NEC Baby Formula Lawsuit

Free case review for families of premature babies diagnosed with NEC.

Lawsuits allege that Similac and Enfamil cow's milk–based formulas and fortifiers raised the risk of necrotizing enterocolitis in premature infants — and that the manufacturers never warned parents or hospitals. If your baby was born early, fed one of these products, and developed NEC, your family may be entitled to compensation.

✓Baby born premature — before 37 weeks
✓Fed Similac, Enfamil, or a cow's milk–based fortifier
✓Diagnosed with NEC — including cases that ended in surgery or death
Confidential Case Review - Check Now!
SSL EncryptedNo Fee Unless We WinConfidential
<37
Weeks gestation — the premature infants at risk
$495M
Jury verdict against Abbott, July 2024
$0
Cost to you — no fee unless we win
Background

Formula makers allegedly knew the risk to premature babies — and didn't warn parents.

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.

A baby bottle filled with formula resting on a white towel.
Privacy & Confidentiality

Your information is handled with the same discretion as a privileged client conversation.

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.

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Recoverable Damages

What compensation may be available.

Damages vary by case, and every family's situation is different. Common categories of damages in NEC baby formula cases include:

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 Qualify
Representation

Why Aylstock, Witkin, Kreis & Overholtz PLC?

At 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.

01

Experience with defective product litigation

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.

02

Prepared to litigate

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.

03

Contingency representation

You pay nothing up front and nothing during the case. Fees only apply if we recover compensation on your behalf.