When your baby is born prematurely, you put your trust in the NICU team and in everything used to help your child grow stronger. For many families, that trust was broken when their baby developed necrotizing enterocolitis (NEC), a serious intestinal disease that can lead to emergency surgery, lifelong complications, or the loss of a child.
Lawsuits now allege that the makers of cow’s milk-based products for premature infants knew these products raised the risk of NEC and failed to adequately warn doctors and parents. If your child developed this condition after being given one of these products in the hospital, an NEC lawsuit attorney can help you understand your family’s legal options.
Our mass tort and class action attorneys will review what happened, answer your questions, and help make sure your claim is in experienced hands. Contact Trantolo & Trantolo today for a free case review.
What Is Necrotizing Enterocolitis (NEC)?
Necrotizing enterocolitis (NEC) is a serious and life-threatening intestinal disorder that typically afflicts premature and newborn babies in the neonatal stage, within 28 days of birth. The mortality rate for babies who contract NEC can be as high as 50%.
The illness begins as inflammation in the intestines, followed by bacterial infection that causes cell damage and tissue death in the colon and intestines. Unchecked bacteria can create holes or perforations in the intestines, allowing bacteria to populate the abdominal cavity. This can eventually lead to sepsis and mortality. Infants that survive NEC can be left with significant long-term health issues, including short bowel syndrome, compromised kidney function, malnutrition, and poor brain development.
NEC affects between 2% and 5% of all premature infants, and almost 70% of NEC cases occur in infants born before 36 weeks gestation. Although necrotizing enterocolitis typically occurs in premature babies, it can also occur in full-term infants, usually within the first few days after birth.
Symptoms of NEC
NEC symptoms are not always immediately apparent. Early symptoms include lethargy and decreased movement. Parents may notice that their babies have reduced appetite, bloating, vomiting, and diarrhea. As the disease progresses, infants may have pale or blue-tinged skin and be less responsive to stimuli.
Necrotizing enterocolitis is a medical emergency. If you notice these symptoms in your newborn, seek medical attention immediately.
Why Are People Suing Baby Formula Companies Over Necrotizing Enterocolitis?
Families allege that Abbott, the maker of Similac, and Mead Johnson, the maker of Enfamil, knew their cow’s milk-based products for premature infants carried a higher risk of NEC and failed to adequately warn doctors and parents.
The claims also include cow’s milk-based fortifiers that hospitals add to breast milk to help premature babies grow. That means a baby who was fed breast milk in the NICU may still have received one of these products.
Both companies deny that their products cause NEC, so building a claim takes more than a diagnosis. A baby formula lawsuit attorney will look closely at your child’s medical history, the products used during their hospital stay, and the research behind the allegations.
Where the NEC Formula Litigation Stands Today
Families have filed roughly 1,700 lawsuits against Abbott and Mead Johnson in federal and state courts across the country. The results so far have been mixed, and the litigation is still unfolding. Here’s where things stand as of October 2026.
Federal Court
More than 800 federal NEC lawsuits have been consolidated into a single multidistrict litigation (MDL) before Judge Rebecca Pallmeyer in the Northern District of Illinois. The early test cases, known as bellwether cases, have favored the manufacturers. Abbott won pretrial rulings that ended the first three bellwether cases before they reached a jury. In September 2026, a federal jury found that Enfamil did not cause a premature baby’s NEC. Federal health agencies have also stated that there is no conclusive evidence that preterm infant formula causes NEC.
In 2024, the FDA, CDC, and NIH issued a joint statement concluding there was no conclusive evidence that preterm formula causes NEC, and that the higher risk is linked to the absence of human milk rather than to formula itself. The manufacturers have relied heavily on that position in court.
State Court
State juries have reached different conclusions. In April 2026, a Cook County, Illinois, jury awarded $70 million in four cases against Abbott. A Missouri jury’s $495 million verdict against Abbott was upheld on appeal before becoming part of a larger settlement, which is covered in the FAQ below. Not every plaintiff’s win has held up, however.
In June 2026, an Illinois appeals court reversed a $60 million verdict against Mead Johnson. Because doctors, not parents, decided what the baby was fed, the court ruled that the company’s duty to warn was owed to the physicians. That reasoning, known as the learned intermediary doctrine, could shape how future cases are argued.
Families are still coming forward, and every claim is judged on its own facts. An NEC lawsuit attorney can explain what the latest rulings mean for your child’s case.
Do I Qualify For an NEC Baby Formula Lawsuit?
Every family’s situation is different, but most NEC baby formula claims share a few key facts. Your family may have a claim if:
- Your baby was born prematurely.
- Your baby was given a cow’s milk-based formula or fortifier, such as Similac, Enfamil, or a human milk fortifier, while in the hospital.
- Your baby was diagnosed with NEC.
A claim doesn’t require that your child passed away. Families whose children needed surgery, faced a long recovery, or live with lasting complications can also pursue compensation.
You also don’t need to know which product your baby was given. Most parents don’t, because the NICU team makes those decisions, often during days when parents are focused on whether their baby will make it through the night. Your child’s hospital records can answer that question. Feeding logs, nutrition orders, and other parts of the medical chart show what your baby received and when, along with when the first signs of NEC appeared.
Those details can make or break a claim. An NEC lawsuit attorney can request your child’s complete records and help establish the timeline a claim depends on, so you aren’t left trying to piece it together on your own.
How Trantolo & Trantolo Helps Families After an NEC Diagnosis
For more than 85 years, Trantolo & Trantolo has stood up for injury victims and families during some of the hardest moments of their lives. We’re committed to helping parents get answers, understand their legal options, and fight for the justice their child deserves.
Giant companies like Abbot Laboratories have whole teams dedicated to fighting legal claims. You deserve representation from attorneys who know how to fight against giant corporations and their insurance companies. When you reach out, we’ll listen to your family’s story, explain your options in plain terms, and help you gather the hospital records your claim will need.
You’ll get clear, consistent communication along the way, and we’ll treat your family the way we’d want our own to be treated. Our goal is to make sure your claim moves forward on the right path, so you can focus on your child and your family. With Trantolo & Trantolo, you can rest assured that we will use all our resources and knowledge to get the best possible outcome for your claim.
What Compensation Can I Recover in an NEC Lawsuit?
When we join a claim to an existing NEC lawsuit, we fight to make sure your voice is heard. Our goal is to secure the maximum possible settlement or verdict for your losses, which may include:
- Medical expenses: A claim can cover the NICU stays, surgeries, medications, and follow-up care your child has already received.
- Future care: Children may need feeding tubes, IV nutrition, additional surgeries, or developmental therapies as they grow, and those costs belong in the claim.
- Pain and suffering: Your child deserves compensation for the physical pain and hardship they’ve endured.
- Wrongful death damages: When a child passes away from NEC, families may be able to recover medical and funeral expenses as well as compensation for the loss of their child.
The damages you can recover vary widely depending on the severity and extent of your infant’s illness. Trantolo & Trantolo will stand by you throughout the legal process and fight for the best possible outcome for your case. You can trust that we will not settle for less than you deserve.
Necrotizing Enterocolitis Resources for Parents
We know that it’s frustrating and scary when your child is sick. Below are a few sites that provide additional information pertaining to NEC:
- KidsHealth.org: Detailed information about NEC and related articles about premature infant care and NICU stays
- Stanford Medicine: A succinct but detailed clinical review of the condition
- NEC Society: A nonprofit organization dedicated to advancing NEC research, education, and advocacy. They have resources for families of recently diagnosed babies and bereavement support for those who have lost a child to NEC.
- Hand to Hold: An organization that offers peer support, podcasts, educational resources, and other resources for families with babies in the NICU
- NICU Helping Hands: A nonprofit organization that offers community support and financial assistance for NICU parents
You do not have to face the mental and financial challenges of your baby’s illness alone. Reach out to Trantolo & Trantolo today to discuss your legal options for recovering compensation from those responsible for your child’s condition.
Talk With Our Team About Your Family’s NEC Claim
An NEC diagnosis changes a family’s life, whether your child is still recovering or has passed away. You deserve clear answers about what happened in the NICU and whether the products your baby was given played a role.
An NEC lawsuit attorney can help you make sense of your child’s medical records, where the litigation stands, and the options available to your family. From our offices in Connecticut, Long Island and Massachusetts, Trantolo & Trantolo helps families across the country take the next step after an NEC diagnosis, and our team can assist in Spanish. Reach out today for a free, no-obligation case review.
Frequently Asked Questions
Is There an NEC Baby Formula Settlement I Can Join?
In August 2026, Abbott, the maker of Similac, agreed to pay about $670 million to resolve claims brought by roughly 2,000 families represented by three law firms. That agreement included a case in which a jury had awarded $495 million. Abbott did not admit liability, and the settlement was a partial resolution, not a global settlement with a claims program that other families can sign up for.
Many lawsuits against Abbott and Mead Johnson, the maker of Enfamil, remain pending. If your family has not yet taken legal action, your claim will need to be evaluated on its own facts, and an NEC lawsuit attorney can help you understand where it fits within the ongoing litigation.
Can I File a Claim If My Baby Was Born Full-Term or Drank Store-Bought Formula?
These lawsuits focus on premature infants who were given specialty cow’s milk-based formulas or fortifiers in the hospital. These products are made specifically for hospital use, not the everyday formula sold in stores. However, what your baby was fed at home doesn’t rule out a claim.
If your child was born premature and developed NEC in the NICU, the products used in the hospital are what count, even if you went home with a different brand. If you aren’t sure how your situation fits, a baby formula lawsuit attorney can review your child’s medical records and help you find out.
Is There a Deadline to File a Necrotizing Enterocolitis Baby Formula Claim?
Yes, there is usually a deadline to join an NEC lawsuit or file a lawsuit on your own. The statute of limitations varies depending on the state where your child was diagnosed and treated or the state where you file the lawsuit. The deadline is usually from the date your child was diagnosed or the date you discovered the link between the baby’s illness and their ingestion of cow’s milk-based formula. Many factors can affect your NEC claim filing deadline, so it’s best to speak with a mass torts attorney as soon as possible.
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