Having a baby is one of life’s greatest joys, but when a child is born prematurely and must stay in the NICU, it can also be one of the most stressful experiences for any parent. To help preemies grow stronger, doctors often rely on preterm infant formula to supplement or replace breast milk. But recent NEC preterm baby formula lawsuits allege that cow’s milk-based formulas by major brands like Similac and Enfamil may be linked to a dangerous condition called necrotizing enterocolitis (NEC)—and that the manufacturers failed to warn families of the risks.
If your premature baby developed NEC after being fed a preterm infant formula, you are not alone—and you may have legal options. At Herman, Katz, Gisleson & Cain, we understand how devastating it is to watch your newborn suffer. We’re here to help families like yours seek answers, accountability, and compensation.
What Is NEC and Why Is It So Dangerous?
NEC is a serious intestinal disease that mainly affects premature babies. It causes inflammation and infection in the intestines, which can lead to tissue death and, in severe cases, require surgery to remove part of the bowel. Studies show that 50% of NEC infant cases require surgery. Some babies face lifelong complications, and tragically, some do not survive. Premature babies are especially vulnerable because their digestive and immune systems are not fully developed.
Early NEC symptoms include:
- Swollen or tender abdomen
- Feeding intolerance
- Bloody stools
- Trouble breathing or a low heart rate
- Lethargy or decreased bowel sounds
The Link Between Preterm Infant Formula and NEC
Numerous studies have shown that premature infants fed cow’s milk-based formula are significantly more likely to develop NEC compared to those fed human breast milk. Despite this, major formula manufacturers like Abbott Laboratories (maker of Similac) and Mead Johnson (maker of Enfamil) continued to market their products for preemies—often without adequate warnings about the serious risk of NEC.
Parents across the country are filing lawsuits alleging that the manufacturers knew or should have known about the risks of NEC from cow’s milk-based formula, failed to warn doctors and families about the dangers, and marketed their products as safe for preterm infants, despite mounting evidence to the contrary. NEC lawsuits seek justice for families who have endured emotional trauma, costly medical bills, and—in the most heartbreaking cases—the loss of a child.
What’s Happening with NEC Litigation?
The number of NEC lawsuits has grown significantly. Many cases have been consolidated in a Multidistrict Litigation (MDL 3026) in Illinois federal court, helping streamline the process and ensure consistent rulings.
A setback for families in NEC cases occurred when the first scheduled bellwether trial in the NEC MDL was recently dismissed. The judge found insufficient evidence linking the baby’s death to the formula in that particular case. While this is a disappointing result for plaintiffs, it’s not the end. More bellwether trials are set to begin later in 2025 and 2026, and every case differs. A dismissal in one does not determine the outcome for others.
Other verdicts have favored plaintiffs. Recent NEC verdicts include a jury awarding $60 million to a family whose baby died from NEC after using a preterm infant Enfamil product, and another jury ordering Abbott Laboratories to pay $495 million in a case involving Similac. These results show that juries are listening and holding manufacturers accountable.
How HKGC Can Help Families Like Yours
We know that no amount of money can make up for your child’s suffering, but holding preterm infant formula companies accountable can bring some closure and help protect other families in the future. When you contact our firm, you can expect a free, compassionate consultation—you’ll speak with attorneys who understand this issue and are experienced in complex product liability cases. We’ll work tirelessly to give your family a voice.
If your child was diagnosed with NEC after being fed a preterm infant formula, you may be eligible to file an NEC lawsuit. Call us today at 1-844-943-7626 or schedule a free consultation online. We’re ready to help you take the next step toward justice.
