NEC Baby Formula FAQs

What Injuries Are Linked to the Baby Formulas in Question? 

Parents of premature babies are filing lawsuits against some of the largest formula manufacturers, alleging that their formulas and fortifiers—frequently used in hospitals to feed these tiny newborns—are causing serious gastrointestinal concerns. This includes: 

• NEC (necrotizing enterocolitis)
• SBS (short bowel syndrome)
• Other gastrointestinal conditions or injuries, which often require surgery

These lawsuits allege that the companies knew (or should have known) about the risk of serious complications and side effects and should have warned parents. Failure to do so, they say, is negligence. 

Who Is Eligible to File an NEC Baby Formula Lawsuit and Join the Mass Tort?

There is a mass tort underway based on the gastrointestinal injuries babies suffered after being fed the formula or fortifiers in question. Your baby was:

• Born in 2007 or after
• Born between 23 and 36 weeks of pregnancy, a premature birth
• Given a cow’s milk formula or fortifier before their diagnosis

Your baby must have been diagnosed with one of the following: 

• NEC: This is a gastrointestinal condition that causes tissue to die. Once the tissue dies, a hole may develop in the intestine, allowing bacteria to seep into the abdomen or bloodstream. Your baby could develop sepsis or require surgery.
• Short Bowel Syndrome (SBS): This condition occurs when a baby requires surgery due to NEC or another serious gastrointestinal infection. SBS can make it difficult or impossible for the baby to absorb nutrients.
• Another Gastrointestinal Diagnosis: If your baby required surgery and removal of any part of their intestines due to an infection, you could qualify. 

Contact our team to learn whether your child’s experience may meet the criteria to proceed with a NEC baby formula lawsuit. If so, we can connect you with a defective product lawyer at one of our partner law firms near you. We help people in all 50 states get justice. 

What Is the NEC Baby Formula Lawsuit? 

Hundreds of parents have filed lawsuits against baby formula companies, seeking to hold them responsible for their children’s injuries. The U.S. Judicial Panel on Multidistrict Litigation consolidated these cases into MDL – 3026 IN RE: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation in April of 2022. 

The U.S. Judicial Panel on Multidistrict Litigation listed 571 actions pending—lawsuits underway—in the MDL on September 3, 2024. This number continues to grow each month. The case, overseen by the Honorable Judge Rebecca Pallmeyer in the Northern District of Illinois, is currently in pretrial motions and discovery. 

As of September 2024, the parties have selected the first four bellwether cases. These trials will likely begin within a year. However, this timetable is not set in stone. 

Who Are the Defendants in the NEC Baby Formula Lawsuit?

The most well-known defendants in the NEC baby formula lawsuit are Abbott Laboratories and Mead Johnson & Company. They make Similac and Enfamil, respectively. 

The formulas involved in the case include: 

• Best Organic Baby Formula
• Similac Pro-Advance Baby Formula
• Enfamil
• Up & Up Infant Formula
• HappyBaby Organic

It is important to note that these formulas and fortifiers are only considered problematic in premature babies, as this is the only population where NEC is diagnosed regularly.

How Much Is a NEC Baby Formula Lawsuit Worth? 

As of September 2024, there have not been any settlement offers in MDL 3026. It is difficult to know how a settlement might look and how it might be structured. In general, parents should be able to recover money for:

• Current and future medical treatment and management
• Lost income and other financial losses
• Pain and suffering
• Related expenses

However, there have been jury awards in cases based on the same set of facts. Two recent outcomes resulted in massive decisions for the plaintiffs: 

• Reuters covered a wrongful death case where an Illinois jury awarded $60 million to a family in March 2024, holding Mead Johnson responsible for their baby’s passing.
• Fox2Now reported that a Missouri jury awarded a mother and daughter $95 million in compensatory damages and $400 million in punitive damages in July 2024.

Only time will tell if these decisions will influence settlement offers in the MDL or if those plaintiffs will recover compensation in the same range.

What Is the Deadline for Filing an NEC Baby Formula Lawsuit? 

The NEC baby formula mass tort, MDL 3026, continues to grow. In August, 33 additional plaintiffs were added to the MDL. The parties also selected four cases to serve as the initial bellwether trials, indicating they are preparing for the next phase of this process. 

How long you may have to join MDL 3026 depends on your state’s statute of limitations as it applies to injuries to children and several other factors. As of right now, plaintiffs are still able to join the mass tort. However, this will not always be the case. It is best to act now since this case is progressing quickly.