts. In July 2024, a Missouri jury returned a $495 million verdict against Abbott — including $400 million in punitive damages — in the case of a premature infant who developed NEC after being fed Similac products. Trials since have reached mixed results, and every case turns on its own facts.
If your premature baby was fed Similac or Enfamil formula or fortifier and was diagnosed with NEC — whether they recovered, needed surgery, or passed away — your family may be able to hold the manufacturer accountable.

Every detail you share through this case review — your baby's birth and NICU history, the formula or fortifier they were fed, their diagnosis and treatment, and how NEC has affected your family — stays between you and our intake team. We do not sell, rent, or share your information with third parties, and your participation is never made public.
Damages vary by case, and every family's situation is different. Common categories of damages in NEC baby formula cases include:
Extended neonatal intensive care, bowel rest and IV nutrition, antibiotics for infection and sepsis, imaging and lab work, and every additional hospital day NEC added to your baby's stay.
Emergency abdominal surgery, removal of damaged or perforated intestine, ostomy placement and reversal, treatment of strictures and scarring, and any follow-up operations NEC made necessary.
Ongoing care for short bowel syndrome, feeding tubes and specialized nutrition, gastroenterology and surgical follow-up, and treatment for complications that can continue well into childhood and beyond.
Therapy, early intervention, special education, and lifetime support for cerebral palsy, neurological damage, and developmental delays that can follow a severe NEC diagnosis.
Wages lost while sitting at a NICU bedside, caring for a medically fragile child at home, and attending the appointments, therapies and procedures that follow.
The physical pain your child endured, the emotional distress your family has carried, and the diminished quality of life caused by a disease the formula makers allegedly knew could follow their products.
When NEC took a baby's life, families may pursue funeral and burial costs, the loss of a child's companionship, and the grief that no family should have to bear.
Where a manufacturer knew of the risk and chose not to warn, juries may award additional damages meant to punish that conduct — as one did against Abbott in 2024.
Claims in the NEC litigation generally rest on failure to warn, defective design, and negligent marketing — the allegation that the manufacturers sold cow's milk–based products for premature infants without disclosing the NEC risk or pointing hospitals and parents to human-milk alternatives. Punitive damages may be available where a manufacturer is shown to have known of the risk and concealed it. Filing deadlines vary by state and can be short, especially in cases involving a child's death, so it is worth having your case reviewed now.
See if You QualifyAt Aylstock, Witkin, Kreis & Overholtz PLC, we represent families whose premature babies developed necrotizing enterocolitis after being fed cow's milk-based formula or fortifier. Our attorneys work closely with each family, with the compassion and care these cases demand, to pursue accountability from the manufacturers that allegedly put profits ahead of the safety of the most vulnerable infants.
Our attorneys handle complex product liability cases against large manufacturers — cases built on internal documents, medical records, and expert testimony about what a company knew and when. The team reviewing your case has worked in this category before.
We come ready to take cases through to trial when defendants resist a fair resolution. The credible threat of trial is what drives settlements — and it's a posture not every firm can credibly hold.
You pay nothing up front and nothing during the case. Fees only apply if we recover compensation on your behalf.
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This site contains general information that may not reflect the most current legal developments and assumes findings of fact for illustrative purposes only. A detailed analysis of your specific case would be necessary to provide an accurate assessment of potential compensation. There is no guarantee that a court or arbitrator will rule in your favor. Viewing this website does not create an attorney-client relationship. It is not intended as legal advice. For legal advice, please consult an attorney at Aylstock, Witkin, Kreis & Overholtz PLC. Past results do not predict future outcomes and do not guarantee any specific result.